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To prepare for two oral arguments I'm doing the week after next, I'm taking a bit of a rest from blogging. I'll be back on Sept. 25! Posted on September 11, 2008 at 03:00 pm

Up on SSRN: Carrie Griffin Basas, Back Rooms, Board Rooms -- Reasonable Accommodation and Resistance Under the ADA, 29 Berkeley J. Emp. & Lab. L. 59 (2008). The abstract: Reasonable accommodations under the Americans with Disabilities Act (ADA) are at the center of the integration of people with disabilities into mainstream work environments. Responses on the part of employers, however, have couched many feasible accommodations as excessive, burdensome, and costly. Employers resist hiring... Posted on August 28, 2008 at 01:58 pm

Dan Goldstein passes along this press release: Baltimore, Maryland (August 27, 2008): The National Federation of the Blind (NFB) and Target (NYSE: TGT) announced today that they have settled a class action lawsuit regarding access to the Target.com Web site by blind people. Dr. Marc Maurer, President of the National Federation of the Blind, said: "Access to Web sites is critical to the full and equal participation of blind people in all aspects of modern life. The National Federation of the... Posted on August 28, 2008 at 01:52 pm

The following scenario and question was left as a comment on another post. Here is the comment reposted, along with the response to the questions asked."I filed for disability in November of 2008, hired an attorney and began to wait, and wait,...and wait. I had pretty much concluded that I wasn't going to be awarded. So, in an effort to keep from losing my home, in August I took a job at least " Posted on November 19, 2009 at 10:48 pm by Disability Blogger

Breast cancer is caused by cells in the breast growing abnormally and quickly, forming a tumor. The two main forms of breast cancer are ductal carcinoma, which begins in the mild ducts of the breast, and lobular carcinoma, which originates in the milk-producing glands. While these are the two main types, breast cancer can originate in other parts of the breast as well, though less commonly. The Posted on November 18, 2009 at 01:18 pm by Disability Blogger

I have a friend who was recently diagnosed with breast cancer. She found evidence of her condition on self-exam. Around the time this had happened, of course, there were news stories out there in the media advising women that self-exams might not be so necessary (my friend would disagree) and also that mammography for breast cancer might need to be done less frequently. Frankly, these stories Posted on November 17, 2009 at 12:39 am by Disability Blogger

If you have a long-standing history with your doctor, it is often a good idea to speak with your doctor early on during the Social Security disability application process. Here are some things you should discuss: Let your doctor know that you are applying for Social Security disability benefits. Ask your doctor if he or she feels that you are disabled? Does your doctor think you would be able to do some type of full-time work? Is the doctor willing to write a statement to Social Security, or... Posted on November 10, 2009 at 05:00 am by Tomasz Stasiuk

Social Security may approve Supplemental Security Income (SSI) benefits to children with a low birth weight (regardless or whether the child is premature). According to the Social Security regulations, these cases are often reviewed by the child's first birthday. When we will conduct a continuing disability review. &#xe2€&#xa6 we will start a continuing disability review &#xe2€&#xa6 By your first birthday, if you are a child whose low birth weight was a contributing factor material to our determination that... Posted on November 6, 2009 at 05:00 am by Tomasz Stasiuk

Under Social Security regulations low birth weight babies may qualify for Social Security disability (Supplemental Security Income - SSI) benefits. It is important to note that Social Security does not specifically consider whether the child is premature or not. Social Security considers the birth weight of the child: "Low birth weight" is defined as a birth weight under 1,200 grams (2 pounds 10 ounces) or under 2,000 grams and small for gestational age. Social Security does provide SSI... Posted on November 3, 2009 at 05:00 am by Tomasz Stasiuk

This scathing opinion piece in the New York Times really rips into the Equal Employment Opportunity Commission after a report by an arbitrator finding the agency to be in violations of the laws it is supposed to be enforcing. Here is the short editorial: It sounds like a grim sweatshop joke, but the federal agency that's supposed to enforce justice in the American workplace has been found in willful violation of its own workers' rights. The Equal Employment Opportunity Commission has been... Posted on April 4, 2009 at 05:34 am by Bob Kraft

