5 More Questions Answered On Social Security Disability

Board Certified Social Security Law Specialist, Blair Biser takes on 5 questions concerning Social Security Disability.

1. So I’m not completely disabled. I’ve been declared 60% disabled by someone else. Can I get partial social security benefits?

No. With social security benefits, it’s all or nothing. You are either disabled or not disabled. However, if your condition keeps you from doing any past work or any other kind of full-time work, you are disabled by Social Security’s standards.

2. I was injured on the job and I’m getting Worker’s Compensation payments. Can I receive Social Security disability benefits too?

Yes, most likely, if you are approved for Disability Insurance benefits. However, your benefit amount may be reduced depending on how much you receive in Worker’s Compensation payments.

You will most likely not be able to receive Supplemental Security Income if you are receiving Worker’s Compensation payments. However, this depends on the amount you receive.

3. I’m receiving early retirement benefits from Social Security. Can I get disability benefits also?

Yes. If you apply for disability benefits before full retirement age, you may also receive disability benefits that will supplement your early retirement benefit.

4. My doctor says I’m disabled. So why haven’t I been approved?

According to Social Security, you have to meet their standards of disability. These standards for determining disability are much stricter than your doctor’s standards. In order to be declared disabled by social security, you must meet the following criteria:

1.You are not involved in any substantial gainful activity (In other words, you are not doing a job that earns you more than $860 per month in 2006)
2.You have a severe mental or physical impairment that has lasted or is expected to last at least 12 months
3.You are unable to perform any past work
4.You are unable to perform or to be trained to perform any other less demanding work

5. Can I work and receive disability benefits at the same time?

If you are a participant of the Ticket to Work program, you may train to work or work and receive disability benefits for a limited time. This incentive program encourages people to try to go back to work once they no longer have a disability. Eventually, once you are able to sustain yourself by working, your benefits will be discontinued.

You should not try to hide your work from Social Security if you are receiving disability payments. If Social Security discovers that you have been working, it may declare that it has overpaid you for the period that you have been working and require you to pay back the overpayment.

North Carolina House Bill 709 Committee Meeting In Pictures

On April 21st, the NC House Committee on Tort Reform met and discussed North Carolina House Bill 709. The meeting, which was held at the North Carolina Legislative Building in Downtown Raleigh, didn't go by quietly as many advocates for injured workers and injured workers themselves filled the room and even the halls outside of the room where the meeting was being held. Below are some pictures from last Thursday's meeting:
   

Hardison & Cochran attorneys, John Paul Godwin, Ben Cochran and Adam Bridwell.

Folks try to get a peek into the meeting room from outside.

Another shot of folks outside of the meeting room trying to get a look in.

A look inside the meeting room.

NC Chamber Expecting A Battle With Workers' Compensation Reform (NC House Bill 709)

The past few days we've been posting frequently on NC House Bill 709. The bill aims to reform the North Carolina workers' compensation act. Yesterday, News & Observer blog "Under the Dome", which is the "inside source on North Carolina politics and government", touched on the NC House Bill 709 with a little blurb. In a nutshell, the post states how the North Carolina Chamber is urging its members to start giving money to amp up for the workers' compensation reform battle. Below is an excerpt from a memo from the president of the North Carolina Chamber, Lew Ebert:

"Plaintiffs' lawyers and labor unions are already mounting a well-financed, coordinated attack on this [Chamber-supported] bill. They flooded the legislature ... to oppose the legislation even before it had been introduced!"

...more from Ebert in an e-mail to the members of the North Carolina Chamber.

"Our lobbyists are working around-the-clock and going toe-to-toe with our opposition — but it will take an organized, united business community to get this legislation passed!"

More Reader Feedback on NC House Bill 709 "Protect and Put NC Back to Work"

Yesterday we shared a comment on our blog from Kimberly about the NC House Bill 709. Today, we received more feedback from Belinda. Her comments below:

You need to realize how important workers' compensation benefits are to all NC residents and their families. None of us ever know when we will need them. They were created to protect the citizens from losing everything. Do you not know what the impact would be on any worker, if their workers' compensation benefits were reduced or stopped. I have been fortunate enough not to have gone through this situation, but my best friend and neighbor did. They lost their home based the long term reduction to their income and that was with the laws as they stand. How can you even consider making things worse for NC’s working families.

