Newsletters

Workers' Compensation and Third Party Actions

Avoiding a Double Recovery

Supplemental Security Income Appeals Process

Aggrieved individuals may appeal initial determinations of the Social Security Administration with respect to a variety of issues. A non-exhaustive list of appealable issues includes whether an individual is eligible to receive Supplemental Security Income (SSI) benefits, the amount of an individual's SSI benefit, whether an overpayment has occurred and the amount to be repaid, and whether the individual suffers from a "disability." Though individuals have sixty days to initiate the appeal process, only those individuals who appeal within ten days may have their benefits continued until the appeal is decided. If ultimately, the individual's appeal is unsuccessful, the payments he received in the interim will be considered overpayments. After each decision in the appeal process, the individual has another sixty days in which to appeal to the next level.

On-Call Employees

Professions that may require employees to reside on the premises and be "on-call" include servants, security guards, private nurses, nannies, and the like. Continuously on-call employees who reside on their work premises are generally covered under the "course of employment" principle should they be injured. If the employee is not always on-call but, rather, has only specified hours in which he is on-call, he will only be allowed compensation if the injury was due to his living conditions as a by-product of the employer's requirement that he remain on the premises.

Drug and Alcohol Dependence

SSI and SSDI benefits)

Employee Detours and Deviations From Business Trip

Employees may be called upon by their employer to travel for a business purpose. Such travel is generally considered to be in the course of employment and, if injured, the employee will be entitled to workers' compensation benefits. However, if the employee deviates from the business trip route for a personal reason, he will not be covered by workers' compensation until he returns to the business trip route. Notably, if the deviation is basically inconsequential, the employee may still recover benefits if injured on the minor detour.

Implementation of Workers' Compensation Policies and Procedures

The escalation of workers' compensation claims and, by correlation, premiums, makes it vital that employers create and implement policies and procedures to effectively address disability management and comply with state and federal law. These policies and procedures should be reduced to writing for reference and to ensure their consistent application.