Many of my Social Security disability clients express their desire to return to work while they are waiting for their hearing. This is understandable because hearing wait times can be very long, with many claimants forced to wait two years or more. Some clients want to work part-time out of dire financial need. Others feel a strong desire to get out of the house and re-discover a sense of purpose.
It’s not easy to know what to do—and I certain empathize with my clients’ reasons for wanting to return to work. But I always caution them: Such a decision can be perilous to a disability claim.
Why is this?
First, if you get a new job and earn more than $1,130 a month, you are engaging in what is known as “Substantial Gainful Activity (SGA)”. If you earn more than the allotted SGA amount in any nine months of a 60-month period, this automatically disqualifies you from receiving Social Security Disability benefits.
For claimants who earns less than $1,130, the decision to get a job still can jeopardize the claim. In fact, if a judge has reason to believe that a claimant could be earning more than the SGA amount but is intentionally working less they can, and often will, use that as a basis for denying the claim. So is important to be careful and make informed decisions about employment.
All in all, the decision to return to work is a difficult one and varies from client to client. When clients come to me for guidance, they are confused and unsure how to move forward. I help them understand all that is at risk and all that they have to gain in the decision of whether or not to return to work. It is my job—and the job of my colleagues at Oxner + Permar—to help you feel knowledgeable and confident about all of the steps involved in your Social Security disability claim.
When something as important as your workers’ compensation benefits is based on the evaluation of one doctor, we understand the desire of many of our clients to get a second opinion. It can give you the security and peace of mind to know that you’re receiving workman’s comp benefits and work restrictions that are most appropriate for you and your recovery. So after a work injury, is it possible to receive an evaluation from a second doctor to assess your case?
The good news is: in most cases, yes! In South Carolina everyone is permitted to ask for a second opinion, and in most cases, the Commission finds these requests reasonable. More often than not, insurance companies are willing to work with us to get you a second opinion without the hassle of litigation.
Of course your insurance company is going to want some say in which doctor you choose to give you a second opinion. However, we have experience working with insurance companies to help pick a physician that is agreeable not only to them, but you as well.
When it comes to your care, it’s best to have as many people on your side as possible. Whether it’s your doctors or your attorney, it’s good to know that your worker’s compensation benefits are fair and that your work restrictions are fair. At Oxner + Permar we’re passionate about ensuring that our clients are given the best tools to make their recovery process as easy as possible.
Never hesitate to ask for a second opinion when it comes to your work injury. Insurance companies are often willing to work with us to make sure your health evaluation is as accurate as possible. For more frequently asked questions be sure to visit our FAQ page.
Join Us for the 9th Annual Run, Walk and Roll for Rehab—and Help People Reclaim Their Lives!
Oxner + Permar believes in taking care of injured workers and their families—and our support reaches far beyond the courtroom. One way we help those injured on the job is to sponsor community support services like those offered to adults and children whose lives have been altered by serious injury or disease. Oxner + Permar is a proud “Gold Level” supporter of Vidant Health Rehabilitation Service’s Rehab Road Race. The Run, Walk and Roll for Rehab 5K and 1 Mile Fun Run/Walk will be held on September 24, 2016, and we hope you’ll join us for this fun and touching event.
In addition to raising critical funds, this Run, Walk and Roll for Rehab promotes outdoor recreation for people of all levels of physical abilities with a course that accommodates racing wheelchairs, sport chairs and hand-crank bicycles. The net proceeds benefit important programs and services for patients. For example, donations from previous races have been used to further expand Vidant’s specialty equipment that helps improve muscle strength and balance, and promotes independence in daily living. Such equipment and services enables Vidant to fulfill their mission of helping people reclaim their lives.
The team at Oxner + Permar is passionate about helping injured workers make a recovery after an injury. Please consider sponsoring and/or registering for the Run, Walk and Roll event. Support from community members and sponsors is essential. Contact Kathy Garren, Chair of Rehab Road Race Committee, at 252-847-0207 for additional information.
Together, we can make an incredible difference in the lives of countless patients and families who depend on Vidant Health Rehabilitation Services. Hope to see you on the course in September!
