Silverman, Silverman & Seligman, P.C.
Every call gets taken by an attorney
CALL FOR A FREE CONSULTATION: 518-631-4521
Menu
The Benefits You Need Are Within Your Reach

March 2017 Archives

The impact of changing federal regulations on your SSD claim

The Social Security Administration administers the disability benefits to those individuals who have a medical condition that would prohibit them from working for more than a year or would result in death. One must prove their eligibility in the program and those requirements are guided by federal regulations that also stipulate the type of evidence that can be provided and how much weight will be given to the evidence.

Can you claim workers' compensation for PTSD?

More and more, first responders and others who are involved in workplace incidents that go above and beyond the general call of duty are pushing for the right to file workers' compensation claims for symptoms of post-traumatic stress disorder. The laws around PTSD claims are complex, and making a claim for compensation can be difficult. In some states, there are rules in effect that prevent workers from filing PTSD claims. In New York, the question is complex, and it depends on the job.

What is the difference between SSD and SSI benefits?

The Social Security Administration administers two programs through which it provides financial benefits to disabled people who qualify for them. Although the two programs, Social Security Disability Insurance and Supplemental Security Income, sound similar, in reality they pay benefits to different classes of people and it is important for New York residents to understand the main difference between the two.

Schedule and non-schedule loss of use for workers' compensation

When a worker in Schenectady is injured on the job, suffers an issue due to repetitive stress, or has a condition that came about because of the type of work he or she was doing, there is the option of seeking workers' compensation benefits. Understanding this process is an imperative part of receiving benefits and the basics are often key. One of those basics is knowing the difference between schedule loss of use (SLU) and non-schedule loss of use.

What is workers' compensation?

When someone in New York is injured on the job, they might not be sure what legal heading they can receive compensation under. Having given up their right to sue their employer, they might not be sure what legal remedy they have. Workers' compensation systems exist for this purpose-to provide insurance for those employees who have been injured or become ill as a direct result of their job. Through this system, injured or ill employees either receive cash benefits and/or medical care for their injury or illness.

What is "substantial gainful activity"?

The term "disability" can encompass a wide variety of physical and mental disorders. Some people in New York have disabilities that are so debilitating that they are unable to work on a daily basis. However, there are others who may be able to adjust to their disability, maintaining at least some form of employment and earning an income. For purposes of Social Security Disability benefits, the difference is whether or not the Social Security Administration makes a determination that your employment consists of "substantial gainful activity."