Friday Feed #16

July 31st = Friday Feed

WRAL Channel 5's Out & About
Check out what is going on in the Triangle on Friday, Saturday and Sunday.

The 2000's Best On Screen Villains
Fanside.com takes a look at 20 characters that were the best at being bad since 2000.

Nap Time! One-third of Americans Do It
Live Science breaks down who is most likely to take a nap.

Living Pictures Formed by Thousands of US Soldiers
Simply, some amazing pictures.

Mysteriously High Tides on East Coast Perplex Scientists
Some tides on the East coast have out done expectations by two feet and scientists have no clue why.

6 Crazy Building Projection Projects
Here are six creative building projections to get you thinking big.

Best Wedding Entrance Ever

Backlogs and The Social Security Administration: A History

As you've seen many times on the news, on the Internet and on our blog, there is a big problem with backlogs in the Social Security Administration. An August 2008 article in The Oregonian puts the number at 762,335 who are waiting on an appeal decision. That was before the onset of the recent economic climate, so it is very possible that number has ballooned over the past year.

All this media coverage sparked our interest. So we started looking back through the years to see if we could find any other examples of backlogs being discussed in the media. This is what we found.

The above article is from a Dec 3rd, 1975 edition of the Eugene Register. You may have to get close to the computer screen to read it, but the main point of the article is a backlog of 100,000 appeals in the Social Security Administration. To relieve this backlog, Congress voted 370 to 0 in favor of an emergency bill to expedite the process. The last paragraph mentions that if this bill is put into authority, then the backlog would be reduced by an estimated 3,000 a month.

The picture above is an excerpt from an article by Brooks Jackson of the Associated Press penned February 1st of 1978. The article is more focused on the lack of hiring by the Social Security Administration, rather than the backlog, but it does mention that the lack of Judges in the system is only compounding the backlogs. The aforementioned article from The Oregonian said this of today's system: "...an agency whose staffing levels are below those seen during the Nixon administration 34 years ago..."

While this article was published about a year into Jimmy Carter's term, it is still a parallel between the times of the 1970's and today. It is simple logic. If you don't have enough people to churn through the stack of appeals, backlogs will happen.

Lastly, we go to AP Writer, Jennifer Dixon, and her article on the backlogs in 1993. The 732,000 backlog mentioned in this article is just initial applications, not appeals.

Simply, backlogs and the Social Security Administration have a pretty rich history.

Settling Your Claim Without a Job is a Mistake in Your North Carolina Workers' Compensation Case

If you have been released by the treating physician at maximum medical improvement and you have been assigned a permanent partial disability rating then the insurance company or the employer is going to be ready to settle. But what happens if you can no longer perform your previous position and the employer does not have another job for you within your restrictions?

Then you shouldn’t settle for the rating. Workers’ compensation in the State of North Carolina is intended to compensate the injured employee for the loss in wage earning capacity. If you can no longer perform your position then a scheduled injury settlement will not compensate you for your injuries. The insurance company or employer will have to assist you with finding another job in the competitive marketplace that offers you wages as close as practicable and within your physician restrictions.

The insurance company or the employer will do anything within their power to convince you to resolve you claim without truly attempting to try and offer you compensation for your inability to return to your position. The insurance company and the employer do not wish to put the injured employee into vocational rehabilitation due to the cost and expense. When an injured employee is in vocational rehabilitation not only due they have to provide temporary total disability benefits to the injured employee but they have to pay a trained specialist to assist the employee in returning to suitable employment.

To the insurance company or the self-insured employer it about money and cost saving but to the injured employee it is about their future and well being. If you cannot return to work with your previous employer due to your restrictions do not settle in a hurry at their first offer. Make sure that the compensation that you receive is reasonable. After the case is settled it is business as usual for them.

Arizona Cancer Patient Takes to YouTube to Get Answers and Help

Gayle Debilbiss is a 54 year old cancer patient from Arizona who was recently denied Social Security Disability. Fifty-four may seem a little out of the social media loop demographic, but the savvy Ms. Debilbiss, with the help of a friend, spoke about her situation and posted it on YouTube for the world and the President to see.

