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

To all workers who toil each day to make America great, the the attorneys and staff at Turley, Redmond & Rosasco wish you a much deserved and restful Labor Day.  Enjoy!  See you next week.

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As we approach the sixth anniversary of the 9/11 tragedy, legal and health issues arising out of Ground Zero continue to top the headlines.  First, NYCOSH has announced a press conference for next Tuesday, 9/4/07,  at 11:00 am at the South entrance to PATH trains at the former World Trade Center site on Church Street.  The press conference, which will include New York State Labor Commissioner M. Patricia Smith, Art Wilcox of the AFL-CIO and representatives of Senate Majority leader Joe Bruno,  will announce a new subway poster campaign encouraging 9/11 Rescue, Recovery and Cleanup Workers and Volunteers to register for benefits with the New York Workers' Compensation Board.  We will report any additional information after the press conference.

As previously reported on the New York Workers' Compensation Alliance website, the deadline to register for these benefits has been extended until August 14, 2008.  You  can download a World Trade Center Registration Form here. In addition, this week saw an important Newsday article reporting about a new New York City Department of Health study showing that Ground Zero rescue and recovery workers have a 12 times higher incidence of asthma.  This bolsters the anecdotal evidence and filing of claims by our workers' compensation attorneys for WTC workers over the past few years.  

Our workers' compensation lawyers continue to work daily with Ground Zero rescue, recovery and cleanup workers and volunteers to protect their rights to future medical attention.  The new poster campaign will help those who have not yet registered.   Remember- you should register now even if you are still healthy to protect your rights later.  If you have any questions, call toll free 1-877-NY-DBLAW to speak to one of our attorneys for a free consultation.

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Recently, a group of some of New York's top long term disability insurance lawyers and advocates gathered in Manhattan to sign an important document for the benefit of all employees who are covered for LTD benefits through an ERISA plan sponsored by their employer.  This letter to the NY Insurance Superintendent Eric Dinallo requested that unfair "discretionary clauses" in insurance contracts be banned in New York, as they have been recently in New Jersey and California. 

As previously reported in this blog, this follows the prior attempts to ban discretionary clauses under the Pataki administration.  To date, it is unknown what the Spitzer administration's position will be on this issue.  However, it is hoped that the Superintendent Dinallo will join other progressive states in leveling the playing field for disablity claimants and stop unfair insurance company practices which deny legitimate long term disability claims.  We will keep you updated when we receive a response from Superintendent Dinallo.

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Does or job affect your sleep patterns?  Can you collect New York Workers' Compensation benefits if it does? That's the question Daisy Harrington asked me in her Career Corner column in AM New York published today. 

There is growing evidence that workers may suffer adverse health effects, especially  work related heart attacks, due to long or unusual working hours,.  Workers who are "on call" constantly might have similar problems.  However, to date making such claims at the New York Workers' Compensation Board  has not been particularly fruitful in our experience.   As in every workers' comp claim, you must have a medical doctor support you claim in writing.  This is often easier said than done. 

Despite the potential hurdles, every case has different facts and you would be well advised to consult an experienced Workman's compensation attorney if you believe your job has impacted your sleep and harmed yor health.

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Did you know that over 60% of all initial Social Security Disability claims filed without a lawyer are denied? Did you know that the Social Security Disability appeals process can now take up to two years?  In New York, the current backlog of disability cases awaiting a hearing before an Administrative Law Judge is over 52,000 - one of the worst in the nation! 

However, there are several things you can do to avoid this intimidating bottleneck:

• Have a heart-to-heart talk with your treating doctor.  Ask him directly if he is willing to support your disability claim in writing. Without the proper medical evidence, no Social Security Disability lawyer can win your claim.  Some physicians simply don't want to be bothered with Social Security paperwork.  A few others have a "God complex" along the lines of "if I did surgery on you, you can't be disabled!".  If your doctor is unwilling to support your case but you still believe you cannot work, ask you lawyer for the name of a credible doctor who can give you a second opinion.   It could make the difference between bankruptcy or a steady stream of income for the rest of your life;
• Unfortunately, Social Security does not grant great weight to the reports of chiropractors for spinal disorders or social workers for mental disorders. If you are treating with these professionals, you may have to supplement your medical records with reports from orthopedists or neurologists for back and neck problems, or psychiatrists or psychologists for depression and other mental disorders.  Speak to an experienced Social Security disability attorney who can help you select a doctor who understands the written proof necessary in disability claims;
• Don't minimize the actual physical demands of your job.  If you are a secretary, but your job also requires you to lift boxes of copy paper to load the copy machine, you must write this in the "work history" portion of the application.  Otherwise, the Administrative Law Judge who will hear your case might think that you lift nothing more than a telephone receiver all day.  Failure to accurately describe the physical and mental demands of your occupation could be fatal to your case;
• Hire an experienced Social Security Disability attorney at the initial application stage.  It does not cost any extra money to hire a lawyer early in the process!  If you also have a long term disability claim, don't let the insurance company dictate who your Social Security representative will be.  These "advocates" or "representatives" work for the insurance company, not you.  And to boot, they charge the same fees as lawyers who are ethically bound to protect only your interests.
• Many believe wrongly that filing for Social Security is a simple process requiring the completion of a few forms.  In reality, it is a confusing, long process governed by strict government regulations as the above statistics show.  What you write in your initial application can come back to hurt you later at the almost inevitable hearing before a Judge.  An experienced attorney who knows the local judges, unlike faceless representatives at large advocacy groups like Allsup or Advantage 2000 who work for long term disability insurance companies, can personally meet with you to map out a winning strategy;

Since most initial applications are denied, you will want to have an attorney by your side when you appear at a Hearing Before an Administrative Law Judge.  At this hearing, your sworn testimony under oath will be tape recorded for potential review in a federal court.  Remember - your Social Security claim is governed by federal case law and regulations. The lawyer you choose can make all the difference!

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