McClatchy reports that information used by some insurers who deny coverage due to the use of certain drugs like Seroquel and pre-existing conditions may be found on the internet "if you know where to look." Also, "you can discover that if you lie to an insurer about your medical history and drug use, you will be rejected because data-mining companies sell information to insurers about your health, including detailed usage of prescription drugs." Now, "these issues are moving to the forefront as... Posted on April 3, 2009 at 01:06 pm by Bob Kraft

Stunning collection of architectural and structural optical illusions. Posted on April 3, 2009 at 04:02 am by Bob Kraft

Statute of limitations. The Third Circuit has held that the two-year statute of limitations for an IDEA claim also applies to a claim brought under section 504 of the Rehabilitation Act rather than applying an analogous state statute of limiations. The Court's decision was based on its conclusion that IDEA and section 504 do similar statutory work. The Court noted that this was an issue of first impression. The decision in P.P. v. West Chester Area School District can be found here. Posted on November 18, 2009 at 09:07 am by Sandy

The Second Circuit, in T.Y. v. New York City Department of Education, has held that the failure of an IEP to name a specific school as the placement for a child does not render the IEP procedurally deficient. While the statute, 29 U.S.C. 1414(d)(1)(A) requires that an IEP provide a location, the Court noted that the United States Department of Education had concluded that "[t]he location of services in the context of an IEP generally refers t the type of environment that is the appropriate... Posted on October 12, 2009 at 08:32 am by Sandy

Milwaukee is appealing from an order requiring it to come up with a plan for compensating students who had been denied FAPE during the years 2000-2003. The City claims that the order is overly broad. For more information, read the article located here. Posted on July 10, 2009 at 08:48 am by Sandy

From the Associated Press: A Canadian woman on long-term sick leave for depression says she lost her benefits because her insurance agent found photos of her on Facebook in which she appeared to be having fun. Nathalie Blanchard has been on leave from her job at IBM in Bromont, Quebec, for the last year. The Canadian Broadcasting Corp. reported Saturday she was diagnosed with major depression and was receiving monthly sick-leave benefits from insurance giant Manulife. But the payments dried up... Posted on November 22, 2009 at 09:05 pm by Sheri Abrams

The annual observance of the International Day of Persons with Disabilities will take place this year on December 3, 2009. This day aims to promote an understanding of disability issues, the rights of persons with disabilities, and the gains to be derived from the integration of persons with disabilities in every aspect of the political, social, economic, and cultural life of their communities. This Day, which was established by the World Programme of Action Concerning Disabled Persons, adopted... Posted on November 21, 2009 at 07:57 pm by Sheri Abrams

Generally, Social Security only assigns one number to an individual. They use that number to record an individual's earnings so that they can determine future benefits and, eventually, to track benefits paid. Only under the following circumstances can Social Security assign a different number: &#xe2€&#xa2Sequential numbers assigned to members of the same family are causing problems; &#xe2€&#xa2More than one person has been assigned, or is using, the same number; &#xe2€&#xa2An individual has religious or cultural... Posted on November 21, 2009 at 07:40 pm by Sheri Abrams

The ideal client is understanding, and does not have unreasonable expectations about the outcome of the case, or the time it takes to get there. The ideal client can see both sides of an argument (just as his/her attorney should), and therefore understands the strengths and weaknesses of the case. The ideal client understands that his/her lawyer does not control every aspect of the case, only certain aspects. The ideal client understands the dual role of the trial attorney as advisor and... Posted on November 20, 2009 at 11:49 pm by Anthony Castelli

Three Mistake Social Security Disability victims Make by Anthony Castelli Cincinnati Attorney Social Security disability applicants should watch this video because it will tell you how to avoid three critical mistakes that could turn your case from a loser to a winner. These mistakes are easy to make. But thet are easy to avoid with just a little bit of knowledge. By Cincinnati social security disability attorney Call tony today at 621-2345 because he is happy to help you Posted on October 16, 2009 at 01:46 pm by Anthony Castelli

Cincinnati Social Security Disability Attorney Living with a physical or mental disability is not easy. Its a living hell when you have to live with a serious disability especially those that cause unrelenting pain. Its even more difficult when you can no longer function to support your family. The federal government has two programs to pay disability compensation, in order ease the situation for you and your family. 1. Social Security Disability Insurance, and 2. Supplemental Security Income .... Posted on October 2, 2009 at 09:09 am by Anthony Castelli

