Illegal Drugs, Alcohol and/ or Tobacco Use Can Ruin Your Social Security Disability Claim

Social Security claimants who abuse illegal drugs and alcohol risk losing their entitlement to benefits. Social Security laws can prevent you from receiving disability benefits if your alcohol or drug use is a major factor causing your disability.

You may have heard of people receiving disability benefits for alcohol use in the past. However, federal laws have changed. Drug addiction and alcoholism are no longer considered disabilities that may be compensated with Social Security benefits.

Proving that drug and alcohol use is not a material cause of your disability is very difficult. If you are not able to prove that you would be disabled even if you were not using drugs or alcohol, you will not be entitled to benefits. Although it is possible to prove disability even with on going substance abuse, drug, alcohol and tobacco use tends to harm your credibility as a witness.

Swine Flu: Q&A's and What You Should Know

If you have turned on the TV, been on the Internet or listened to the radio chances are you have heard something about swine flu. While you may know what the flu is, what exactly makes the swine flu different? What should you know about what is going on?

While searching the Internet today, we have found many different resources that can help to better understand the swine flu and we now pass them on to you.

Q&A: The facts and fiction about swine flu (Kansas City Star)

Swine flu Q&A with Dr. Dennis Perrotta (Austin-American Statesman)

Swine flu Q&A: Planning a trip to Mexico? (USA Today)

A Few Workers’ Compensation Legal Terms

Accepted claim: A claim in which the insurance company accepts or agrees that your injury or illness will be covered by workers’ compensation.

Medical only claim: A claim in which the insurance company or employer accepts or agrees that you have suffered an injury, however, they believe that you are still capable of working and as such are only going to pay for medical treatment only.

Denied claim: A claim in which the insurance company or employer does not accept or believe that they have a responsibility to provide compensation for your injuries.

Average Weekly Wage: The injured employee’s average weekly salary prior to the injury. In order to determine the average weekly wage you must look to the 52 weeks of the injured’s salary prior to the date of the accident. Generally you total the yearly salary then divide it by 52 weeks. If there are not 52 weeks then most of the time the insurance company or employer simply uses the average of those weeks that the injured employee worked prior to the date of the injury. (This may or may not be correct as it depends on what is fair and reasonable. For example: If you have only worked at the employer for less than three months then more likely than not this is an accurate picture of what your wage earning capacity would be for that position.)

Compensation Rate: The compensation rate is two-thirds of the injured employee’s average weekly wage.

Temporary Total Disability: Weekly disability compensation provided to the injured employee for his/her inability to work. The disability payments are provided at the employee’s compensation rate.

Temporary Partial Disability: Weekly disability compensation provided to the injured employee for his/her reduction in their average weekly wage due to the compensable injury. The disability payments are two-thirds the difference of the injured’s pre-injury wages and those wages after the date of injury.

Permanent Partial Disability rating: The percentage amount assigned to a body part intended to determine the number of weeks the injured is entitled to for compensation for their injury. The permanent partial disability rating is assigned by the treating physician.

Maximal Medical Improvement (MMI): Once it is unlikely that the injured employee’s condition will change or improve with or without further medical treatment, an “MMI” is determined. Maximum medical improvement is determined by the authorized treating physician. Usually when the injured employee reaches maximum medical improvement he/she is released from doctor’s care.

Modified or Light-Duty Work: Temporary employment offered by the employer to the injured employee while they are on restrictive duty by the treating physician.

Suitable Employment: Once the employee reaches MMI, the law requires that the injured employee be returned to suitable employment. Suitable employment is permanent employment available in the competitive marketplace, within the employee’s physical, education, and vocational abilities. The employment also must be comparable in wages as to the injured’s pre-injury position.

Vocational rehabilitation: If you are permanently unable to do your usual job, and your employer does not offer other suitable employment, you will qualify for this benefit. It may include job placement counseling, retraining and a vocational rehabilitation maintenance allowance.

Exaggerating Your Injuires or Not Being Completely Honest In Other Ways

If you haven’t worked on one side or the other of injury claims, you have no idea how incredibly much information the insurance company has about you. You are not going to get away with hiding anything, so don’t even try. They will find out if you lie about one little thing, and then they won’t believe anything else you say. This is true of juries also. One lie, even about a small matter, can kill your case – absolutely kill it. Have I made this simple point clear? From the instant you are injured until you have the final check in your hand, ALWAYS TELL THE TRUTH.