From the KVOA.com:

Hearing the words, "You have cancer" was the first nightmare. "It's unbelievable to hear those words directed at you," Debilbiss said.She was sick long before that though. The cancer had been misdiagnosed several years ago.

She wasn't able to work any longer so she applied for Social Security Disability and was denied. Then appealed it after the cancer diagnosis and was denied again.
"You take chemotherapy and it makes you sick and they think you can just bounce back and go back to work," Debilbiss said.

She says she's been in remission for the last two months but she's still in pain, constantly feels fatigued and most days she has to be on oxygen. They're conditions she says would make it nearly impossible to hold down a job.

She says trying to prove that to the government has been the other nightmare.

Friday Feed #15

Happy Friday! If you didn't know, today (July 24th) is Amelia Earhart Day.

WRAL Channel 5's Out and About
Check out what is going on in the Triangle Area on Friday, Saturday and Sunday.

The Strangest Plants on Earth
Check out these 7 strange plants, which include the Welwitschia mirabilis, a plant that can live up to 2,000 years on a inch of rain a year.

Five Myths About Sleep and Insomnia
Think you need a solid 8 hours a night? Maybe not.

Top 10 Most Expensive Military Planes
Time Magazine takes you through 10 of the most expensive planes that the military has produced.

7 Very Fun Games That Are Actually Good For Your Brain
Check out these 7 games, which are, like the titles reads, good for training your brain.

100 Things Your Kids May Never Know About
Wired.com writer Nathan Barry goes over 100 things today's kids will have no idea about. His topics include entertainment, computers, the Internet, gadgets and miscellaneous items.

Have a safe weekend and we'll see everyone next week.

What is an Injury Case?

Lawyers say that they do “injury cases” or “accident cases” or “wrongful death cases,” but I’m not sure that everyone understands exactly what this means. An injury case, automobile accident case, or wrongful death case is a type of claim in which a person has been injured or killed due to someone else’s carelessness (negligence). If the only damage in your case is that your car got banged up, then you don’t have a personal injury case – but you may have a property damage case. Our firm does not handle property-damage-only cases, but we offer very valuable resource, available from my law firm and free for North Carolina residents, that will help you handle your own property damage claim, without even hiring a lawyer.

If both you and your car have suffered damage, then you have both a personal injury and a property damage claim. In those circumstances, either your insurance company or the other person’s insurance company will usually take care of your property damage claim. Your lawyer can give you some free guidance on the property damage portion of the claim if you are being represented on the injury portion of the claim.

If someone’s negligence causes the death of another, then this is called a “wrongful death” claim. The laws of each state differ significantly regarding what can be recovered in a wrongful death case, and who is entitled to a recovery. You need an attorney who understands the specialized wrongful death laws.

In a typical personal injury case, once a claimant has completed medical treatment, negotiations begin with the insurance company in an effort to settle the claim for a fair amount of money. If no settlement agreement can be reached, a lawsuit must be filed by the injured person.

Once the lawsuit is filed, both sides engage in the legal process called discovery. Each party is allowed to investigate what the other side is going to say at trial. The defendant will be permitted access to your medical and work history, including your income records. You may have to give a deposition under oath. The defendant is also subject to discovery. The defendant will answer written and oral questions, under oath, about his or her background, and about the incident at issue. Then a trial is held, and a judge or a jury will determine both fault and damages.

Blair Biser Speaks In Raleigh, North Carolina on Social Security Benefits at MDA Event

If you're a regular reader, you'll know that last week our head Social Security attorney, Blair Biser, spoke in Raleigh on the subject of Social Security benefits offered by the Social Security Administration and more specifically on Social Security disability.

The event was put on by the local MDA chapter and we thank both the MDA and the guest that came out to hear Blair speak. It was truly our pleasure to be of help in anyway. While the speaking lasted around 40 minutes, the question section of the event is where people really dug in and received the answers they needed. There were many great questions and unique situations. We hope everyone that attended came away from the speech feeling more confident about their knowledge on Social Security. Thanks to Blair and fellow Social Security attorney Rachel Lane for fielding questions after the event was over.