Please assure me that your vote on all such workers compensation reductions or caps will be a definite and resounding NO. Please protect NC workers and families from more devastation. Too many NC citizens have lost enough based on the government allowing businesses to lie and cheat the American public. Don't let their bottom line be yours. Please represent the people that voted you into office.

Thank you for your consideration in this matter. I await your response.

 THIS WAS SENT ON 3/23/11 TO MY NC SENATOR AND REPRESENTATIVE AND I HAVE YET TO RECEIVE ANY RESPONSE FROM ANYONE. MAKES YOU WONDER IF ANYONE IS ACTUALLY LISTENING.

Thank you, Belinda for taking the time to share how you feel.

The Raleigh Rescue Mission Needs Your Help

Below from Raleigh Rescue Mission's Official Website:

Loss of power due to last week's tornado cost us nearly all of our refrigerated food and did damage to our children's playground and storage shed, but praise God that main building is intact and that all clients and staff are safe. The tornado left Raleigh Rescue Mission without power until early Monday morning and as a result, all the food in our cooler spoiled. We are in need of some perishable items to help re-stock our cooler. Items most needed are: eggs, cheese, margarine, yogurt, mayonnaise, salad dressings (especially Ranch, Thousand Island and French), juices, sandwich meat and breakfast meats. Please bring all food donations to 314 E. Hargett Street.

The folks at Raleigh Rescue Mission are a great group. If you have the ability to donate, please keep them in mind.

One Reader's Thoughts on NC House Bill 709 "Protect and Put Back to Work"

Last week, we posted about the NC House Bill 709, short titled "Protect and Put NC Back to Work". The proposed bills aim is to reform the current North Carolina Workers' Compensation Act. In that post, we asked for some reader feedback on what you thought about the bill. Today, the response below came in from Kimberly:

Yes, I believe the people that get hurt on the job should get their compensation. It should also include pain and suffering. The workers are on the job doing their best to help your company and to provide quality service which you strive for, and when they get hurt "the company" don't want to pay the employee. That's not right. The employees have families to provide for just like the employer have families to provide for. If "WE" the employee didn't provide good customer service or do our job, "which is the reason why we got hurt in the first place" The employee and employer would be out of a jobs. Take care of your people, and your people will take care of you!

Sounds like Kimberly is passionate about this bill and passionate about workers' rights to fair compensation after an on the job injury. Thank you Kimberly for your time in giving us your thoughts about the NC House Bill 709. To see the official draft of the bill, please click here.  

* Photo courtesy of steakpinball via Flickr Creative Commons.

Helping With Tornado Recovery Across North Carolina

This past Saturday, tornadoes swept through North Carolina leaving a path of destruction in their wake. After the weather calmed down, the North Carolina people, as they always do, started looking for ways to help. Below you will find links to various pages where the need for help is listed. At Hardison & Cochran, our thoughts are with all those individuals and families who have suffered from this weekend's damaging storms and tornadoes.

ME3 Facebook Page
WRAL Channel 5 Facebook Page
Wake County Government
Groups, Red Cross Rally to Help Storm Victims - Raleigh News & Observer
Tornado aftermath: How to help - Hometown Hope Mills Blog
Residents work together to help tornado victims in Bladen Co. - WECT Channel 6
Samaritans Purse
City of Fayetteville, NC
City of Raleigh, NC

If you know of any additional volunteer efforts which are not listed, please contact us and we will place them on the list.

Hardison & Cochran Investigators See All, Lessons To Be Learned

On our main website, there is a line on the top right of the page that reads "Call Us 24/7, We Come to You." This means that our phones are answered 24 hours a day, seven days a week. The part that says we come to you means that when you call and we agree to take your case, we send out an investigator to come to where ever you may be in North Carolina to find out more about your situation and help you get signed up.

