New York Disability Lawyer & Attorney : Turley, Redmond & Rosasco : Brooklyn, Queens, Long Island, Nassau, Suffolk, Bronx, Staten Island

The  New York Mercantile Exchange (NYMEX) is right around the corner from our Wall Street office.  Last July, a very successful Commodity Broker called our office for legal representation in his appeal of a denial of his ERISA long term disability claim against The Guardian Insurance Company.  His long term disability policy was supposed to pay him $10,000.00 per month. He been out of work for 14 months prior to coming to our office and The Guardian, like most LTD insurance companies, was dragging their feet. 

After the client retained our office, we quickly realized that the "stated" reason for The Guardian denial was based on a incorrect analysis of his prior occupation.  An accurate description of the "material and substantial duties" of a long term disability client's job is one of the most important, yet often overlooked, keys to winning individual disability income claims. 

After obtaining the Guardian's entire claims folder (to which all claimant's are entitled under ERISA- see our Disability Law Library), we determined that The Guardian's own vocational expert had incorrectly defined his "occupation" as involving primarily "electronic trading". In fact, he was the classic, active "floor trader" you might envision on the floor of any financial exchange.  We immediately retained  a well known vocational expert to write a 12 page report rebutting Guardian's expert and detailing his actual job duties and work environment.  Our expert even did a field visit to the Mercantile Exchange "trading pit" and interviewed our clients co-workers and boss.  Finally, thinking outside the box and working together with our client,  we obtained a key letter from a top Mercantile Exchange official backing up our occupational analysis. 

After doing the necessary prep work and laying an unshakable foundation, we then wrote an extensive legal brief seeking a reversal of Guardian's initial long term disability denial.   To Guardian's credit, their Appeal's Committee issued a stunningly quick reversal within two weeks.  Our client's nearly 18 month odyssey without long term disability income was over.  They immediately released a check to him for over $150,000 in retroactive benefits and he continues to collect his $10,000 per month benefit today.  To avoid the stress of ongoing disability claim reviews in the future, we are now in the process of negotiating a complete "buy out" settlement of our client's long term disability claim.

The key to winning this long term disability claim was not just writing a legal appeal (which many lawyers can do), but was developing evidence for our client which gave the Guardian a rational basis to reverse their prior decision.  Smart lawyers don't win appeals just by telling insurance companies "you are wrong, you made a mistake" (even when they did).  After all, what human being wants to admit they were 'wrong".  You must give them additional evidence, like we did in this case, to reconsider their original decision.

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ABC News published an important article today highlighting the sharp rise in immigrant worker deaths on construction sites in the New York City area.  This problem, which I addressed in a prior post recently, is reaching epidemic proportions. 

As detailed in the article, just the other day a Ukrainian immigrant was decapitated after plunging 42 stories while working on a construction site on a Donald Trump Hotel in lower Manhattan.  Under the current New York Workers' Compensation law, the most his widow and children can collect for his death is $500 per week, plus payment of only $6000 toward his funeral bill. 

I told the reporter the story of one of my clients (an undocumented worker) who was severely injured last November when a brick wall fell on him while working on a construction site in Queens.  Despite multiple surgeries and being an inpatient at Jamaica Hospital for over a week, he still has not received his first workers' compensation check.  This is not unusual in cases where unscrupulous employers are paying immigrant workers "off-the-books" and not reporting their wages to the workers' compensation insurance company to save on premiums.  Workers' compensation lawyers like myself see sad cases like these every day.

Thanks to Susan Donaldson James  and ABC News for reporting on this growing tragedy.  Unfortunately, in the current political climate, it is questionable whether the federal government has any desire to address the safety of undocumented workers on construction sites??? 

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Last night the CBS Evening News with Katie Couric unveiled the first of two special reports on the Social Security Disability claim backlog.  My friend and fellow Social Security Disability lawyer, John Hogan, was interviewed and spoke of the 2 1/2 year wait for a hearing in the Atlanta area!  When you see the disabled claimant's profiled in this report, you will realize how cruel and unacceptable such waits are. 

I suppose that we should be thankful that the hearing wait in the New York metropolitan region is only 18 months!???  But it is hard to feel this way when you see clients losing their homes while they wait for the disability benefits they paid for and deserve.  Sadly, some of my clients have died before they get their hearings.  Hopefully, Congress will listen to this report and fund Social Security properly so that future claims can be expedited. Catch Part 2 of the CBS special report tonight at 6:30 pm EST by clicking here.  Thanks for your concern, Katie!