Your insurance company and the other party’s insurance company have access to any past injury claims you have made – auto, job, and other. They have access to any past criminal record you may have. They have databases that will tell them all about your marriages, divorces, past addresses, and may past employments. They may hire investigators to park outside your house and video your comings and goings. I have seen insurance company surveillance tapes of my clients taking out the trash, mowing the yard, washing the car, etc. The insurance companies always try to say my clients aren’t really hurt because they can perform these simple activities. The insurance company investigator may follow you around town to see if you are working when you say you’re too injured to work. Once more – ALWAYS TELL THE TRUTH.

Do be honest and forthcoming with your own insurance company. Even if it may seem embarrassing, it is better if your insurer knows all the facts. Failing to be candid with your insurer might invalidate your policy or cause a denial of coverage. This can ruin any potential claim you may have under your own insurance policy, and can give your own insurance company an excuse not to defend you against any claim the other party might try to make against you.

The Friday Feed #2

Some interesting articles, photos and tidbits we have found this week. Enjoy!:

Times readers' underrated destinations of the world
The LA Times readers pick their 24 most underrated destinations in the world. The mountains in Kotor, Montenegro are amazing. Check them out they are #24 on the list.

After four straight no-hitters, Mitchell High pitcher Patrick Schuster is king of the mound
How do you follow up throwing 3 no-hitters in a row in the previous year? Throw 4 in a row the next. Patrick Schuster, a high school senior in Florida, just threw his 4th no-hitter in a row. He takes the mound again on April 28th to go for number 5. The national high school record for no-hitters in a row is 6.

British scientists study Hawaiian happy face spider
Ever heard of a "Hawaiian happy face spider"? Neither have we, but after seeing the picture we agreed that it is appropriately named.

Chewing gum raises kids' math scores
A recent study of kids 13-16 years old suggest that maybe chewing gum in school isn't such a bad thing.

Study Shows Specialist Best At Implanting Heart Devices

A study by the The Journal of the American Medical Association found that patients who received defibrillators and other heart devices from electrophysiologist, the name for a cardiologist formally trained in device use, had a the lowest rate of complications after surgery. 70% of the surgeries studied were performed by electrophysiologist. The others were done by other types of cardiologists or other kinds of doctors, including thoracic surgeons.

The reason for this study came from the rising rates of the American population getting defibrillators. To raise sales some manufacturers are funding training courses for doctors other than electrophysiologist to perform the surgery. A 2006 New York Times article states that one small heart device manufacturer, Biotronik, spent more than $50,000 to provide implant training to several South Carolina doctors, who then tended to use mainly Biotronik devices on their patients.

There are two theories on how difficult these procedures are. Specialist say that physicians need to be highly trained, while the physicians say that the specialist are trying to protect their practices.

The read the full article in the New York Times please click here. To see the study click here.

Making Inconsistent Statements in Your Social Security Disability Claim

Your credibility as a medical patient and as a witness can make or break your Social Security disability claim. Your credibility is built upon many things including your age, education, work history, medical history, criminal history, family history and many other variables. However a cornerstone of credibility, particularly in the hearing room, is consistency of your statements. Often, a Social Security claimant's case can rest on whether or not the administrative law judge believes that the claimant's limitations are as bad as he or she reports.


Consistency in recorded statements to Social Security personnel, doctors, employers, friends, family and administrative law judge builds a strong foundation for the credibility of your complaints.

However, inconsistencies in your statements can allow an administrative law judge to attack the credibility of your complaints and therefore deny your claim and make winning on appeal more difficult.

Bottom Line: Make sure you tell everyone the same facts.

The Friday Feed #1

Monday - Thursday we research all kinds of material to put on this blog. Along the way, we find different material that really doesn't fit into a category at all. Which brings us to the creation of "The Friday Feed."

Each Friday those articles, pictures or videos we find during the week that are interesting, we will dump into one post at week's end with a link and a short explanation. They may or may not be law related, but they will be is interesting, thought provoking, informational or just simply entertaining.

Without further ado, we present the first Friday Feed.

Enjoy!

