Workers' Comp & Social Security Disability
Workers' Compensation Representation
Our office has an active practice in representing injured workers before the New York State Workers’ Compensation Board. Firstly and most importantly, a claim must be timely made, which includes notice to your employer and filing a claim form C-3 with the New York State Workers’ Compensation Board. Once a claim is established for a work related injury, or occupational injury, the claimant is entitled to lifetime causally related medical treatment.
We represent claimants in all aspects of their Workers’ Compensation claim. For example, we represent claimants whose claims have been initially denied, weekly benefits have not begun or been reduced, or medical treatment has been denied by the carrier.
When we review your case we will determine whether to request a Hearing in order to address any of the above issues in your case.
In some instances for permanent loss of use of a limb or a loss of vision or hearing, the claimant may be entitled to a Schedule Loss of Use award. A Schedule Loss of Use award is a cash payment to the claimant for the permanent loss of use and is not a settlement of your claim.
Many times claimants will receive Proposed Decisions or Administrative Decisions from the Workers’ Compensation Board that make important findings in your case, rather than scheduling your case for a Hearing before a Workers’ Compensation Law Judge. It is important to know what your rights are and timely object if the Decision is incorrect.
As your attorney we will be able to access your Workers’ Compensation Board file from our office through the New York State Workers’ Compensation Board website. This allows us to better represent you throughout the process by remaining up-to-date on all your file information, including recent changes in your medical records.
We are a member of the Injured Workers' Bar Association and the Central New York Workers' Compensation Bar Association.
Social Security Disability Representation
Our office represents disabled individuals in applications for Social Security Disability (SSD) Benefits, also known as Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). We have represented claimants with physical injuries, as well as mental illnesses.
Social Security Disability provides benefits to disabled individuals who have worked and paid Social Security taxes long enough, and are deemed disabled under the Social Security Law. Supplemental Security Income provides benefits to disabled individuals under the Social Security Law who have not worked and paid sufficient Social Security taxes and who have limited income and resources.
To qualify for Social Security Benefits you must have a medical condition that meets the definition of disability under the Social Security Law. Disability is defined under the Social Security Law as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, or combination of impairments, that can be expected to result in death or that has lasted, or can be expected to last, for a continuous period of not less than 12 months. In most cases the Social Security Administration will consider you disabled if you cannot do the work that you did before; cannot adjust to other work because of your medical conditions(s); and your disability has lasted or is expected to last for at least one year or to result in death.
We represent claimants in all aspects of their SSD or SSI claim, including Hearings. We will work with you to go over your Social Security file to be sure all of your medical records for the time period in question are properly documented. In addition, we will attempt to obtain from your treating physician(s) a Complete Medical Report and Medical Assessment To Do Work-Related Activities questionnaire. This questionnaire is equivalent to a residual functional capacity evaluation in which your doctor sets forth your specific work restrictions and limitations.
Even under optimal circumstances, the process is complex and time consuming, so it is very important that it be professionally presented to the government at the outset. Our experience and expertise can make the difference between qualifying for benefits or being declined.