We taped the whole speech and decided to break it down into different sections to share with you on the blog. Enjoy Part 1!!!

Part 1: Benefits Offered by the Social Security Administration

Playing In the Sand Can Leave You Dirtier Than You Think

An article today from Eric Nagourney of the New York Times suggests that adults and kids alike should be cautious of what they do after they have been playing in the sand at the beach all day. Nagourney's article stems from a study published in the American Journal of Epidemiology. It is known that being in water with a high bacterial content is a risk on your health, but most didn't realize that the sand could possess a possible higher risk.

The study was conducted by the help of over 25,000 people who were visiting seven different beaches in the U.S. After visiting, scientist conducted interviews with the participants/ beach goers to see what they did with their day. After the numbers were tallied, they showed a positive association between digging in the sand and being buried in the sand with gastrointestinal illness.

Dr. Chistopher Heaney of UNC- Chapel Hill, who was the leading authority on this study, suggests that kids and adults should wash their hands before eating either on the beach or directly after a beach visit.

Friday Feed #14

Day after Thursday. Day before Saturday. You know it as the Friday Feed.

WRAL Channel 5's Out & About Section
Check out what's going on in the Triangle on Friday, Saturday and Sunday.

35 Excellent Examples of Light Graffiti
Check out these pictures of some amazing light being taken to the creative edge.

10 Great Game Show Gaffes
Woman's Day has become of favorite of the Friday Feed. Mostly because they bring us great stuff like 10 of the best game show bloopers in video.

Remembering Apollo 11
Boston.com's Big Picture blog takes a look back at the Apollo 11 Mission with some great pictures. The 40th Anniversary of this event was Wednesday July 15th.

The Triangle's Top 50
The News & Observer takes a look at the Top 50 Reasons the Triangle is a great place to live when it comes to food.

Swiss Company Promises Chocolate Revolution
Think chocolate can't get any better? How about bars that won't melt and have 90 less calories.

Blair Biser Speaking at MDA Event Tonight and MDA Camp Info

Social Security attorney Blair Biser will be speaking at "MDA Info Night" at Hope Community Church in Raleigh from 6:30pm - 7:30pm with a Q&A session following his speech. Attorney Rachel Lane will also be on hand to field questions that attendees may have.

When we were approached with this opportunity from the MDA, we were very excited to be a part of their event. The folks at the Raleigh MDA office work very hard to offer their services, be that medical or informational, to their families. It is our sincere hope that the families walk away from tonight's event with a greater knowledge of the Social Security system, resources and channels they can utilize to learn more in the future. With Blair speaking, we're confident that will be achieved. We will be video taping the event and hope to bring it to you on this blog in the near future. So stay tuned!

A bit of sad news to share. The MDA Summer Camps have been cancelled nationwide due to the recent N1H1 virus. As the old saying goes, "If life throws you a lemon, make lemonade", and that is exactly what the Eastern Carolina MDA chapter has done. On Saturday, August 8th the MDA will hold "MDA Life Under the Big Top Picnic" from 11am-3pm at Crowder Park in Apex, NC. A week of camp packed into four hours on a Saturday. It will be a great day and Hardison & Associates is looking forward to being a part of it.

If you would like more information on the MDA, please visit their official website. If you would like to make a donation or would like more information on events that the Eastern Carolina MDA chapter is putting on, please contact their office in Raleigh at (919) 783-0222.