/**/ Let's say for the sake of argument that we decided to get into the car wax business. Let us further say that we spent millions of dollars on an advertising campaign in which we claimed that not only would our wax make your car extremely shiny, but would also make it run better. If we ran ads making this claim in newspapers, on television, the radio and the internet, we would be in serious trouble, regardless of the accuracy of our claims about the ability of our wax to make cars shine. The... Posted on November 20, 2009 at 06:41 am

/**/ There are two major principles at work in any medical facility. The first is the Hippocratic Oath, which is basically an affirmation of what practicing medicine is supposed to be about. It includes statements like: I will apply, for the benefit of the sick, all measures [that] are required, avoiding those twin traps of overtreatment and therapeutic nihilism. I will remember that I do not treat a fever chart, a cancerous growth, but a sick human being, whose illness may affect the person's... Posted on November 17, 2009 at 01:14 pm

Doctors and nurses do not have x-ray vision. They can't tell exactly what is wrong with you simply by looking. What they do have at their disposal is the next best thing: actual X-ray machines, MRI's, CAT-scans, and years of intensive training, during which they are taught to recognize telltale symptoms of illnesses and conditions in their patients. But none of these will do a patient any good whatsoever if the doctor can't be bothered to getting around to seeing them. Death or permanent injury... Posted on November 13, 2009 at 06:20 am

As experienced disability attorneys, we at Frankel & Newfield have seen the worst from third party administrators, claim adjusters, doctors for hire and investigators. But a recent article in a leading insurance industry publication featured a subtitle that even we found infuriating. "As bankruptcies soar, some claimants eye insurers for their personal bailouts." No individual we know would choose to suffer from a chronic illness or injury that prevents them from leading a fulfilling life,... Posted on November 18, 2009 at 09:45 am by Frankel & Newfield

Frankel & Newfield applauds Good Morning America as one of the few news outlets reporting on the outrageous actions of disability insurance companies. Earlier this year, GMA reported on a Florida man with Multiple Sclerosis who was told he wasn't sick enough to collect disability benefits. The same team has revealed a case where The Hartford is trying to cut off payments to a man whose broken neck makes it impossible for him to work. Three doctors and the Social Security Administration have... Posted on November 13, 2009 at 08:34 am by Frankel & Newfield

A helpful forum where policyholders and disability insurance sources meet online is www.disabilityinsuranceforums.com. We are not affiliated with the forum, but we do occasionally participate in the discussions. One common thread that we see is surprise at the callous attitude and uncaring responses of disability insurance companies and their representatives. We have been fighting insurance companies for so long that we don't expect the insurance companies to be kind or respectful to... Posted on November 10, 2009 at 01:11 pm by Frankel & Newfield

My new motto is to file early and often. It can be detrimental to wait and file for Social Security disability benefits. Perhaps I am being silly by saying "early and often, " but the point is to file as soon as you can. I recently saw someone at my law office with a [...] Posted on November 18, 2009 at 12:31 am by Geri Kahn

As reported on the NOSSCR (National Organization of Social Security Claimants' Representatives) website, "a federal judge in the northern California district has ruled that SSA violated Section 504 of the Rehabilitation Act, and its implementing regulations, by failing to provide "meaningful access" for SSA programs to all blind and visually impaired individuals. American Council of [...] Posted on November 7, 2009 at 12:15 am by Geri Kahn

As those of you already on SSI already know, your SSI monthly amount was reduced in October 2009. The California state legislature has made a series of budget cuts to the state supplement over the past year: January 2009, the maximum grant was $907 for a single person and $1579 for couples; May 2009, the maximum grant [...] Posted on October 30, 2009 at 11:10 pm by Geri Kahn

Many Indiana residents attempting to receiveSocial Security disability benefits are confused about what the Social Security Administration (SSA) calls a "durational requirement". A durational requirement refers to a time qualification that must be met in order to receive Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. A claimant's disability must be expected to result in death or be expected to last twelve consecutive months or longer to qualify for... Posted on November 12, 2009 at 11:27 am by Scott Lewis

When Indiana residents are attempting to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, they may find themselves questioned about their Activities of Daily Living or otherwise known as ADL. ADL are the things most people perform in the course of a regular day. This may include personal hygiene, making meals, grocery shopping, and household chores such as doing the dishes, cleaning your home, and doing laundry. Why does Social Security care... Posted on November 10, 2009 at 11:34 am by Scott Lewis

