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

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 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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I'm off to St. Louis to attend the NOSSCR conference for the next few days.  In between my Board of Directors meetings, I'll be sharpening my Social Security disability lawyer skills at some of the great seminars NOSSCR always offers.  See you on the blog next week.   

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Thanks to Jane Reilly and all those at the Long Island, New York Chapter of the National Multiple Sclerosis Society for inviting me to participate at their annual free "Meet the Attorney" night last week at the Melville headquarters.  I had a private meeting with a lovely woman struggling with MS to discuss both her ERISA long term disability claim with Unum, and her pending Social Security Disability claim.  

I advised her NOT to use the "free" representation from GENEX Services to assist her with her Social Security Disability claim, as GENEX operates solely for the benefit of Unum, and therefore has a major conflict of interest similar to Allsup and Advantage 2000.  (See my previous blog posts  about Allsup and Advantage 2000 for the full story).  GENEX is no better! Did you know that GENEX Services was a wholly owned subsidiary of Unum until just recently, and that Unum remains their major client.  This tells you everything you need to know. 

I told this grateful woman she would be far better off hiring a private attorney to represent her in her Social Security Disability claim,  regardless of who the particular attorney is.   Attorneys have an ethical obligation to guard the client's secrets and confidences, as opposed to GENEX which is obligated to share personal information with Unum since Unum is paying their bill.  Money talks!

In other MS news, my partner Chris Redmond participated in a Bike-A-Thon recently to raise funds for multiple sclerosis research.  Finally, Chris' Uncle Ed Keegan, age 69 and still a top New York Life Insurance Agent, made headlines in Newsday by walking across Long Island in a T-shirt that read "Who Gives 100%?" to raise funds for MS.  Ed's daughter has MS.  Ed Keegan gives 100% ! Thanks Ed!

 

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It's all in your head!  You do not have "objective medical evidence" of a disabling condition!  Your symptoms are "self reported" and not supported by "testing"!  Any chronic fatigue syndrome (CFS) sufferer whose disability claim has been denied by either Social Security or an LTD insurance company has seen these infuriating phrases before.  As reported by Dr. Sanjay Gupta of CNN last week, a new study and test for CFS may put an end to this injustice.

Despite ample clinical evidence of disability from treating physicians, many ME/CFS and FM patients and couldn't get past "objective evidence" roadblock put up by ERISA disability plan administrators.  Social Security finally caved a few years ago by issuing a ruling telling Administrative Law Judge's that Chronic Fatigue Syndrome claimants did not need objective medical evidence to prove that they were disabled.  Like other auto-immune disorders such as fibromyalgia (FM), lupus and sarcoidosis, CFS is primarily diagnosed based upon the patient's reported symptoms. 

The new study involved stomach biopsies done through endoscopy which revealed a strong association between enterovirus and CFS.   While a confirmatory stomach biopsy might not change the course of treatment for any chronic fatigue syndrome patient, it could be the evidence that long term disability lawyers need to obtain benefits for clients from disability insurance companies.  Gotcha Unum and MetLife!   For any of my disability insurance claim clients fighting a CFS case, I will be sure to tell them to discuss an upper GI endoscopy with their treating physician.  It could mean the difference between winning and losing your long term disability claim.

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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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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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Turley, Redmond & Rosasco partner Chris Redmond has a long record of helping raise money to battle Multiple Sclerosis.  This year, the firm was pleased to help fight Multiple Sclerosis by sponsoring an individual bike rider in his local MS Bike fundraiser on July 21st in Pennsylvania.   Our law firm helped sponsor Chris Carson, brother of Linda Rosasco and brother-in-law of LTD Claim Division  partner Troy Rosasco.  Chris rode with the Peters & Wasilefski law firm team.   So far, the team has raised over $1,800.00! Chris is one of those real good guys this world needs more of.  Thanks Chris!

I just met Anne Davis, Esq. ,of the New York City Chapter of the National Multiple Sclerosis Society, last night.  Anne is joining with a group of  ERISA long term disability lawyers to try to persuade New York State to prohibit " discretionary clauses " in disability insurance policies and contracts. Discretionary clauses in ERISA disability income policies allow insurance companies to  insulate unfair claim denials from proper judicial review.  In a big win for consumers, New Jersey recently adopted rules banning discretionary clauses, despite fierce opposition from the powerful insurance industry.  Hopefully, New York State Insurance Superintendent Eric Dinallo will do the same.  This will go a long way in protecting the economic resources and dignity of those battling Multiple Sclerosis.