An Overview of Reflex Sympathetic Dystrophy/Complex Regional Pain Syndrome

Reflex Sympathetic Dystrophy (RSD) is frequently referred to as Complex Regional Pain Syndrome (CRPS). RSD is a multi-symptom syndrome that usually affects the extremities, but may affect virtually any part of the body. The best way to describe RSD is an injury to a nerve or to soft tissue that does not heal normally, and it can be caused by even the slightest of injuries. If left untreated, RSD can spread to all extremities which makes the rehabilitation process difficult. The treatment of RSD is challenging and it can become extremely expensive due to permanent deformities and chronic pain. Patient’s suffering from advanced RSD may have significant psychological and psychiatric problems, and risk developing dependency to narcotics. However, if diagnosed early, doctors can use physical therapy and nerve blocks to cure or lessen the effects of the disease. The incidence of this syndrome is higher in women, especially among the young. A number of factors have been associated with causing RSD, including trauma, heart disease and heart attack, cervical spine or spinal cord disorders, cerebral lesions, infections, surgery, repetitive motion disorder or cumulative trauma.

Clinical Features of RSD
Pain: The first and primary complaint occurring in one or more extremities is described as severe, constant, burning, and/or deep aching pain

Skin Changes: The skin may appear shiny, dry, or scaly. Hair may grow coarse and thin. Nails in the affected extremity may be more brittle, grow faster and then slower. RSD is associated with a variety of skin disorders including rashes, ulcers, and pustules.

Swelling: Pitting or hard edema is usually localized to the painful and tender region.

Movement Disorder: Patients with RSD have difficulty moving because they hurt when they move. Patients describe difficulty in moving, as though they have stiff joints. Tremors and involuntary severe jerking or extremities may be present. Psychological stress may exacerbate these symptoms. Sudden onset of muscle cramps can be severe and completely incapacitating.

Spreading Symptoms: Initially, RSD symptoms are generally localized to the site of the injury. As time progresses the pain and symptoms tend to spread. Typically, the disorder starts in an extremity.

Bone Changes: X-rays may show wasting of bone or a bone scan may show increased or decreased uptake of a certain radioactive substance in bones after intravenous injection.

Duration of RSD: The duration of RSD varies. In mild cases it may last for weeks followed by remission, but in many cases the pain continues for years and in some cases, indefinitely.

Treatment

The most important aspect of treating RSD is education. The doctor defines the potential benefits, risks, and alternatives. The therapeutic goals must be to educate the patient about therapeutic goals, encourage normal use of the limb, minimize pain, and determine the contribution of the sympathetic nervous system to the patient’s pain. The cornerstone in the treatment of RSD is the normal use of the affected part as much as possible through physical therapy. The goal of physical therapy should be to create independence from the health care system in the shortest period possible. Although psychiatric illness or personality disorder does not cause RSD it is likely that personality contributes to the disease. A formal psychological evaluation should be initiated early in the course of treatment. Medications are generally prescribed according to various characteristics of the pain including constant pain, pain causing sleep problems, inflammatory pain or pain due to recent tissue injury, spontaneous jabs, sympathetically maintained pain, and muscle cramps.

Social Security Fairness Act of 2009: A Look at the Committee on Ways and Means

If you have been following our blog, we have been watching the Social Security Disability Fairness Act of 2009 closely in an effort to keep you up-to-date with its progress through the US Congress.

We'll start off with this bit of news before we get into the overview of the Ways & Means committee. As of July 12th, 2009 the Social Security Fairness Act of 2009, which was sponsored by North Carolina Representative Mike McIntyre, has been co-sponsored by Madeleine Bordallo (Guam), Sam Farr (CA) and Betty Sutton (OH).

While this is far from a new development, the bill has been assigned to the House Committee on Ways & Means. Today we are going to give you a look at the committee and some of the members within it.

The 41 member committee is chaired by New York 's District 15 Representative Charles Rangle. Bob Etheridge, North Carolina's 2nd District Representative, also holds a seat on this committee. North Carolina's 2nd District covers the area shown below:

Within the Ways & Means committee there is a subcommittee whose assignment is to review everything concerning Social Security. The subcommittee is chaired by Tennessee Representative John Tanner. The official wording of the subcommittee is as follows via the Ways & Means official website:

The jurisdiction of the Subcommittee on Social Security shall include bills and matters referred to the Committee on Ways and Means that relate to the Federal Old-Age, Survivors’ and Disability Insurance System, the Railroad Retirement System, and employment taxes and trust fund operations relating to those systems. More specifically, the jurisdiction of the Subcommittee on Social Security shall include bills and matters involving title II of the Social Security Act and Chapter 22 of the Internal Revenue Code (the Railroad Retirement Tax Act), as well as provisions in title VII and title XI of the Act relating to procedure and administration involving the Old-Age, Survivors’ and Disability Insurance System.