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Happy New Year to all the readers of the New York Disability Law Blog!  Over the course of 2007, we are pleased to report that our firm has once again helped thousands of injured and disabled claimants successfully win the benefits they deserve.

Our blog has  tried to provide timely and helpful information to all those struggling with a variety of disability claims, including long term disability insurance claims, Social Security disability claims,  workers' compensation claims and VA disability claims.  Since its inception in March 2005, our blog's readership has steadily grown and we have become a frequent resource to reporters and other media professionals on disability claim matters. 

We look forward to another year of fighting the good fight for our clients and friends. We wish you and your families a healthy and happy 2008!

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"This boy is Ignorance. This girl is Want. Beware them both, and all of their degree, but most of all beware this boy..."  - Charles Dickens, A Christmas Carol (1843).

At this festive time of year, when so many of us have more worldly goods than we truly need, let us not forget those among us who are not working due to accidents or disease.  The attorneys at Turley, Redmond & Rosasco have dedicated our professional lives to to lifting up and providing for injured and disabled claimants with ERISA and private long term disability claims, Social Security disability claims and workers' compensation claims.  May the year 2008 bring happier and healthier days to the clients we serve.  Merry Christmas!

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Yesterday's front cover of the NY Times had an article detailing the long delays in the Social Security Disability claim process.  Much of the backlog is the result of Congress failing to adequately fund a Social Security disability claim system which is now facing more claims due to the aging of the "baby boomer" generation.  Today, a rash of editorials skewering both President Bush and Congress for this preventable crisis hit the streets and the far reaches of the Internet.  Something must be done - now! 

Last week, I traveled to New Haven, Connecticut to handle a Social Security disability hearing for an emergency room physician stricken with chronic Lyme disease.  The hearing before an Administrative Law Judge went well and we will win the case.  However, the client had to wait over 18 months for her hearing before the judge.  In this particular case, the wait did not have a dramatic financial impact on the doctor since she was already collecting benefits from her own private long term disability insurance policy through Northwestern Mutual Life. 

But this is the exception, not the norm.  Less than 20% of my clients have either employer sponsored group ERISA long-term disability plans or private individual disability income protection.  Most of my clients, when faced with the long delays at Social Security disability, are facing either bankruptcy or foreclosure.  As stated in the article, some die before their case is heard.  I have one such client in the hospital now with stage 4 terminal cancer.  In most cases, "justice delayed is justice denied".  A judge has not even been assigned to the case yet.  Thankfully, I was able to call in a few favors and have Social Security place this case on an expedited review.

The Social Security Administration recently proposed new rules to streamline the disability appeals process.  Click here to see the new rules and submit your comments.  Some of their ideas are good, others would harm disabled claimants even further.  As a member of the NOSSCR Board of Directors, I can assure you we will be submitting detailed comments to both expedite claims while protecting fundamental fairness to disabled claimants.

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As detailed in Newsday today, Mitchell Breit of the national class action law firm of Whatley, Drake & Kallas and the disability law firm of Turley, Redmond & Rosasco have filed a "medical monitoring" class action lawsuit  against Verizon in New York Supreme Court, County of Brooklyn, for workers who previously worked at the former Sylvania nuclear fuel rod plant in Hicksville, Long Island.  Verizon previously settled a lawsuit by surrounding residents for a reported 11 million dollars due to an increased rate of cancer in the area.  

The lawsuit follows a recent decision by the New York State Workers' Compensation Board which found that a worker on the site, Gerard DePascale, developed a rare and deadly cancer (extra-skeletal myxiod chondrosarcoma) as a result of exposure to toxins on the site.  In addition, a recently released Army Corp of Engineers report found danger to the public by this still contaminated site.  Despite special federal funding won by Senator Chuck Schumer for a complete clean-up of the site, legal wrangling between Verizon, the Army Corp and the New York State Department of Environmental Protection have put a stop to the clean-up.  How many more people have to come down with cancer before Verizon does the right thing?

The lawsuit seeks to force Verizon to set up a "medical monitoring" fund so that the thousands of workers who were unknowingly exposed to the toxins  on the site can benefit from early diagnosis and treatment of any potential medical problems.  As detailed in the Newsday story today, workers like Robert Matteo are mad that they were never told of the dangers on their work site.