Should You Keep Your Own Medical Records?
Google and Microsoft have created online tools for people to document their own health histories. In theory, a great invention, but the article tells the story of "e-patient Dave" and his troubles with Google's software.

The Ocean's Sting: Jellyfish
If you go to the beach this summer, we hope you don't get stung by a jellyfish, but if you do here is an informational guide on what to do if it happens.

World's Most Accurate Clock Unveiled
New atomic clock that loses one second every 300 million years.

Top 125 Hospitals in American Metro Areas
Consumers' Checkbook, a non-profit research organization, recently surveyed doctors on the best hospitals in the top 53 metro areas in America. After gathering the data, AARP turned it into a nice interactive map listing each area and data from the surveys.

The Four Faces of the Bengal Tiger
Think all Bengal tiger looks the same? Think again. They are as diverse as we are as human beings. When clicking through the pictures, it kind of reminds you of picture day back in grade school. Bengal tiger #8 looks like the 4.0 student.

Have a great weekend! We'll see you on Monday.

Good Posture Keeps You In Good Health

Musculoskeletal disorders or repetitive strain injuries are a real pain. But much of it can be avoided or alleviated simply by maintaining good posture. As a rule, you should concentrate on keeping your weight off your arms when you work at the computer. For example, don’t lean on your arms or wrists and don’t reach with your hands. Instead, position your arms by using your shoulder and scapular muscles (back and shoulder blade muscles). Also, try to keep your back always in contact with your chair to prevent slouching. Here are exercises and stretches that help keep you sitting up straight:

1. Place your right hand over your left collarbone. You can use your left hand to support your right as you gently tug downward on the skin and underlying tissue, while slowly stretching your head back and away from your hands. You should feel a stretch in the front of your neck. Hold for one to two deep breaths and gently release. Repeat on the opposite side.

2. When you’re not sitting straight, you can put an enormous strain on your neck muscles. Stretch those muscles by pulling your head upward, then bringing your chin back to create a double chin. Hold for one to two deep breaths and repeat three to five times.

3. The scapulae (or shoulder blades) tend to fall out to the side and forward due to weakness in the mid back and too much tension in the upper back. Fight the tendency to let them to rise up toward your ears; this engages the generally stronger upper back muscles and will only reinforce bad habits. To strengthen the mid back muscles, place your hands on your stomach and gently tuck your scapulae in and down. Hold for one to two deep breaths and repeat three to five times.

4. Stand in a doorway with your hands comfortably on either side of the door jamb. Stand with your feet hip-distance apart. Keeping knees slightly bent, maintain a slight chin and shoulder blade tuck. Take a small step and go chest first through the doorway. You should feel a stretch across your chest muscles. Do not let your shoulders creep up toward your ears or let your elbows point back behind you. Hold for one to two deep breaths and repeat.

Homes Constructed With Chinese Dry Wall May Cause Danger

During the recent housing boom, when materials were in short supply, many American construction companies imported a Chinese made dry wall. Estimates put the amount imported in the 500 million pound range and a possible 100,000 homes in America.

While the building materials were used nationwide there seems to be a concentration in Southern states. Due to the concentration, health departments in Virginia, Louisiana, North Carolina, Florida, and Washington are investigating the use of this material and its adverse effects on home owners.

The bulk of the material entered the states with the rebuilding of destroyed communities due to Gulf Coast hurricanes in 2006. The reason for the large boom after that was because of a short supply of domestic materials and also the cheaper price. According to an AP report, a home owner saved $1,000 on his home building cost due to the use of the Chinese dry wall.

The Miami Herald has an informational Q&A about the Chinese dry wall and how you can figure out if your house, apartment or condominium was built with the material. If you live in the South in a house or apartment built after 2004, please check out this information.

State Cuts Delaying Social Security Disability Payments Nationwide

A recent article from the New York Times says that states are not helping the backlog in the Social Security Administration with cuts they are are making within their state workforce. With states looking to save as much money as possible, they may be laying off employees that review Social Security Disability claims, therefore, delaying the process even more. Even though, as Social Security Commissioner Michael J. Astute states in the article, "states do not save any money" from this action.

Full Article: State Cuts Delay U.S. Benefits, Official Says

Quotes:

“We pay the full freight, States do not save any money when they furlough or lay off these employees. They only delay payments to disabled citizens who rely on the monthly benefits.”