The full Social Security subcommittee members are as follows:

JOHN S. TANNER, Tennessee, Chairman
EARL POMEROY, North Dakota
ALLYSON Y. SCHWARTZ, Pennsylvania
XAVIER BECERRA, California
LLOYD DOGGETT, Texas
RON KIND, Wisconsin
JOSEPH CROWLEY, New York
LINDA T. SÁNCHEZ, California
JOHN A. YARMUTH, Kentucky
SAM JOHNSON, Texas, Ranking Member
KEVIN BRADY, Texas
PATRICK J. TIBERI, Ohio
GINNY BROWN-WAITE, Florida
DAVID G. REICHERT, Washington

The full committee also has subcommittees on Trade, Oversight, Health, Income Security and Family Support and Select Revenue Measures. A list of the full 41 person Ways & Means committee can be found HERE.

Friday Feed #13

Friday! Once again it's the Friday Feed.

Five Fabulous Finds: Starbucks Ice Cream, Slurpees and Chick-Fil-A Combo Meals...Free!
Free food is always good food. Check out Wallet Pop's list of current deals that don't cost a dime. If you have a cow suit, be ready to use it!

10 Wind Turbines That Push the Limits of Design
Popular Mechanics, a site that is featured in the Friday Feed a lot due to their great articles, shares 10 Wind Turbines that not only produce power, but push the traditional "wind mill" design envelope. This is a great read, which also comes with videos.

Top 10 Poisonous Plants
LiveScience.com takes a look at 10 plants that you don't want to nibble on if you are in survival mode.

Surprising Inventions by Famous People
Isaac Newton, the man that brought us the Universal Law of Gravitation, also brought us the cat door.

Tweet nothings: NFL says no to Ochocinco
After telling a Houston radio program that he planned to "tweet" on the sidelines during games, Chad Ochocinco, formerly known as Chad Johnson, didn't get the bill of approval from the NFL. By the way, if you would like to follow us on Twitter, Click here.

AUTO-TUNE
If you listen to a lot of music chances are you've heard Auto-Tune. Maybe you've spotted it before, maybe not, but it is a pitch correcting audio editing program that corrects singers pitch to an exact perfect match with the note. Performers like T-Pain, Rascal Flats, Cher and The Dixie Chicks have all used it in some form or another. Check out the video below to get an in-depth look at it and its creator.

The Cost-of-Living Adjustment (COLA): An In-Depth Look at What It Is and How It Is Calculated

In a previous post on May 5th we shared news from an article in the New York Times about the cost-of-living adjustment that is applied each year to Social Security benefits recipients' checks. The article offered the news of this happening, but it really didn't dive into how it happens. Today we are going to share and provide resources for you to learn a little more about the cost-of-living-adjustment and how it calculated each year.

What is the cost-of-living adjustment (COLA)?

Simply, the cost-of-living adjustment is used to compensate for the effects of inflation in the economy. Each December the change goes into effect and then becomes payable in January of the next year.

What is used to represent the change in COLA?

Each month the Department of Labor updates the Consumer Price Index for Urban Wage Earners and Clerical Workers. The cost-of-living adjustment change reflects the changes in these numbers.

What is the Consumer Price Index for Urban Wage Earners and Clerical Workers?

The Consumer Price Index for Urban Wage Earners and Clerical Workers is defined by the Department of Labor as a program that produces monthly data on changes in the prices paid by urban consumers for a representative basket of goods and services.

What is the exact formula for the COLA?