Are you an Indiana resident filing a claim for Social Security disability? Are you seeing a medical doctor regarding your disability? Is your treating physician a nurse practitioner? It's not uncommon for claimants to schedule their medical appointments with the medical office nurse practitioner rather than the doctor. This may affect whether or not you will receive a favorable ruling on your disability claim. When the Social Security Administration (SSA) evaluates a claim, they will review the... Posted on November 3, 2009 at 09:18 am by Scott Lewis

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The Federal Hate Crimes Bill has been revised and signed into law. Among important changes to the law is that crimes that are related to a person's disability can be considered hate crimes. It will be interested to see if this new law will act as deterrent to repeated acts of bullying, harassment and violence directed at individuals with disabilities. Given the the recent round of staff on student violence that has been reported in the press, this law is very timely. Posted on October 29, 2009 at 10:42 pm by Charles Fox

Arne Duncan's, former head of Chicago Public Schools and now U.S. Secretary of Education, strategy in Chicago was to move children out of underperforming schools to other schools. The only problem is that the "other schools" were also underperfoming. No surprise that this variant on NCLB of moving children around has not been effective for students. It did however make for good press allowing Mr. Duncan to become Secretary of Education Duncan. I am a President Obama supporter on most issues,... Posted on October 28, 2009 at 09:24 am by Charles Fox

When you are in a wheelchair (which I experience vicariously through my son everyday) a cracked sidewalk is a major obstacle. On more than one occasion, especially in urban areas, we have been forced into the street to make our way to doctor's appointments, restaurants any other places in the community. Lack of funds for maintenance, especially in hard economic times, has created enormous access issues on public sidewalks. Well I am happy to report that in Texas and other places around the... Posted on October 28, 2009 at 12:00 am by Charles Fox

Why does someone apply for Social Security Disability Benefits? There's only one reason to apply for disability. And the reason is...that an individual is limited enough by their condition, or various conditions (mental, physical, or both), to the extent that they can no longer work, either at one of their past jobs, or at any other form of work deemed suitable by the social security administration (based on a claimant's age, work skills, past work requirements, current level of restrictions,... Posted on September 26, 2009 at 02:20 am by MN Disability and Atkinson Law Offices

My clients are often surprised to hear that they are not eligible to begin receiving their social security cash benefits until approximately 6 months AFTER they are determined to be disabled. If I'm found disabled why is there any reason to make me wait, they often ask. I am at a lost to answer this question as are those who have been representing claimants for decades. After an individual is approved for Disability Insurance Benefits under Title II of the Social Security Act, they encounter... Posted on May 6, 2009 at 12:56 pm by MN Disability and Atkinson Law Offices

The condition known as de Quervain's tendonitis, or tenosynovitis, results from the tendons at the base of the thumb becoming irritated or inflamed. When the tendon gets inflamed, the tunnel that surrounds it swells, and it becomes painful to move the thumb or wrist. Those who suffer from de Quervain's tendonitis feel pain when they hold things or try to form a fist. Causes of De Quervain's Tendonitis Formally known as first dorsal tendonitis, de Quervain's tendonitis is caused when the tendons... Posted on April 18, 2009 at 03:54 am by MN Disability and Atkinson Law Offices

Do you ever worry that Social Security benefits will not be available by the time you are ready to retire? We have all heard the stories, now take a look at this article.This blog is not intended as legal advice, nor an offer of legal representation. We encourage honest communication regarding Social Security Disability. Please contact an attorney for legal advice specific to your situation. Posted on September 18, 2009 at 01:08 pm by SC Divorce and Disabilty

If your claim for Social Security Disability benefits is denied, you can appeal and request a hearing. This is good news because most claims, in my opinion, if approved are done so at the hearing. The bad news is that there is such a backlog of disputed disability claims, some people wait years for a hearing. According to a recent blog, "the Associated Press, the number of Americans receiving Social Security disability has doubled since 1990 to 7.4 million while the number of workers processing... Posted on August 26, 2009 at 10:39 pm by SC Divorce and Disabilty

The Social Security Administration provides regular statements which estimate the amounts that individuals should receive for Social Security Retirement, Disability, Dependents, etc. If you need to get a copy of your most recent statement, click here.This blog is not intended as legal advice, nor an offer of legal representation. We encourage honest communication regarding Social Security Disability. Please contact an attorney for legal advice specific to your situation. Posted on July 26, 2009 at 02:39 am by SC Divorce and Disabilty