- Social Security Commissioner Michael J. Astute

“Claimants are not getting the service they are supposed to get.”

- California state employee who reviews disability claims, Dr. Richard Dann

F.D.A. to Check on Safety of Various Medical Devices

A report from the New York Times last week says that the F.D.A. is asking makers of some of the more risky medical devices to prove their products are safe and effective. This process was kicked into action by a January 2009 report from the Government Accountability Office that scolded the F.D.A. for failing for decades to fix its system of renewing categories of devices that have been on the market since 1976. Devices that were in existence before 1976 are know as legacy devices.

In 1976 the F.D.A. was told to reexamine all medical devices new and old and reclassify them, they never got around to it. This left 27 different types of medical devices that were simply approved without the proper testing. The G.A.O. and F.D.A. both agreed that the agency needs to take steps immediately to right this wrong.

Quotes:

“We have to review each device type separately, It will take some time.”

-FDA Spokeswoman Mary Long

"It’s great that F.D.A. is finally going to look at pre-1976 devices, but the bigger problem is the low standards for approving any and all devices without clinical trials or any proof of safety or effectiveness.”

-Diana Zuckerman, President of the National Research Center for Women and Families

Happy Easter!!!

From everyone at Hardison & Associates we wish each and everyone of you a Happy and Peaceful Easter!

5 Tips for Improving Your Communication Skills

Every day people speak to you. But are you really listening—or are you merely hearing? Listening skills are especially criti­cal in doing a job accurately and fos­tering good relationships—not to mention understanding others’ needs. Here are five tips to improve your lis­tening skills:

• Assume an attitude of listening readiness. Listening is active, not passive. Be mentally and physically ready. Don’t answer your phone or check your PDA. It is also rude to answer a cell phone. Doing so shows lack of respect for others and will make people feel less important than the call you answered.

• Write thoughts down. You don’t have to pretend you are writing a novel, but jotting an occasional key word or fact can improve retention. The speaker also will feel flattered that you are tak­ing time to note his or her thoughts.

• Paraphrase the other person. It helps you stay alert and atten­tive, and you will be less likely to mis­understand what was said.

• Assume an uncomfortable position. If you are sitting on the edge of your chair or leaning against a wall with your hand, you won’t be so comfortable that your mind roams. Listening needs to be active. When you are too comfortable, you can become passive.

• Listen as though you need to report the information to others. Ask yourself “What’s in it for me?” Then listen to make sure you under­stand correctly the content and the feeling behind it. By actively practicing these effec­tive listening pointers, you will be able to vastly improve your communication skills.

Waiting too Long to Apply & Waiting too Long (or Failing) to Appeal for Social Security Disability

Waiting too Long to Apply

Once you, through consultation with your doctor(s), have determined that you may be unable to work for a period of 12 months or more, you should file for benefits immediately. You could risk losing benefits to which you are legally entitled by waiting longer than necessary to apply. If you are eligible to receive Disability Insurance Benefits, you can only recover retroactive benefits for the 12 month period prior to submitting your application for benefits. Therefore, if you wait more than a year from the date you stop working to apply for benefits, you risk losing more benefits with each month that passes. Depending on how much you have paid into Social Security over the years, this could result in a loss of thousands of dollars per month. If you are eligible for Supplemental Security Income, you are only eligible to receive benefits from the time of your application or the month after. Therefore, it is especially important that you apply for benefits as soon as possible. Every month that you do not apply, you are losing much needed back-benefits.

Waiting Too Long (or Failing) to Appeal

If you have already applied for Social Security disability benefits and you have been denied, you most likely received a letter notifying you of this denial. Towards the end of that letter, there is a paragraph telling you that you have the right to appeal your case. This paragraph states that you have 60 days from the date of the letter to appeal your claim. If you fail to file an appeal on time, you may have to start the application process over from the beginning. This also means you will have to go back to the beginning of the waiting list. You may also permanently lose the right to much needed back benefits. You should appeal as soon as possible after consulting an attorney regarding your appeal rights.

Failing to Give a Full and Accurate History To Medical Providers

I cannot stress this enough. If you fail to tell the medical providers where you hurt and how you were hurt you could not only be harming yourself physically but also legally as well. We all know that it is very important to advise the medical providers of all our complaints so that the physician can give us the proper treatment but it is equally important to your claim for benefits as well.