The COLA all rests on the 3rd quarter numbers from two years. The aforementioned Consumer Price Index is updated each month. The 3rd quarter represents the months of July, August and September. Therefore, the Consumer Price Index numbers from those three months in two consecutive years are used. They are averaged out and the change in those numbers will be applied in December of that year and payable in January of the next. Confused? See the chart below from the Social Security Administration.

(215.495 - 203.596) / 203.596 x 100 = 5.8 percent.

As you can see, the 2009 COLA, which was applied to checks beginning in January of 2009, was calculated using financial information from 2007 and 2008. In that time span there was roughly a 12 dollar increase in the Consumer Price Index and that came out to 5.8 percent change from 2007.

Why is the 2010 COLA forecast by the Government not have it increasing?
Going off the last answer the COLA is calculated from 3rd quarter reports of the CPI. As you read, the CPI average from 2008 was 215.495. For the 2010 COLA to increase any the CPI average in the current quarter we are in (July, August, September of 2009) must be above 215.495. To get an example of where we are currently at the 1st quarter CPI average from this year was 206.542. A jump exceeding 8.953 is the only way there will be an adjustment. The largest spike from 1st quarter to 3rd quarter was in 2008 at 7.78.

Where can I find more information on the COLA?
CPI for Urban Wage Earners and Clerical Workers Historical Chart
COLA History
Determination of the COLA
Effect of the 2009 COLA on benefits

DisabilityInfo.gov: A Great Resource For Those With Disabilites

Yesterday we offered a handful of links stocked full of information associated with Social Security benefits and the Social Security Administration. Today, while searching for something to write about, we found another resource that we could not pass up telling you about.

DisabilityInfo.gov, a combined effort between 21 Federal Agencies, offers a wealth of information for those people who are disabled and also their families. From education to transportation they have everything covered. Chuck Stovall, a public relations specialist for the Social Security Administration, says that many questions can be answered by this new website including questions about work incentives, the appeals process, Medicare and Medicaid, youth transitioning from school to work, accessible transportation and much more.

We only had about 30 minutes to click around the site and read on a couple of topics, but we were so impressed that we had to share it with you.

Online Tools and Information on Social Security Benefits, News and Discussion

Social Security is a pretty broad subject. With that being the case, the information you find when you type the term into a search engine may intimidate you. Today we are going to offer some helpful links to various websites on Social Security where you don't have to wade through the search engines to find what you are looking for. The Internet is an infinite place, so these links only scratch the surface of some of the best resources out there in cyber space.

Social Security Online

The official site of the Social Security Administration.

Find the Nearest Social Security Office

Social Security FAQ

Medicare Information

Apply for Social Security retirement or spouse's benefits

Apply for Social Security disability benefits

Apply for extra help with your Medicare prescription drug costs

Check your application status

Find out what benefits you can apply for

Use Retirement Estimator

Find your full retirement age

Request a Social Security Statement

Social Security Retirement Benefits Information

Survivors Insurance Program Information

Social Security Disability Information

Supplemental Security Income (SSI) Information

Common Social Security Forms

Common Forms in Spanish

Common Forms in 15 different languages

Public Information Material

Blogs and News:

Gordon Gates' Social Security Blog

Disability News Blog

Social Security Hot Topics

Social Security Disability Blog

Tim Moore's Disability Blog

Who Controls An Injured Workers' Medical Treatment in North Carolina?

If you are injured in the State of North Carolina as a result of an injury by accident while in the course and scope of your employment then you may be entitled to both medical and lost wage benefits pursuant to Chapter 97 of the North Carolina General Statutes. These Statutes are commonly referred to as the North Carolina Workers’ Compensation Act. Everyday I receive many questions from injured employees in regards to their medical treatment through workers’ compensation. As a result of these questions we felt it was imperative to try and address these concerns as one of our newsletter topics. We hope that the following discussion is helpful in answering questions that the public may have in regards to medical treatment through the Act.

When an employee is injured in the State of North Carolina and the insurance carrier deems it to be a “compensable claim” then they will instruct the injured employee where they are to seek medical treatment. Many injured employees do not wish to be treated by the recommended physician and would rather seek medical assistance at a physician that they already know. However, it is becoming more evident every day that the carrier does maintain the right to direct medical treatment of the injured employee.

