Posts By: Oxner

Email : [email protected] Todd Oxner is a founder and managing partner of Oxner + Permar , a North Carolina workers’ compensation firm. Since 1994 Todd has been known statewide for his success in handling workers’ compensation claims.

What Evidence Do I Need for My Social Security Case?

Social Security Disability

What Evidence Do I Need for My Social Security Case?

When it comes to putting together a social security disability case, it all comes down to your ability to prove your medical condition. A strong social security disability case requires three things:

  • Timely medical records
  • Accurate medical records
  • Sufficient medical records

When looking at a social security case, timely records means that your records need to be up-to-date with your condition. For instance, if you have a rapidly changing condition, you’re going to need more recent records than someone who has a more stable condition.

 

In order to prove the accuracy of your records you must show evidence for your claims. For instance, if you report a bone fracture, your x-rays must show where the bone is broken. If your doctor reports that you are unable to stand for a period of 30 minutes, but you can indeed stand for that long, those reports will not be considered accurate. (Remember that the records must also come from a medical professional.)

 

Finally, you must provide sufficient records. This means that the Social Security Administration needs your medical reports to be thorough. It’s not enough to state your condition. Your records need to detail things such as where your injury is located, how your doctor came to their diagnosis (e.g. what tests did they run?), and what treatments you’ve received.

 

Having all of this information can make a huge difference in your case and whether the Social Security Administration will consider you compensable or not.

 

Building a strong case starts with timely, accurate and sufficient medical records. Start working with an experienced attorney early on in your Social Security Disability claim so that they can help you build a strong case from day one. Be sure to give us a call for a free consultation.

Will Workers’ Comp Cover an Idiopathic Fall?

Workers' Compensation

Will Workers’ Comp Cover an Idiopathic Fall?

Idiopathic conditions are often related to work injuries. Whether or not these injuries are covered by workers’ compensation often depend on exactly how the injury occurred and what caused it. When looking at idiopathic conditions, it’s important to first determine what exactly does “idiopathic” mean?

Idiopathic refers to conditions that are spontaneous or pre-existing. Some examples of these kinds of conditions include things like:

  • Seizures
  • Epilepsy
  • Heart disease
  • Diabetes

 

It can also refer to more spontaneous conditions, such as if your leg were to suddenly give out.

 

So how do these conditions factor into workers’ comp? Well, if your pre-existing or idiopathic condition is the only reason for your injury, then chances are your injury will not be covered by workman’s comp. However, if the injury is the result of your work, you probably will be covered.

 

Regardless of whether or not your idiopathic condition makes you more likely to be injured, the important thing is that it was caused by your work. So in other words, even if you were predisposed to back pain, if you strained your back doing a routine part of your job, then that injury is probably compensable.

 

And of course, if you experience any kind of injury at work, always file an injury report with your employer. That way when it comes time to determine the exact cause of your injury, there will be a record of your injury.

 

Idiopathic conditions can be compensable. If you’re unsure of your exact situation, be sure to reach out to an experienced attorney. At Oxner + Permar we offer free consultations to help you determine the next steps for your case.

Connie C

Family Law + Divorce

I can’t thank you enough for everything you did for me.  It is amazing what you got done.  And its more than the agreement.  Your words and advice stay with me and have continued to help me.  The words “thank you” aren’t enough.  There is no way to thank you enough for helping me find such a good solution for the most precious thing in my life – time with my one and only child.

It is difficult when you are in the middle of a life changing event of your own life to make good, rational decisions.  You made sure that I did.  You set up an agreement that continues to work ongoing and that makes sense.  Having that huge challenge behind me, I have been able to “move on” and enjoy my life.

When Time is Not on Your Side: Timeliness of Reporting an Injury at Work

Workers' Compensation

When Time is Not on Your Side: Timeliness of Reporting an Injury at Work

It’s summer time! And with the hot weather sometimes comes physically demanding jobs. Of course, a rise in the amount of work brings a rise in the number of accidents and injuries. Many times, we think we can “walk it off,” we tell ourselves that we’ll feel better eventually, or that it’s just part of the job. Sometimes the smaller aches and pains go away, but other times they might be part of a larger issue that only gets worse with time. That’s why no matter how small the injury, it’s important to report it — and to do it within 30 days.

This is no small matter. If you don’t report your claim to your employer in a timely manner, it could have negative consequences on your case. You must tell not only your employer, but also file a written report. That way there is physical evidence of your claim.

 

However, your claim doesn’t stop there. After you report your injury to your employer, you’ll have to file a workers’ compensation claim. In North Carolina, you have two years to file a workman’s comp claim. This is different from the initial report you give to your employer within 30 days.

 

Because you have two years to file for workers’ comp, you have a little more time to decide if your injury is serious before applying for benefits. That’s why it always pays to file a written injury report with your employer — because you never know what could turn out to be serious, and it’s always better to have written proof than nothing at all.

 

Always file an injury report within 30 days of your accident. Accident reports are a vital part of your workers’ comp claim. Don’t hesitate to give us a call for a free consultation!

Getting Social Security Benefits for Mental Disabilities

Getting Social Security Benefits for Mental Disabilities

Struggling with a mental illness is a serious issue. If you’re someone living with a mental illness such as depression, OCD, anxiety disorder or bipolar disorder, then you know it can be a huge strain on your job as well as your personal life. Mental illnesses are often just as serious as physical ones. Fortunately, if you suffer from a debilitating mental illness that makes it difficult to perform your job, you can apply for social security benefits.

 

However, many people run into a significant challenge: It can be much more difficult to prove to a court the effects of a mental illness as opposed to a physical one. Today I want to share a few tips to keep in mind when applying for social security:

 

  1. Show a History of Treatment
    Proving to the court that you have a history of coping with your mental illness is a good way to demonstrate not only the effects of the illness, but also your desire to get better. This will help your case tremendously.
  2. Receive a Diagnosis from a Psychiatrist or Psychologist
    With any disability, the court wants to see that you’ve have sought an expert opinion. A psychiatrist or psychologist will have the training and expertise to give the court a solid basis on which to form their decision.
  3. See a Doctor Before You File for Disability
    In order to be approved, not only will you need a diagnosis, but it will need to be a recent one. Remember that in the State of North Carolina, you’ll need to have seen a doctor within in the 90 days before you file.
  4. Take All of Your Prescribed Medicines
    Not only does taking your medicine show your interest in improving your condition, it also allows the court to accurately assess your mental health. They want to be able to evaluate your mental state while receiving treatment.
  5. Provide School Records If Filing for Long Term Disability
    If possible, it’s recommended that you submit your school records while filing for long term disability. This will allow the court to get a more complete view of your mental history. For instance, they’ll be able to assess previous testing you took, as well as show difficulties you may have struggled with in the past.

 

As with any case, the best thing you can do is to follow the advice of your attorney. They will be able to instruct you on what you need to submit and what you need to do before filing. At Oxner + Permar, we provide free, 30-minute consultations, so If you have any questions don’t hesitate to contact us.

 

Did you know that social security benefits cover mental illness? If you have any questions about how to apply for these benefits, be sure to contact an experienced attorney.

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