Three recent New Jersey District Court Decisions threaten to undo years of progress in the growing body of law pertaining to long term disability cases in New Jersey. In the aftermath of MetLife v. Glenn, 128 S.Ct. 2343 (2008), we expected that more, not less judicial scrutiny of the acts of claims administrators would occur. The closer the courts inspect the procedures utilized to decide disability claims, the better chance our disabled clients have for a full and fair review of their claim.... Posted on September 13, 2009 at 09:53 am by Bonny Rafel

In this New Jersey disability claim based on a back condition including disc herniations, the Court affirmed the District Court's opinion and outlines some important pointers to keep in mind when proving in an ERISA case that the insurer's procedural irregularities require the denial to be overturned. The Court faulted Liberty who was acting under a conflict of interest {pursuant to Glenn v. MetLife} for its "decisions that disfavored the employee at each crossroads and reliance on experts who... Posted on August 5, 2009 at 04:39 pm by Bonny Rafel

The New Jersey Supreme Court recently issued a disappointing decision in Shore Orthopedic Group, LLC v. The Equitable Life Assurance Society of the United States, 972 A. 2d 381 (NJ 2009) with regard to the payment of counsel fees in insurance disputes. Shore Orthopedic had purchased a disability policy to cover some of the expenses of the practice, if their associate orthopedist became disabled. When the time came to pay on the policy, Equitable denied coverage, claiming the disabled doctor had... Posted on August 5, 2009 at 02:04 pm by Bonny Rafel

A federal magistrate in a California disability case has ruled that lawyers can seek evidence, as part of the discovery process, as to a group disability insurer's potential conflict of interest. The magistrate agreed with the view that the US Supreme Court's decision in Glenn v. Metlife last year permits inquiry into a potential history of bias and whether an insurer has taken steps to wall off claims personnel from insurer's financial personnel. Evan Schwartz and Michail Hack of Quadrino... Posted on May 28, 2009 at 07:59 am by admin

Many claimants have heard or read about the scenario: your disability insurer calls you on the phone, sends out a field agent, or sends a letter proposing a lump sum payment to "buy out" either the future of your disability claim, a disputed portion of unpaid past benefits, or both. In many instances a buy out can be a desirable outcome, but the claimant needs to understand the ramifications, have confidence that the proposed deal makes sense, and that it is the best deal available. Using... Posted on December 23, 2008 at 08:53 am by admin

A federal appeals court has upheld a bad faith verdict and substantial awards to a disabled man victimized by UnumProvident Corporation and its subsidiary Provident Accident and life. Although portions of the damages awards had been reduced by the trial judge after the trial, the substantial sums of $3 million for punitive damages and $1.2 million for emotional distress and other harm were upheld and must now be paid by Unum to Bruce Leavey , the disabled claimant. In early 2001 Leavey filed... Posted on December 23, 2008 at 08:52 am by admin

Back in 1993, the Arkansas Legislature rewrote the law to say that an injured worker is eligible for workers' comp benefits only if the injury happened while she was "performing employment services." The intent at that time was to help employers avoid paying for injuries sustained while employees were on breaks. But since then, the insurance companies have fought to expand the reach of that restriction. One recent case that made the news is a good example of that trend. According to press... Posted on February 21, 2009 at 04:28 pm by Mark White

Some employers try to avoid carrying workers' comp insurance by calling their employees "independent contractors". If you were hurt on the job but denied benefits because you were supposedly an "independent contractor", talk to a lawyer before you give up on your claim. The reality is that in many cases, these employers are just scam artists -- they are cheating their employees out of legally-required benefits, and they are cheating the government by not paying their taxes. There are basically... Posted on February 5, 2009 at 07:35 am by Mark White

Effective January 15, Governor Beebe appointed a new chairman of the Workers' Compensation Commission for a six-year term. A. Watson Bell, a Searcy lawyer, replaced former Chairman Butch Reeves. There are three members of the Commission -- Chairman Bell, Karen McKinney, and Philip Hood. You can read their biographical information here. When a Judge decides a case and one side appeals, these three Commissioners decide the appeal. Commissioner McKinney is the "management" representative and... Posted on January 22, 2009 at 02:35 am by Mark White