Unfortunately, Gerard DePascale, whose cancer has now spread to his lungs, is still waiting a final ruling from the New York State Workers Compensation Board.  Despite winning his case in front of trial judge Abigail Chanis in March 2007, his employer appealed the judge's decision.  He has now been out of work with no workers' compensation benefits since January 2006!  The abnormally long delay in deciding this appeal is causing the DePascale family severe financial hardship.  Thankfully, with new leadership at the Workers' Compensation Board, a decision in Mr. DePascale's case hopefully will be expedited.   

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As an Air Force veteran myself, it was reassuring to know that so many talented veteran disability claim lawyers were in attendance at the National Organization of  Veterans' Attorneys (NOVA) conference last week in Washington, DC.  My partner David Tobias and I attended, and as always, there was much to learn.  

If there was one thing that stood out in my mind from this conference, it would be the realization of the staggering numbers of Post Traumatic Stress Disorder (PTSD) service connected disability claims that we will all be seeing come out of the current Iraq war.  Formerly called "Soldiers Heart" and "Shell Shock" in prior conflicts, untreated PTSD can wreck families and lead to violence, criminality,  alcoholism, drug abuse and homelessness. 

I handled my first Vietnam Veteran PTSD disability claim about 15 years ago.  My client had already been through at least six 30-day alcohol rehabs at the VA Hospital in Northport, Long Island (New York).  When he would get out, his way of staying sober was to camp in the desolate woods of northern Maine for months at a time. 

Many would have considered him unlikable at best,  an angry  violent criminal at worst.  Despite his untrusting nature, he allowed me to get to know him.  Bottom Line- prior to his Army service in Vietnam, he was a good kid just out of high school.  I never asked what he saw in Vietnam which caused him such obvious anguish and pain now, but his eyes told you "don't go there".

At the time he came to me through a fellow Vet trying to help, he could not cope with regular society while sober.  The Northport VA Hospital did not (or could not) provide any long term effective treatment  for his underlying psychiatric condition which was the root cause of his alcoholism.  He was using alcohol to "self-medicate". 

Thankfully, despite some delays caused by his unpredictable absences, I was able to get him full disability benefits.  His checks were sent to his mother's house for his benefit.  I never heard from this vet again after we won his case, which I did not think was unusual given his disability.  However, his grateful elderly Mom did stay in touch, which was nice.

One of the best parts of the conference was our Friday luncheon speaker, the feisty "VA Watchdog" Larry Scott.  He told us about the VA's new "3 week cure " for PTSD!  Of course, we all know that the VA has been on the cutting edge of medical break-throughs for some time now ... but a 3 week cure?! 

Sounds like the one night "stop smoking hypnosis seminar"  I once took, or the 4 hour "rapid heroin detox", which I didn't!  Only the VA would come up with such an absurd treatment plan. 

Thank you, Larry, for exposing the real motivations of the VA.  After all, if the Iraq vet is now "cured", they don't have to pay the service connected disability pension.  Despite the veteran's honorable service in a mistake strewn war, its all about the money. 

We will just have to beat the VA, one disability claim at a time.  Remember, thanks to the new law, after June 20, 2007 you can  hire a lawyer to help you sooner than before.  You don't have go it alone.   

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Turley, Redmond & Rosasco founding partner William "Bill" Turley was endorsed today by Newsday as Smithtown's next representative in the Suffolk County Legislature.  Bill, who has been practicing workers' compensation and disability claim law on Long Island for over 20 years, impressed the Newsday staff with his innovative ideas on clean energy and immigration. 

• 13TH DISTRICT
  
  North Smithtown, part of Huntington
  
  Republican Lynn Nowick, 60, of St. James, is running for a fourth term. Her assiduous constituent services assure her popularity. But she has few constructive new ideas, especially regarding the 800-pound gorilla in her district: the fate of the former Kings Park Psychiatric Center.
  
  On this vexing issue, her Democratic opponent, William Turley, 49, of Fort Salonga, agrees that the legislature has little influence beyond rhetorical support of a better proposal for the complex's use. But Turley, an attorney specializing in workers' compensation, brings a refreshing and progressive perspective that differs sharply with Nowick's in every other respect. He favors hiring halls for migrant workers, wants stricter penalties for sex offenders but is concerned about the constitutionality of residential restrictions, and would push for alternative energy policies in the county to offset dependence on foreign oil. We endorse Turley.
  

For many disabled clients on Long Island and New York City, Bill has been a steady hand guiding them through the disability claim maze.  Good luck Bill on November 6th!

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