 

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Congratulations to my friend and fellow long term disability attorney Eve-Lynn Gisonni on her significant victory at the New York State Court of Appeals in Benesowitz v. MetLife.  This decision is a great victory for long term disability claimants who are denied benefits due to a "pre-existing condition clause" in their employer's LTD Summary Plan Description.  Credit is also due to Eric Dinallo, Governor Spitzer's new Superintendent of Insurance, who supported Eve-Lynn's position in an Amicus brief to the Court.

In Benesowitz, the Court ruled that claimants who apply for long term disability benefits in part due to a preexisting condition which was present at the time disability coverage began only have to wait 12 months before they can collect disability benefits.  Up until now, many disability insurance companies, including Unum, MetLife and Cigna , used preexisting condition clauses to unfairly deny claims forever.  Now, the Court has ruled that claimants in these fairly common situations will have a 12 month "waiting or elimination period" before being able to collect benefits.  For a 30 year old with a pre-existing history of cancer which reoccurs and causes permanent disability for the rest of her life, this will be an economic life saver if she is claiming long term disability benefits. 

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That's the rumor in the latest business press.  Having just digested the giant Travelers Insurance, MetLife is apparently on the prowl for its next corporate meal, and Unum Group might be ripe for swallowing.   But what impact would such a acquisition have on individuals claiming long term disability benefits from the "new undisputed disability insurance king"?  Probably not much.

As it stands now, neither MetLife nor Unum Group are great claims payers.  In the last month, I've had employees of these companies come to my office for representation because their own employers unfairly denied their ERISA disability claims.  If this is how MetLife treats its own employees, can you imagine how you will be treated. These two titans are motivated primarily by shareholder profits, not policyholders interests.  From a long term disability lawyer's perspective, it would be a perfect marriage in which both naysayers deserved each other.    But then again, it might be a good stock?!

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Patricia Kitchen of Newsday did a nice article on business professionals who blog in the cover story to the Money and Careers section of last Sunday's paper.  My good friend and fellow attorney Diane Pfadenhauer, who writes the Strategic HR Lawyer Blog, was featured along with my blog on long term disability claims.  We both have Kevin O'Keefe at Lexblog to thank for hosting and designing our blogs and keeping them easy to navigate for our readers.

The article stressed the roles our blogs play in providing useful information on specific topics to the public while also allowing us to express our professional "spin" on the issues.  Of course, I have suffered some ribbing from fellow attorneys since publication - mostly along the lines of "what is a blog?"  The print edition unmercifully had my mug shot front and center, and one good "friend" informed me that he stuck it on the refrigerator door right next to the plumber's magnet!   

I have since spoken to Steve Levy, a professional recruiter who was also profiled in the article and discussed employment opportunities for individuals with disabilities.  We will talk again. I haven't spoken to career strategy coach Deb Dib yet who was also profiled, but am sure we will have similar synergies.  See you in the blogosphere! 

 

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As an Air Force veteran myself, I have always had a soft spot for my disabled veteran clients who have put their life on the line to protect our country and our freedoms.  However, the United States Veterans' Administration has done an awful job over the years by denying legitimate VA Disability claims and allowing the system to have a now 400,000 case backlog.  This is is not the 'thank you" our young men and women returning from Iraq deserve if they are missing limbs.

Thankfully, help is on the way for disabled veterans fighting the daunting Veterans' Disability Claim process from us "controversial  lawyers".  A new law, originally sponsored by Senator Larry Craig (R-Idaho),  will finally allow disabled veterans to hire attorneys to fight their unfair claim denials or disability ratings.  The new law, effective June 20, 2007,  allows lawyers to enter the administrative disability determination process at the most critical stage - when evidence is being obtained to support the claim.  If they aren't running into a filing deadline, some disabled veterans are waiting until after this June 20th to file their appeals so they can do so with lawyers.

The system is so backward now that our law firm has been representing one New York disabled veteran in his claim for over seven years without a final resolution.  This case illustrates the old adage  "justice delayed is justice denied".  Under the old law, the disabled vet was on his own (he could not by law hire a lawyer) during the initial claim processing and the first appeal to the Board of Veterans' Appeals.  The Veterans' Administration only allowed attorneys to enter the process at the US Court of Appeals for Veterans' Claims, where the evidentiary record had already been closed.  This prevented the attorney from introducing any new evidence the veteran representing himself may have not known to submit.

