A finding of permanent total disability is extremely rare under the New York State Workers’ Compensation Law.  Most claimants who suffer permanent disabilities in neck and back cases are classified as permanently partially disabled. The New York State Workers’ Compensation Board Medical Guidelines, last updated in June 1996, outline the criteria to be used in […]

Simply put, an insurance company is not liable to pay lost wage benefits unless evidence of disability, based upon a physical examination, exists. This means that a doctor cannot take a claimant out of work based on a phone call.  Even if the doctor writes a note stating that person is disabled, it will not […]

It is sometimes difficult to know exactly when to file for Social Security Disability benefits.  This is because in order to qualify for benefits you must have a disability that has lasted or is expected to last at least one year. In many instances, an accident or injury occurs but the severity of the injury […]

If you become disabled and are not sure what benefits you may be entitled to under the Social Security Law, the safest bet is to file your application for Social Security benefits. The earlier you file the better.  However, you should know that unless your disability has lasted or is expected to last at least […]

One of the factors that can be considered by the Judge in assessing whether or not you qualify for benefits involves your inability to perform activities of daily living.  That is why at Social Security hearings, Law Judges frequently will ask for testimony regarding a claimant’s typical daily activities. Activities of daily living are just […]

Under the current Workers’ Compensation Law, there are caps or limits on the number of weeks a permanently partially disabled claimant can collect lost wage benefits. The chart below provides information regarding the maximum number of weeks that can be paid for different permanent degrees of disability: 525 weeks for loss of wage earning capacity […]

There is a listed impairment for statutory blindness. This means that if you meet specific, detailed criteria you will automatically be approved for disability benefits. The definition for blindness is a visual acuity of 20/200 or less in the better eye with use of corrective lenses. There are also specific criteria that can be used […]

A continuing disability review (CDR) is a periodic evaluation performed by the Social Security Administration in order to determine whether or not your disability has improved. Once you have been approved for benefits, the Administration will place a diary time on your case for re-evaluation. This is usually between one and three years following the […]

In order for an 18 to 44 year old to secure a disability finding it must always be demonstrated that he or she has a sedentary occupational base that has been significantly compromised. This means that the physical and/or mental disability must prevent the applicant from doing the lightest type of work available in the […]