Harrell and Harrell's Personal Injury law blog » Workers’ Compensation

Social Networking investigation

admin — Wed, 17 Feb 2010 16:30:39 +0000

More and more people are getting caught up in the social networking phenomenon that is spreading across the globe. Even businesses like ours are taking advantage of the popular networking sites.

Guess who else is taking advantage of these tools – the insurance companies. They typically look for anything and everything they can use to defend against a personal injury claim. Throw it up on the wall and see what sticks seems to be a popular theme. Don’t throw up on the wall for them. The police are also using social networking as a powerful investigative tool.

Whether it be for my own personal networking or for Harrell & Harrell, PA, I keep the same idea in mind which is – nothing on the internet is private so I ensure my posts and other communications are appropriate and that I am willing to have it seen by anyone who might come looking for it. You should consider that same idea. Another thing to consider is the fact that the rules can and do change frequently. What you may think is private or by invitation only may soon be available to the general public. Think twice before you post that next picture or update your status – someone other than your mother may be watching!

Check us out on Twitter – JaxPI

www.harrellandharrell.com

Workers’ Compensation Report

admin — Tue, 12 Jan 2010 19:07:33 +0000

I haven’t read through the report yet but I thought I would share the link to the media release from the Florida Insurance Commissioner’s website. The release has a link to a PDF version of the annual report.

Call Harrell & Harrell, PA with your questions about workers’ compensation benefits and on-the-job injuries.

Don’t settle for less than you deserve!

Social Security decisions – what are they looking for?

admin — Fri, 08 Jan 2010 16:19:07 +0000

In an earlier blog entry, we discussed, in general terms, how Social Security’s decision makers evaluate a claim for disability and therefore how claimant’s should look at their claims as well. The question then becomes, what evidence do I need to prove my claim and to prove what I am saying is true and/or credible. The allegations of disability need to be in line with the medical evidence.

Social Security divides evidence into two categories: “acceptable medical sources” ; and “other sources” , which include medical sources that are not “acceptable medical sources.”

Under Social Security regulations, “acceptable medical sources” are:

Licensed physicians (medical or osteopathic doctors);
Licensed or certified psychologists;
Licensed optometrists;
Licensed podiatrist; and
Qualified speech-language pathologists.

Under Social Security regulations, “other sources” include:

Medical sources who are not “acceptable medical sources, ” such as nurse practitioners, physician assistants, licensed clinical social workers, naturopaths, chiropractors, audiologists, and therapists;
Educational personnel, such as school teachers, counselors, daycare workers;
Public and private social welfare agency personnel, rehabilitation counselors; and
Spouses, parents and other caregivers, siblings, other relatives, friends, neighbors, clergy, employers.

The distinction to be made here is that only “acceptable medical sources” can establish the existence of an impairment; only “acceptable medical sources” can give medical opinions; and only “acceptable medical sources” can be considered treating sources, whose medical opinions would be entitled to controlling weight or a certain level of deference. In other words, “acceptable medical sources” is what Social Security hangs it’s hat on in approving a claim. Social security would not approve a claim, for example, based solely on a claimant’s testimony and evidence from non “acceptable medical source” such as a chiropractor. However, evidence from “other sources” is still important to paint an entire picture when used in conjunction with “acceptable medical sources.”

Call one of our Social Security attorneys with any questions you may have. We are glad to answer your questions or set up a convenient free consultation at one of our Jacksonville offices.

Full coverage auto insurance

admin — Tue, 05 Jan 2010 19:51:37 +0000

I can’t count the number of times a potential client has called and told me they had full coverage for car insurance only to find out they had the bare bones State of Florida required coverage PIP & PD or as most people say PIP and liability. They just have no idea what that means in reality and are shocked when they learn what it does or doesn’t do.

Sadly, most people don’t learn anything about their auto insurance until AFTER they have been injured in a car accident and they call an attorney.

Don’t wait until it’s too late to learn what you have or worse yet – DON’T have on your auto insurance policy. Call Harrell and Harrell for your free consultation or submit your questions through our website at www.harrellandharrell.com

We would be glad to explain what your insurance company or agent has never taken the time to explain or you have just never bothered listening to the details. Some insurance quotes are cheaper for a reason – less valuable coverage!

Don’t settle for less than you deserve!

Big traffic accident

admin — Tue, 22 Dec 2009 14:43:30 +0000

Two semi trucks collided while travelling south on Interstate 95 this morning leaving one of the drivers dead. The truck accident happened just south of the St John’s County / Flagler County line. Traffic is a mess on 95 and on US 1 near 95. Only reason I know about the traffic is that my wife is stuck in it trying to get down to Orlando.

Our thoughts and prayers are with the truck driver and his/her family. Just a reminder of how quickly our lives can change. Please be careful on the roads as everyone starts to travel to family and friends for the holidays.

www.harrellandharrell.com

Disability claims rise dramatically

admin — Thu, 17 Dec 2009 17:07:25 +0000

Kudos to Mark Papa, a social security attorney who works for Harrell & Harrell in our Mandarin/Southside office, for feeding me with great blog information regarding the SSA and your Social Security benefits.