When the insurance company is investigating a claim they not only take statements from the injured party and witnesses they also inspect the medical records. They are looking to see what was said in the medical records as to how the injured employee reported they were hurt and to what body parts they identified as being injured.

For this reason, when you report to any medical provider be clear and detailed when discussing the nature of your injuries and how they occurred. Always, identify where you were hurt and if there was anything unusual that caused your injuries.

When an injured employee comes to my office and the insurance company has either denied their claim completely or they do not wish to provide medical treatment to a specific body part, one of the biggest hurdles I find is that the accident or injury was not reported in the medical records until several weeks or months after the initial date of injury.

Insurance companies scrutinize these records and if it is not in the medical records they have a difficult time compensating the injured employee.

Moreover, and most importantly, if it is necessary for your case to go to trial the medical records are one of the most compelling pieces of testimony that will be entered in at trial. When being evaluated by the Deputy Commissioner they are given greater weight as they are written by a third-party that has no stake in the claim.

More importantly it is a long established principle that people are most honest when they are reporting their physical complaints to physicians as they want to get better and the physician needs all the information that he can get to make a proper diagnosis. Remember, this practice is recommended not only for your first visit or with just the emergency room - continue to repeat this information for every appointment.

Employee Spotlight: Blair Biser, Social Security Division

Blair Biser is the lead attorney in the Social Security Disability division here at Hardison & Associates. Blair has been with the firm since 2005. He is originally from Whiteville, NC. After graduating from Wake Forest University, he graduated Magna Cum Laude from North Carolina Central University School of Law. Blair resides in Cary, NC with wife, Elizabeth.

In his free time he enjoys trying out new recipes and traveling to the mountains, which was the location of his wedding! A couple of little known facts about Blair, outside of Hardison & Associates family, are that his deviled eggs are out of this world and he has a great country singing voice! Blair has practiced Social Security Disability law and gets satisfaction in helping his clients receive their hard earned Social Security Disability benefits.

Not Taking Immediate Action at the Accident Scene To Ensure Your Rights Are Preserved

- Immediately after an accident, shock and confusion can make anyone forget to use their common sense. But there are certain steps you absolutely must take, beginning the instant after the accident. If you miss that opportunity, you will never have a chance to completely correct your mistake. Remember, even though these comments may refer to automobile collisions, many also apply to other types of accidents. For instance, substitute “store manager” for “police,” or “broken ladder” for “vehicle.”

- If you have had an automobile collision, stop immediately, but do not block traffic. North Carolina law requires that you not leave the scene of an accident, even a minor one, without first stopping to see whether there are damages or injuries. If you cannot immediately move all vehicles out of traffic lanes, warn oncoming automobiles by setting out road flares, turning on hazard lights, or raising the hood or trunk of your vehicle and other vehicles. Assist anyone who may be injured, but be careful not to move seriously injured persons unless necessary to remove them from further danger. Call for an ambulance if obviously necessary, or if you feel immediate symptoms of injury. Keep calm, don’t argue, don’t accuse anyone, and don’t admit fault. Things you say immediately after the accident can be used against you later. So don’t discuss the accident with the other driver, don’t take the blame for it or accuse the other driver of causing the collision.

- Telephone the police and cooperate fully with the investigating officers. If you are not in an emergency situation, you can dial HP* rather than 911. Do not allow the other driver to talk you into not contacting the police. In many cities, police will not come to the scene of a minor collision. Let the police make this decision – you call them anyway. If a police officer does come to the scene, ask him or her to make a written accident report and give you the incident number of the report. Be sure to get the name and badge number of the investigating officer. Also, be sure you know which agency the officer is representing. He or she could be a city police officer, county sheriff’s deputy, or state trooper. If a police report is made, it should be available for you to pick up a few days after the collision. Ask the officer where you can get the report. If you don’t have a lawyer to do this for you, get a copy of the report yourself. Check the report very carefully to be sure all details are correct. Sometimes the investigating officer will correct an error in the report if the error is pointed out quickly. After some time passes though, the officer will not be able to remember the details, and will have to go by what is written on the report.