Even the DAV (Disabled American Veterans), a formerly staunch opponent of the right to attorney representation due to  its desire to "protect the turf " of its own Veterans' Service Officers, seems to  now support attorneys in the process based on a recent Newsday article on VA disability claims .  The American Legion has always supported the right of the disabled American veteran to retain counsel or a law firm. 

Turley, Redmond & Rosasco attorneys have been practicing before the US Court of Veterans' Claims for over ten years.  Whether injured recently in Iraq or still suffering PTSD from Vietnam, do not hesitate to call our partner, David Tobias, Esq., in our Veterans' Disability Department toll free at 1- 877-NY-DBLAW.

 

 

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I was reading the magazine section of my Sunday paper this weekend and ran across a great article on online support groups by Peter Waite, the founder of HealingWell.com, a website devoted to online discussion groups for individuals with chronic illnesses.  I have always been a big fan of support groups for those with particular medical conditions, whether they be cancer, diabetes heart disease or some less common but equally disabling conditions.  However, I have always been dubious of recommending specific online disease forums due to the proliferation of bad medical information and questionable "lurkers".  Up until now, about the only Internet medical site I have recommended is MedlinePlus, sponsored by the National Institute of Health.  MedlinePlus is the starting place for my medical research.

Mr. Waite makes an excellent suggestion that anyone considering participation in an online support group first check out who sponsors the site (is it a drug company that wants to sell you its latest multiple sclerosis medication?) and if the site is accredited by the Health on the Net Foundation.  He also discussed proper online etiquette and the always sound mantra to check everything with your doctor.

My curiosity piqued, I got out of the recliner, sat down at my computer, and went to the HealingWell.com website.  It is well organize and has a user friendly interface.   More importantly, it has well attended discussion forums on diseases such as fibromyalgia, chronic pain, lupus, depression, arthritis, Crohn's Disease and ulcerative colitis, to name a few.  For those of you who are fighting a Social Security Disability claim or ERISA long term disability claim, this helpful site may give you some much needed support in the interim.  

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I was recently interviewed by a reporter for AM New York in an article on disablity insurance claims.  The article is a good overview of the reasons to have long term disability insurance and the potential problems that may arise when you make a long term disability claim.  It also appeared in the always excellent Disability Insurance Forums. Good reading!

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Congratulations to Turley, Redmond & Rosasco, LLP founder William J. Turley on being nominated last night as the Democratic candidate for the Suffolk County Legislature's 13th District, as detailed in today's Newsday. 

Besides being one of Long Island's leading workers' compensation lawyers, Bill will be an excellent county legislator come this November.  Bill was recently the sole honoree of the New York Workers' Compensation Bar at a fundraiser for "One in Nine", the breast cancer advocacy group.  Needless to say, everyone at our firm is extremely proud of Bill's past and future accomplishments.  Go Bill!

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Last week, the New York Daily News published a sad article about disability benefits and our client's 3 1/2 year struggle to obtain the Social Security Disability benefits she deserved entitled "Filing for Disability, but Finding Discouragement".   As detailed in the article, our client was mentally retarded and could not read or write. 

In mid-2003, she applied for Social Security Disability benefits.  Unbelievably, her claim was denied about 6 months later.  Our office filed an appeal called a "Request for a Hearing before an Administrative Law Judge" in the Queens Office of Disability Adjudication and Review.  Our client eventually appeared for a hearing before an Administrative Law Judge after waiting an additional 12 months.  At the hearing, the law judge called a special Social Security medical expert to testify.  The medical expert testified that our client was disabled under Social Security regulations.  End of story - right? No!

Despite  the testimony of his own medical expert saying our mentally retarded client was disabled, the judge again denied the claim in a poorly written decision a few months later.  This particular judge is known for horrible decisions. We then immediately appealed our client's case to the Social Security Appeals Council (a panel of reviewing judges) in Falls Church, Virginia.  Finally, in January 2007 the Appeals Council  fully reversed the original judge's decision and granted our client disability benefits, some 3 1/2 years after her initial application. 

As the claimant's mother said in the article, "when we needed the system, it wasn't there for us".  When the mentally retarded need retain disability attorneys to get the Social Security Disability benefits they deserve, you can only imagine the challenge the rest of you might have, especially in the New York City area.   