What does this mean for the injured employee? Does the injured employee ever have the ability to see a doctor for an independent opinion? As long as the injured employee is in the healing period, it is very difficult for the injured employee to select a physician of his choosing. The carrier has physicians which are within their insurance network that they utilize on a regular basis. They are not likely to let the employee independently select another physician. In addition, employers often have contracts with other physicians to handle their workers’ compensation claims. This does not mean that the injured employee will receive inadequate medical treatment but the injured employee will undoubtedly feel as though they are being forced to see a particular physician.

There are essentially two stages of an injured employee’s medical treatment when you are speaking about a work related injury. The two stages are termed as “pre” and “post” maximum medical improvement. The term maximum medical improvement indicates that the treating physician has opined that the injured employee is as good as they are going to get medically under their care. The term pre-MMI is associated with the time period identified as the healing period. This is the period of time directly following the compensable injury by accident. The carrier or self-insured employer refers the injured employee to a doctor of their choosing during this period of time. My recommendation to those injured employees is to put forth a good faith effort to comply with the physician’s recommendations.

I recommend that the injured employee comply with the directives of the treating physician because the law requires the employee to comply with reasonable medical treatment recommendations. Unfortunately, not complying may jeopardize the injured employee’s right to receive further compensation both monetarily and medically. Does this mean that the employee is at the complete mercy of the carrier or self-insured and their treating physician? No.

Once the treating physician has decided that the injured employee is at maximum medical improvement, they have come to the conclusion that they can no longer offer any medical benefit to the employee and essentially the employee cannot get any better. It is at this time that we enter the post-MMI period. But what does this mean? This means that the employee obtains the ability to receive what has been called a second opinion on the rating. The law allows when there is a question of permanency that the injured employee can obtain an opinion from a physician duly licensed in North Carolina for their opinion as to their rating. Once the physician offers a second opinion in regards to the rating if the physician also indicates there is further medical treatment that can be offered then the injured employee can apply to the Industrial Commission to have these recommendations authorized by the carrier.

The injured employee does have options. If the treating physician assigned by the carrier releases the injured from their medical care and the injured are not satisfied then they can get a second opinion on the rating. Moreover, it is possible that the carrier may allow you to see another physician for a second opinion. They generally will not allow you to choose the physician but maybe you can agree on a physician. Remember, it is in the insurance company’s best interest to get you well as quickly as possible also. I also want to stress one other option. The law allows the injured employee the ability to apply to the Industrial Commission at any time for treatment from another physician. The Industrial Commission has the power to order the insurance company to send you to another physician. You will need to contact the Executive Secretary’s office with the Industrial Commission in order to do this.

Friday Feed #12: July 4th Edition

Hope everyone has a safe Independence Day!!!

Flag Cake Recipe
Ina from Barefoot Contessa shows you how to make a Patriotic cake.

The Ultimate Grilling Guide
Food Network has put a whole page together dedicated to the novice grillers all the way up to the expert Flame Masters.

The Clayton Police Department Offers Firework Safety Tips
Valuable tips for staying safe this weekend.

July 4th Events in the Triangle
Check out and see what is going on in and around Raleigh this weekend with WRAL Channel 5's handy guide. Fun times indeed.

11 Fantastic Fireworks Celebrations
From Washington, DC to Phoenix, AZ there are some amazing fireworks displays. Check 11 of them out here.

Creditors Taking Advantage of Loophole with Social Security Benefits and Bank Accounts

Federal law mandates that Social Security disability, veterans nor children's survivor benefits can be taken by creditors to pay a debt. With that being said, federal law does not mandate anything after the check has been directly deposited into a bank account. Seeing a loophole, some creditors have drafted garnishment orders on these people's benefits when their checks are directly deposited into their bank account.

Seeing a problem brewing, Washington has started taking action. The following is from an article in the Wall Street Journal penned by Ellen E. Schultz:

The Treasury and Social Security Administration, along with banking regulators, developed proposed regulations early this year that close the loophole. But the regulations are in limbo.