Join the team at Oxner + Permar in making a difference in the lives of injured workers. Register for the Run, Walk and Roll event in September for a fun way to make a big impact!
Unfortunately, insurance companies nowadays often intimidate injured workers by reminding them that they—not you—have the “right to direct medical care.” In other words, your employer and the health insurance company on their plan have the power to decide which physician you should see.
To some extent, this is true, but there are exceptions. Keep in mind that in some circumstances employees can select the physician of his or her choice. You just need the right attorney to help you navigate the workers’ compensation process and understand what those exceptions are. If you’ve been injured on the job and need to see a physician, here are a few key points to consider:
Your insurance company is not your physician. Don’t empower them; empower yourself and your doctor. After all, you know best about your injury, and your doctor knows how to help you get better. He or she is the one who went to medical school, received the proper training, and understands the practice of medicine. Not your insurance company.
You have a right to the best medical care. If your doctor believes certain treatment is appropriate for you and the workman’s comp insurance company is refusing to pay, you and your doctor need to fight for the proper course of treatment.
Team up with your doctor to fight for your rights. Have your doctor detail in writing why he or she feels you need a particular treatment. Your attorney can then use this documentation to file a motion with the Industrial Commission, seeking approval for the recommended care.
Don’t allow yourself or your physician to get frustrated and give up. If the care you need is not being authorized or is being denied by an internal utilization review conducted in-house at the insurance company, keep fighting. Your health is worth the fight!
Oxner + Permar has won case after case in which it seemed that the employee was going to be bullied by the insurance company. We don’t let that happen. In workers’ compensation cases, we care about the employee who has been hurt on the job, and we know how to make sure that their rights are protected. And insurance companies know our reputation—as attorneys who don’t give up until they get the care that they deserve.
Dealing with a separation is always difficult. As you are trying to sort out the emotional strain, the financial burden might be the last thing you want to think about. Alimony payments can help alleviate the financial stress of a separation, but are you aware of the things that could cause alimony payments to cease? It’s important to make sure you are in the know.
There are two major factors that cause the termination of alimony payment:
1. The death of either the supporting or dependent spouse.
2. The remarriage or cohabitation of the dependent spouse.
These terms seem pretty straightforward—death and remarriage are both easily defined, but what about cohabitation? At what point does a couple’s relationship fall under the definition of cohabitation?
In order to prove that a couple is cohabitating, there must be evidence that they are living together continuously and habitually. They must also take on the lifestyle of a married couple: e.g. sharing duties and obligations that would be expected of married couple. This can include a sexual relationship, but that is not always necessary.
It’s also important to note that a couple’s intent isn’t the deciding factor in whether or not a couple is determined to be cohabitating. A couple can claim that they’re not cohabitating, but if their relationship and lifestyle clearly falls under the umbrella of cohabitation, then they are cohabiting in the eyes of the law. However, if a couple’s cohabitation status is difficult to determine based purely on objective factors, then a couple’s intent will be considered.
Of course the court will base their ruling on fact-driven analysis, weighing several factors to determine a couple’s cohabitation status. Some of these factors are fairly obvious and things you might have considered such as length of time they’ve stayed at the partner’s residence; whether or not the dependent spouse has another residence that they maintain or continue to use; or whether they participate in their partner’s childcare routine (e.g. picking up kids from school).
If you are living with someone and are concerned that cohabitation can affect your alimony payments, here are a few factors to consider:
Whether or not you drive each other’s vehicles.
Whether or not you or your partner moved in furniture.
Whether or not you cook meals together.
Whether or not you answer the home phone at the residence.
Whether or not you attend church together.
Whether or not you drive around town together.
Whether others have observed you and your partner showing any display of love and affection.
These are only a handful of the factors used to determine cohabitation. If you have any questions about cohabitation or what factors could lead to the termination of alimony payments, be sure to contact an attorney.
If you or your ex-spouse receives alimony payments and is in a new relationship, be aware that cohabitation can cause termination of alimony payments. It’s important to know what situations can lead to the termination of alimony.
