| What is a Social Security "Disability?" |
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| A "disability," as far as the receipt of social security benefits is concerned, is not defined the same as for other programs. Social security disability benefits are only paid for total disability; the complete inability to work is the benchmark. At its essence, a person is disabled under the Social Security Act if he is unable to engage in any substantial gainful activity due to a medically determinable physical or mental impairment that has lasted or is expected to last for twelve months or that results or is expected to result in death. A disability can result from either a physical or mental impairment, or a combination of impairments.More... |
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| Employee Misconduct That Does and Does Not Deviate From Employment |
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| When an employee engages in misconduct, his receipt of workers' compensation benefits can be jeopardized depending on whether such misconduct constituted a deviation from his course of employment. If the employee has deviated from the course of employment, and is then injured, he will generally be denied benefits. Prohibited conduct is a marker for misconduct. It is only that prohibited conduct concerning the employee's fundamental job for which he was employed that will affect compensation eligibility. Even though prohibited, conduct that merely violates the way or means that an employee uses to accomplish his job duties is still within the course of his employment.More... |
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| Pediatric Consultative Examination Reports |
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| A medical professional who has been tapped by the Social Security Administration (SSA) to conduct a consultative examination of a child must include certain information in his report. The SSA mandates that the report containing an assessment of the child's history, examination, and any laboratory findings be consistent with the format for reporting results used for complete internal medicine examinations. The report must be thorough and complete in order to provide the SSA with the necessary information to determine the nature, duration, and severity of the child's impairment as well as the limitations that such impairment places on the child.More... |
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| Personal Injury |
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| When determining workers' compensation coverage, most states condition benefits on the worker receiving a "personal injury" in the course of his employment. The remainder of states just use "injury." For workers' compensation purposes, a "personal injury" or "injury" includes not only harm to the person from a trauma, such as a cut from a sharp piece of equipment, but also occupational diseases. Further, a "personal injury" can be either a physical or mental condition.More... |
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| Adult Consultative Examination Reports |
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| When an adult Social Security Disability Insurance claimant fails to provide, or provides inadequate, medical information to make a "disability" determination, the Social Security Administration (SSA) will request that a consultative examination (CE) be performed. The claimant's treating physician or an independent medical source may perform the CE. When the CE has been completed, a report must be provided to the SSA that meets the minimum requirements specified by the SSA. More... |
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