- If your injury occurred not in an auto collision, but at a place of business, insist that the manager talk with you and make a written incident report. If there is any chance your injury may have been captured by a security camera, tell the manager to preserve that evidence. This could be absolutely essential to proving your case later.

- Make written notes of the names, addresses, phone numbers, and license plate numbers of all parties involved, including any witnesses to the accident. Remember that a picture is worth a thousand words. Fortunately, many people now carry cell phones that can take photos. If you don’t have one of these, keep a cheap or disposable camera in your vehicle. At the accident scene, if you can do so safely, take photos of all vehicles from various angles. Photograph the street scene, including traffic control devises (stop signs, yield signs, or stop lights), skid marks, and any physical objects (such as guard rails or light poles) that were struck by a vehicle. Even photograph the other drivers, passengers, and witnesses, if possible. If you are injured and cannot take photos, ask someone to do it for you. If your cell phone or camera has video capability, a short video of the entire scene can be extremely helpful in showing a clear depiction of the relationship of vehicles and objects.

- Exchange information with the other parties. Always keep a pen and paper in your vehicle. Write down as much as possible from the other driver’s insurance card and driver’s license. Get all contact information from other parties and witnesses, including full names, home, work, and cell phone numbers, home and work addresses, etc. Do not make any statements regarding injuries or fault, except to the police or the paramedics.

- If you feel threatened or unsafe at the accident scene, remain in your vehicle with the doors locked until the police arrive. Write down the license plate numbers, and the color, make, and model of the other vehicles. Take photographs if possible.

Failing to Properly Report Your Accident

Without a doubt the most important step if you are injured on the job is to report the injury to your employer. Many employers have an accident policy in place which can be referenced in an employee manual. If this is the case with your employer then follow those guidelines set out in the manual. If there is no policy then I find that it is most helpful to let everyone know of the injury which would include co-workers, supervisors, and/or any human resource department that your employer may have.

Many employers and insurance companies tell injured employees that they cannot file the claim because they were not notified of the accident within time. Some employers often tell the injured that they had to have notice within 24 hours of the accident. THIS IS NOT THE LAW.

The law generally requires written notice of the injury by accident within 30 days. There are, however, exceptions to this rule. Specifically, and most commonly, if the employer or an agent or representative had actual knowledge of the accident then the employer is also deemed to have notice of the injury. It is for this reason that it is so important to report to everyone at the place of your employment the injury by accident.

There are other exceptions which may apply to your specific case and as such I recommend if your claim has been denied by the insurance company or employer for failure to report the claim within the required period of time then contact an attorney immediately to determine if the appropriate time limits have been applied or to determine if your claim meets one of the exceptions.

Defining "Disability"

What does it mean when a friend, family member, client, patient or other acquaintance says they are disabled? In any case, they may or may not be speaking the same language that the Social Security Administration speaks when defining disability.

The Social Security Administration (SSA) has a rather specific legal definition to classify an individual as disabled, and therefore medically eligible to receive Social Security disability benefits. The term as the SSA defines it has a much narrower scope than that perceived by a layperson. When people normally describe themselves or others as having a “disability,” they may mean that they have a physical or mental impairment that creates occupational limitations, but does not preclude all work. For example, an individual who is injured on the job is generally assessed with a percentage of partial “disability” of the injured body part. This is basically a number rating the loss of that person’s use of a particular body part. However, if the person’s injury allows him or her to return to some other occupation despite that loss of use, he or she would not be disabled under the SSA’s regulations.

In other words, there is no partial disability under the SSA’s regulations. Unlike the Department of Veteran’s Affairs, which pays different amounts of benefits based on a person’s percentage disability rating, SSA pays either 100% or nothing. You either are disabled or you are not disabled. There is no in between.

Essentially, a person is disabled under SSA’s regulations if he or she:

1) Is currently not working at a level of substantial gainful activity;
2) Has one or more medically determinable impairments that significantly limits the person’s ability to do basic work activities and;
3) Has been unable to engage in (or is expected to be unable to engage in) any competitive employment on a sustained and full-time basis for 12 months or more as a result of the impairment(s).

Substantial gainful activity is fairly straight-forward. This encompasses work activity in which a person earns more than $980 per months (for the year 2009; cost-of-living raises this amount every year).