The article by Senior Editor Jason White at msnbc.com sums it up very nicely. Aging baby boomers and the struggling economy are driving up Social Security claims to staggering levels. According to Jason’s statistics he quotes from the SSA, new claims for disability benefits rose nearly 17 percent in fiscal year 2009 and disability filings are projected to rise another 10 percent in fiscal 2010. Add that to the already 12 million Americans who receive disability benefits at a total cost of $161 billion in fiscal 2009.

Wow!

Read the article because Jason sums it up better than I ever could and then call Mark Papa at (904)251-1111 to schedule your free consultation. If you are outside of the Jacksonville area, feel free to use our toll free number or submit your information on our “Do I Have a Case” form.

www.harrellandharrell.com

Are you disabled?

admin — Mon, 14 Dec 2009 18:53:57 +0000

Here’s some input by one of our experienced social security attorneys, Mark Papa.

I’m often asked whether one can be approved for disability if they have (insert the name of the condition or diagnosis). The answer is always “maybe”.

Social Security has deemed some conditions so severe that a person with that particular condition or has a condition that “equals” that condition, would automatically be found disabled. These “automatically disabling” conditions are referred to as “The Listings”. For example, in order for a person with diabetes mellitus to meet a listing he or she must show diabetes mellitus with “neuropathy demonstrated by signficant and persistent disorganization of motor function in two extremities resulting in sustained disturbance of gross and dextrous movements, or gait and station” or “acidosis occurring at least on the average of once every 2 months documented by appropriate chemical tests” or “retinitis proliferans” evaluated under the listings for visual impairment.

Social Security, by design, makes it very difficult to meet a listing. For most, the severity of a particular condition will not meet a listing and he or she must be able to prove disability by other means. This will involve having to show what a person can still do or what that person cannot do given his or her condition. It’s not the diagnosis that is important, but the effect that condition has on that person. Stating that you have diabetes (or whatever other condition) does not tell us much. Presumably, there is a person out there who is able to work despite having the same diagnosis. So the question is, what makes you different? Is it as severe as the listing or something less?

Assuming your condition does not meet or equal a listing and in thinking about how to prove your claim, think in terms of what your condition allows or prevents you from doing: How long can I sit, stand, and walk at one time? How long can I sit, stand, and walk over the course of an eight hour work day? How much can I lift and carry? Will my condition allow me to work on a regular and consistent basis? Or will I be missing work frequently? Is my concentration and focus affected? etc.

I’m of the opinion that most conditions, if not all, are potentially disabling. If you have been denied Social Security benefits. . . . call us . . .

www.harrellandharrell.com

Product Recall – potential amputation hazard

admin — Fri, 11 Dec 2009 19:32:12 +0000

Amputation hazards always catch my attention, too. I just wanted to quickly share this recall information from the Consumer Product Safety Commission (CPSC) that was issued yesterday.

Wintertime is a good time to do the heavy duty yard work because the grass isn’t growing a foot a week like it did here in Jacksonville this summer. Plus it’s nowhere near as hot and humid. Do you have a dead tree in the yard? Have you been wanting to pull out the old chain saw and bring that tree to the ground before it lands on you, your house or the neighbor’s house? Have you ever considered buying or renting a log splitter? As with any piece of power equipment, extra precaution and forethought is always a good idea when everything is working right. What happens when it breaks or has a hidden design defect?

Recalled product

This particular log splitter has a potential defect that could cause amputation of a finger, limb or even death.

Contact one of the experienced trial attorneys at Harrell and Harrell if you were injured by a faulty product or even if you just have questions.

Be safe and enjoy the holidays!

www.harrellandharrell.com

Expecting an increase In Social Security benefits?

admin — Wed, 02 Dec 2009 14:47:53 +0000

As the saying goes….maybe next year!

Announced in the end of October, there will be no cost-of-living adjustment (COLA) this year for Social Security Disability recipients or Supplemental Security Income recipients. This was announced in the Federal Register at 74 Fed. Reg. 55614.

There was a 5.8% COLA from 2008 to 2009, the largest increase since 1982. The COLA is determined by comparing the change in the Consumer Price Index (CPI-W) from the third quarter of 2008 to the third quarter of 2009. There was no increase in CPI-W. Therefore, SSD and SSI benefits will not change for 2010.

If you have any questions about Social Security benefits you already receive or you just want to know how to apply for disability, please contact us. Our experienced, courteous and knowledgeable team of lawyers and their staff will be glad to assist you.

Injuries on the job

admin — Thu, 12 Nov 2009 19:29:06 +0000

Whether injured by a co-worker or a liable third-party, the effects can be devastating and your right and responsibilites vary greatly. Avoid being the victim of another mistake by contacting us to discuss your legal options.

As the economy worsens and employers attempt to raise production with less manpower, corners will be cut and seemingly innocent oversights will occur resulting in more dangerous work sites and conditions. Don’t become the innocent injured victim. Stay aware of your surroundings and make sure to voice your concerns to the appropriate people so catastrophic personal injury can be avoided.

The National Safety Council published some of the most common safety violations so far in 2009. Scaffolding remains the most problematic area. Whether you are working on the most basic makeshift scaffolds to high-end commercially produced products – safety awareness should be job one. A good discussion of this data can be found at “The Safety Blog“.

If you, your loved one, family member or co-worker find yourself injured on the job due to just plain dumb luck or the carelessness of another – call Harrell & Harrell to arrange for a free consultation or just visit our website and submit a “Do I Have A Case” form. Either way someone will address your concerns so you can just focus on getting better.