Over the years, our investigators have traveled a lot of miles across North Carolina. Big cities, small cities, large towns, small towns it doesn't matter we go to them all to get people the help they need. Along the way, our investigators get to meet all kinds of great people across North Carolina. This morning, Investigator Justin Fagge met a new kind friend on the back roads of Macon, North Carolina. The picture above pretty much says it all.

There is a lesson to be learned here. When driving, even on the back roads of the Tar Heel state, you must always stay alert as to what is coming next. Thankfully, the farm animal was on the side of the road and not in the road. In early November, we posted a blog about how North Carolina is a "high-risk" state when it comes to vehicles colliding with deer and other kinds of wildlife. So make sure if you're in an area where it looks like wildlife or farm animals may be present that even though the roads may look clear, you just don't know what is going to be over that next hill.

Scenes From the 2011 Pig in the Park BBQ Celebration in Goldsboro, North Carolina

Last week, on our Facebook page, we asked a question of our fans and anyone else who wanted to answer. That question was, "What is your favorite North Carolina BBQ: Eastern or Western?" The Eastern North Carolina BBQ won in a landslide, but we didn't ask this question randomly. We asked because days later we were visiting the annual Pig in the Park BBQ Celebration at the Old Waynesborough Historic Village in Goldsboro, North Carolina.

It was a little wet and a little overcast, but that didn't seem to put any kind of damper on the attendance or spirit of the event. The Old Waynesborough Historic Village served as a great site for the event. Horse rides, train rides, BBQ, face painting, kettle corn, funnel cakes...we can go on and on at the fun that was to be had, but only describing it and not seeing it in person just doesn't do this event justice. If you weren't able to get out this year for the celebration this year, make sure you mark it down for next year.

In addition to the great family fun, the event was held to benefit the Boys and Girls Clubs of Wayne County. From the official Wayne County Boys and Girls Clubs website:

The purpose of the Boys & Girls Clubs of Wayne County is to promote the social, educational, health, leadership, and character development of boys and girls during critical periods of their growth. Our youth come to the Boys & Girls Clubs to receive tutoring/homework help, computer training, sports education, to make friends and for mentoring. Our youth gain confidence by developing a sense of usefulness and belonging.

Great things all around going on at The Pig in the Park BBQ Celebration. We had an awesome time and thank everyone who stopped by our booth at the event. Below are some pictures of our day. As always you can check out all the pictures on our Facebook Page.



Friday Feed #75: Baseball

It has been some time since we've done the Friday Feed. It has been just a little over a month to be exact, but don't worry, we're bringing it back in the month of April. The first of April traditionally begins the baseball season, so why not have baseball as our first topic as we start back up the Friday Feed? Let's go around the horn:

Baseball Quiz
So you're a huge baseball fan. You know the stats. You know the stars. Well, put your knowledge to the test by checking out the baseball quiz site that separates the wheat from the chaff when it comes to knowing which Major League pitcher threw the most strikeouts in the 1950s. Here's a free on for you. It was Early Wynn.

Baseball Reference
You're watching a game and get in an argument with a friend as to how many hits Tony Gwynn had in his career. The easy solution is to look it up on Baseball Reference, AKA The Baseball Brain. To answer the argument, he ended his long, Hall of Fame career with 3,141 hits.

North Carolina Minor League Baseball
Minor League Baseball games are great family affairs. Check out some teams in North Carolina this year. Just click on the team nearest you to check out their website and schedule:
Asheville Tourists
Burlington Royals
Carolina Mudcats
Charlotte Knights
Durham Bulls
Greensboro Grasshoppers
Hickory Crawdads
Kannapolis Intimidators
Kinston Indians
Winston-Salem Dash

The United Countries of Baseball
Check out what Major League team people root for by their geography.

How is a baseball bat made? I'm glad you asked.

NC House Bill 709 "Protect and Put NC Back to Work" Bill Filed in North Carolina House

Yesterday, NC House Bill 709 (Protect and Put NC Back to Work) was filed in the North Carolina House. The bill aims to reform the current North Carolina Workers' Compensation Act to:

1. Define "Suitable Employment" pertaining to an employers return to work within restrictions or after reaching maximum improvement.