Medically determinable impairments encompass physical and mental injuries, diseases and disorders that cause exertional and/or non-exertional limitations. These limitations must affect a person’s ability to do basic work activities such a standing, sitting, lifting, seeing, hearing, handling, communicating, etc.

A person’s impairment or combination of impairments must prevent him or her from engaging in competitive employment on a sustained and full-time basis. In other words if a person with chronic back pain is unable to complete a normal workday without having to take unscheduled extended breaks due to the severity of his or her pain, then full-time employment will likely be out of the question. Likewise, a person with a mental illness may have periods during which he or she functions normally. However if there are intermittent periods of decompensation in which the individual is unable to leave his or her house, sustained and full-time employment would not be possible. Even if a person is able to work regularly on no more than a part-time basis, then he or she would meet the medical requirements of disability under SSA’s regulations.

The SSA has specific medical criteria listed in their regulations. If a claimant meets or equals the severity described in these criteria, he or she is deemed disabled. If the claimant does not meet these criteria, then SSA determines whether he or she is able to work based on a finding of residual functional capacity. SSA has special regulations that may make it easier for older claimants to be approved, depending on education and past work experience.

Doctors and other medical professionals should take care to specify a patients limitations caused by a medical condition. If the limitations caused by a condition would prevent sustained, full-time employment, then the patient may be rightfully entitled to disability benefits under the law until the point that he or she is able to return to full-time work.

Blocks to Creativity

There are many blocks to creativity. This is a short article that describes the three main domains of such blocks; the environment, other people and, ultimately, ourselves. The response to creative blocks is sometimes called blockbusting.

Environmental blocks

Some blocks occur in our environment. For example, dress codes and tidy offices at work are all subtle signals that remind us that we must conform, even in our thinking. Most of the time this is not a bad thing, but when we want to be creative it can be subtly obstructive, even when we are working alone. If you want to be creative, it can be a good idea to go off site.

Environments can be supportive as well as obstructive, and you can deliberately build an environment that are full of creative stimuli--or maybe just very relaxing. Effective creative environments can vary with people and moods, so you may want to be able to experiment with your surroundings so you can build the most effective environment you can.

People Blocks

Many blocks come from other people. We are highly social creatures and even the thought that a complete stranger may find us ridiculous is enough to make most of us clam up. We are also competitive and judgmental which can easily lead us to evaluating others and their ideas, even when we consciously know the corrosive effect it will have on them.

Psychologist Carl Rogers said we should create two conditions for people:

• Psychological safety by accepting the person, empathizing and not evaluating them.
• Psychological freedom to think, feel and contribute fully.

This is why group creativity is particularly tricky and why one of the basic brainstorming rules is 'no judgment'. If you do not trust your co-creators, you might as well all go home. It is also one reason why it is useful to have a neutral facilitator run the session.

Internal blocks

The final and most pernicious sources of creative blocks is - ourselves. More accurately, it is our subconscious and that little voice that warns us of the dangers of unconventional thought.
Many of these blocks come from our past and are programmed in from an early age. We are taught to follow the rules, be logical and not rock the boat. Our parents, teachers and peers have all helped us put some powerful psychological blocks in place to keep us on the straight and narrow socially-acceptable road. Most of the time this is perfectly useful, but when we want to be creative, it is just a darned nuisance.

In the final analysis, all blocks are internal, although the people and things around us can still make it easier or harder to get into a creative frame of mind.

Blockbusting

'Block-busting' is a term that is used to describe deliberate actions or thoughts that are used to overcome our creative blocks. Many of the creative tools are specifically designed to get past your internal blocks and let out your creative self, for example by deliberately introducing unconventional stimuli.

For example, a creative skill that children use is play, where suspension of disbelief and open exploration is the norm. As adults we sometimes consider it to be beneath us, or worry that others will judge us if we 'stoop to childlike behavior'. If we can overcome this irrational fear and take on a playful frame of mind, we can re-open this valuable avenue of exploration.

Failure to File a Form 18 for Your Workers' Compensation Claim

In the State of North Carolina there are certain time limitations which govern when an injured employee can pursue a workers’ compensation claim. In order to be clear, I am not speaking of notice to your employer of the accident as previously mentioned. These are two separate concepts. I am speaking to the actual pursuit of compensation pursuant to the North Carolina Workers’ Compensation Act.