In separate letters in May to Treasury Secretary Timothy Geithner, members of the Senate Special Committee on Aging as well as House members including Barney Frank urged that the Treasury issue regulations to stop banks from freezing benefits and seizing fees.

In a recent hearing before being confirmed as the Treasury's assistant secretary for financial institutions, Michael Barr said one of his first priorities will be to issue "a joint regulation to solve the problem of account freezes and garnishment of exempt funds." Mr. Geithner wasn't immediately available for comment.

In the story mentioned above, two bank representatives explained how when a garnishment order comes down that the bank's hands are tied. If they do not execute the garnishment request, then they will be held in contempt. Stories like the one of a creditor garnishing funds from a children's survivor benefit account over the Easter holiday are becoming much too common.

Schultz also offers 4 tips to protecting yourself and your bank account:

Steps to protect your Social Security, disability, veteran's or pension benefits:
1. Don't commingle Social Security and exempt benefits with nonexempt funds.
2. Don't get a loan or credit card from the bank where your Social Security or pension is deposited.
3. If sued, go to court and demand proof of the debt.
4. If your bank account is frozen, file an exemption claim within 10 days

Most Common Auto Insurance Coverages with Explanation and Benefits

Bodily Injury Liability
If another person is injured because of your carelessness or the carelessness of someone driving your car, this coverage typically requires your insurance company to pay the claim. The company’s obligation is limited, however, to the amount of coverage you purchased. For example, if your liability amounts are the North Carolina minimum of $30,000 per person and $60,000 per accident, your company will pay no more than $30,000 to each injured person and no more than $60,000 total for any one accident. You will be personally responsible for any damages above the amount of your insurance coverage. You may see shorthand references to liability insurance limits as 30/60, 50/100, or 100/300.

Property-Damage Liability
This is similar to bodily injury liability except that it covers damage to another person’s property rather than physical injuries. The company’s obligation to pay also is limited to the amount of coverage you buy. The minimum limit for property damage coverage in North Carolina is $25,000. So shorthand references to liability and property damage coverage combined may be written as 30/60/25. Of course, $25,000 doesn’t come close to repairing a badly damaged new vehicle these days, so we always recommend that our clients purchase additional coverage. It’s surprisingly inexpensive to increase your liability coverage above the minimum required by law.

Comprehensive
This category of protection generally requires your insurance company to pay for damage to your car caused by something other than an auto accident (for example, fire, theft or vandalism). The company’s obligation to you will be limited by the amount of any “deductible” you may have purchased. A $100 deductible means that you pay the first $100; the company pays the rest.

Collision
Your insurance company pays for damage to your car caused by an auto accident. Deductibles also are common with this coverage.

Medical Payments Coverage
Your insurance company will pay the reasonable medical expenses of anyone in your car who is injured in an accident. Under this coverage, it does not matter who was at fault in the collision. You and most members of your household need not be in a car for this coverage to apply. For example, you also would be covered if struck by a car while you were a pedestrian. A portion of your lost earnings are also covered by this type of insurance. As with liability insurance, the company’s obligation is limited to the amount of coverage you buy. Medical Payments coverage is available in North Carolina in amounts of $500 and up to $100,000. This coverage is not mandatory.

Underinsured Motorist
If a driver injures you or your car’s occupants, and his or her liability insurance is insufficient to cover the full value of your claims for physical injuries, this coverage will pay your claims for physical injuries. It serves as a substitute for the bodily injury liability insurance that the other driver did not have. This coverage also is limited to the amount of insurance you buy. As with personal injury protection coverage, payment is not limited to automobile occupants.

Uninsured Motorist
If a driver injures you or your car’s occupants, and has no liability insurance to cover your claims for physical injuries, this coverage will take care of your claims. Again, your company’s obligation is limited to the amount of coverage you purchase. Like personal injury protection and underinsured-motorist coverage, it is not limited to automobile occupants.