2. Make willful misrepresentations grounds for disqualifications from receiving benefits.

3. Provide that parties may reach a separate contemporaneous agreement to resolve issues not covered the act.

4. Clarify the rights and responsibilities of employers and employees regarding medical information

5. Cap the duration of compensation for temporary total disability

6. Extend from three hundred to five hundred the number of weeks and injured employee is eligible to receive compensation for partial incapacity

7. Increase the death benefit and burial expense allowance

8. Reduce the Industrial Commission from seven to five members subject to legislative confirmation

9. Provide Commissioners and Deputy Commissioners are subject to the code of judicial standards

10. Repeal the Commission's full exemption from the Administrative Procedure Act, thereby subjecting the commission to rule making pursuant to article 2A of chapter 150B of the general statutes and requiring the commission to readopt rules pursuant to that article.

To take a look at the full wording on this proposed bill, please see the PDF version of the official filed bill.

If you would like to contact your representative to let them know what you think of the proposed bill, you can find who represents you on the North Carolina General Assembly website.

* Photo courtesy of steakpinball via Flickr Creative Commons.

Boldly Go To www.socialsecurity.gov

Television icons, George Takei, of the hit TV Show Star Trek and Patty Duke, of the Patty Duke Show, have teamed up to get the word out about the benefits of the Social Security Administration's website. Last year, two million people took advantage of the application process online for retirement and disability benefits. In May of 2009, we posted a long list of websites that will help you in your quest for Social Security disability benefits. The official press release from the Social Security Administration follows:

Entertainment icons George Takei and Patty Duke have teamed up to tell Americans to Boldly Go to www.socialsecurity.gov to apply for retirement, disability, Medicare, and so much more. The two celebrities are joining forces in a new campaign to help the Social Security Administration promote its online services as an easy and secure way for people to do business with the agency.


“Social Security has a great website and the top-rated online services in the U.S.,” said Michael J. Astrue, Commissioner of Social Security. “We now have a fun new way to get the word out. Having George join forces with Patty will help us reach the millions of people who can take advantage of this convenient way of doing business with Social Security. Boldly Go to www.socialsecurity.gov to plan for your retirement and to apply online so that you too may live long and prosper.”

“Won’t filing for Social Security benefits online be confusing?” George asks Patty in one of eight new commercials. “It’s simple and easy,” Patty assures George. “It’s so easy, even Kirk could do it.”

Those ready to retire, apply for disability benefits, or delay retirement and apply only for Medicare, can do so from the comfort of their home or from any computer. Two million people took advantage of Social Security’s convenient online benefit applications last year. People already receiving Social Security benefits can go online to let Social Security know about a change of address or phone number, start or change direct deposit, get a proof of income letter, or replace a lost Medicare card.

Social Security’s website “is for everyone,” Patty tells George in another spot. Workers can get an online estimate of their future retirement benefits and use Social Security’s planners to plan for a secure retirement. In addition, Patty says, “Young people can help their grandparents with retiring online or getting extra help with their Medicare prescription drug costs.” To which George concludes, “Everyone, of all ages, should go to www.socialsecurity.gov.”

Social Security’s online services not only provide a convenient option for the public, they are a lifeline for the agency in a time of fast growing workloads as baby boomers begin retiring in record numbers and millions more need Social Security’s services due to the economic downturn.

To learn more about Social Security’s online services and to view the new George Takei and Patty Duke public service announcements, Boldly Go to www.socialsecurity.gov. Like George, you may find yourself saying, “Oh my!”

Hardison & Cochran's Awesome Clients

Our clients are awesome. We know this. We speak to them each and everyday and enjoy learning about their lives. They are a dynamic and diverse group of people who come from many different backgrounds. With that being said, today a client came into our office and blew us away. Pauline (pictured to the right) dropped in our Raleigh office with a surprise. On this rainy and windy Tuesday morning, she came in with some flowers for her Case Manager Pam Dowdy. When asked about her gracious giving, Pauline said, "Pam has been my best friend for the past two years. It's the least I could do."

From everyone at Hardison & Cochran, thank you Pauline! You made our day!