In order to help protect your right to compensation you need to file Form 18 with the Industrial Commission. If you fail to file a Form 18 immediately with the Industrial Commission then your claim may be barred after a period of time. The time or tolling of a workers’ compensation claim may be different for different injured employees depending on the circumstances.

There is no definite statute of limitations as can be found in other areas of law. You may have heard that you have two years to pursue benefits in the State of North Carolina; while this may be true in most instances it is not true under all circumstances and it depends on the type of benefits which are being pursued such as either medical treatment or disability benefits.

The rule to remember is if you want to pursue workers’ compensation benefits then file a Form 18. If a Form 18 has not been filed in a case where I have been retained, I file a Form 18 every time. The Form 18 lets the Industrial Commission and the employer know that the injured party is claiming workers’ compensation benefits.

How Does the Stimulus Package and New Budget Affect Social Security?

With a slew of new events going on in Washington it may be difficult to keep up with how new financial plans are affecting the world of Social Security. Two specific documents that are catalyst for this change are the American Recovery and Reinvestment Act of 2009, better known as the Stimulus Package, and the 2010 fiscal year budget. Each provides some kind of proposed financial assistance or boost in funding to the Social Security Administration (SSA), but what will it mean for the future?



Stimulus Package

Total Amount to the SSA:
$1 Billion

Breakdown of funds:
$500 Million to build a National Computer Center
$500 Million to assist in processing of workloads.
What does this mean?

In a previous newsletter we talked about four reasons that Social Security disability claims may be taking so long. This specific part of the Act, in theory, will help relieve some of the backlogs, but that means the hiring and training of new staff. Over time, these new hires may become very familiar with the process, but at the beginning many mistakes could be made due to inexperience. Even someone who has an “air tight claim” may still have their claim denied due to the fact that the people handling the case are not familiar with the processes involved.

The same can be said of the building of a National Computer Center. Anyone who has moved from one house to another or from one office building to another can attest to the hectic times that follow after the move. Again someone can be denied due to simple errors associated with the transition of information. If denied, obtaining an attorney that specializes in Social Security and can cut through the red tape and greatly improve a claimant’s chance of winning an appeal.

2010 Fiscal Year Budget
Highlights of Budget:
• Provides 11.6 billion (10% increase) for the Social Security Administration
The increase, much like the $500 million in the Stimulus Package, is targeted at providing relief to the backlogs already in the SSA by staffing new employees. The budget reads, “This amount includes resources to ensure increased staffing in 2010 and will allow SSA, to increase the level of work processed in key service delivery areas to the American public, such as processing initial retirement and disability claims, and disability appeals.”

One thing is clear from both of these financial documents. The Social Security Administration is augmenting their efforts to process claims. With the hiring of new staff and the transition of information in the near future, claimants who are initially declined can make sure their case was not one that fell through the cracks by hiring an attorney who is well versed on the laws of Social Security.

Study Shows Females Outperform Males on Timed Tests

A new Vanderbilt University study of more than 8,000 males and females ranging in ages from 2 to 90 in the United States has found that females have significant advantages over males when it comes to timed tests and tasks. The differences were found to be most significant among preteens and teens, according to Vanderbilt researchers Stephen Camarata and Richard Woodcock.

“We found very minor differences in overall intel­ligence. But if you look at the ability of someone to perform well in a timed situation, females have a big advantage,” Camarata said. “‘Processing speed’ doesn’t refer to reaction time or the ability to play video games. It’s the ability to effectively, efficiently and accu­rately complete work that is of moderate difficulty. Though males and females showed similar processing speed in kindergarten and preschool, females became much more proficient than males in elementary, mid­dle and high school.”

Males scored lower than females in all age groups when it came to processing speed, but the study did find that males outperformed females consistently in some surprising areas, such as identifying objects, knowing antonyms and synonyms and being able to complete verbal analogies. These findings go against the idea that women/girls are better with communica­tion skills earlier.

The researchers wrote, “Consider that many class­room activities, including testing, are directly or indi­rectly related to processing speed. The higher perform­ance of females may contribute to a classroom culture that favors females, not because of teacher bias but because of inherent differences in sex processing speed.” The study was recently published in the journal Intelligence.