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Once again, Mark Harrington of Newsday continues to do a superb job of  uncovering previously unreleased documents about the dangers still lurking in the soil and air surrounding the former Hicksville Sylvania nuclear fuel rod fabricating plant, now owned by Verizon.  Yesterday, he published the fourth article in an ongoing series about the Hicksville nuclear site and its impact on thousands of workers. Harrington details the most recent March 2007 Army Corps of Engineers report about the proposed future cleanup of this "dirty" site contaminated with both radiological waste and chemicals such as TCE and PCE. Updating the health of my client, the article goes on:

Troy Rosasco, DePascale's Hauppauge-based attorney, said his client is preparing for surgery on May 17 to remove a tumor even as he recovers from the removal last month of half of the other lung. At the same time, he said, continued testing raises questions about assurances that the site was completely safe.  "It tells me that the State Department of Health...is operating fast and loose with data the US Army Corps says is missing" Rosasco said.

Despite winning his case after a trial over two months ago, Gerard DePascale is still without any workers' compensation payments due to the frivolous appeal filed by his employer, Hudson News Group.   All the while, every day another present or former employee who worked at this toxic "glow in the dark" work site calls my office to get on the list of potential future plaintiffs in a future major litigation to provide medical monitoring for all those exposed.  Even if you are currently healthy, you may be entitled to future medical monitoring.  If you are currently sick, you may have additional legal remedies.  If you would like your name placed on the contact list for any future litigation or discuss any other potential claim, please call Troy Rosasco at 631-582-3700, ext. 123.

 

 

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US Senator Charles Schumer announced in a Newsday article yesterday that treatment, medical monitoring and potential compensation are on the way for potentially thousands of workers who formerly worked atop the nuclear waste site owned by Verizon in Hicksville, New York.  In addition to announcing the new benefits for workers, a frustrated but determined Senator Charles Schumer stated that "I will hold the Army Corps' of Engineers feet to the fire" and "the site should have been cleaned up yesterday", referring to his previous efforts in 2004 to achieve a full cleanup.   

Shocked that their efforts in 2004 to secure a federal cleanup of the Hicksville, Long Island,  New York nuclear waste site have not been completed to date, both Senator Charles Schumer and Congressman Pete King vowed to to cut through the bureaucracy and finger pointing.  Both Schumer and King were reacting to a letter request for intervention from Troy Rosasco, the attorney for Gerard Depascale, who the New York Workers' Compensation Board recently found contracted a rare cancer while working for the Hudson News Group on this site and was awarded lifetime workers' compensation and medical benefits.  In a previous Newsday artcle on Mr. Depascale, Mr. Rosasco compared the illnesses facing the Hicksville workers as similar to the ilnesses facing 9/11 workers who were exposed at Ground Zero.   "Over the course of the next 10-20 years, I believe we are going to see more cases of cancer and other illnesses related to radiation at this site", said Rosasco.

This new aid promised by Senator Schumer will be especially welcome to those workers who were exposed to ionizing radiation  and other toxins on the site and are now in fear of getting sick in the future.  In addition, the Army Corp of Engineers promised to return to the site this May for more investigation.    Turley, Redmond & Rosasco, LLP is compiling a list of  workers who ever worked on this site and may have been exposed to radiation and other chemicals.  Please call Troy Rosasco, Esq. at 631-582-3700, ext. 123 if you worked at this site and would like to be on the list for possible testing, treatment and/or compensation.   We will keep you posted on further developments. 

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Shocking.  Revolting.  Sad.  Tragedy.  Anger.  Way off the seemingly inconsequential topic of long term disability and social security disability claims today, but we feel compelled to offer our sympathies and prayers to all those impacted by the horrific shootings at Virginia Tech today.  May God be with you all. 

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Welcome to the newly designed New York Disability Law Blog!  As you will notice, I changed the official title of the blog from "The Disabled Worker Law Blog" to the  more informational "New York Disability Law Blog".  This is in keeping with the blog's purpose of providing useful information and insight regarding disability claims to fellow attorneys and the general public. 

To this end, I am excited to announce the creation of the blog's "Disability Law Library" which will be continually added to and updated.  I hope that this will eventually become the first place attorneys and claimant's turn to when researching disability claims and legal issues.  Still in it's formative stages, the library will have sections on long term disability and ERISA claims, Social Security  disability, New York workers' compensation, civil service disability pensions, scaffold /ladder /construction site lawsuits and a new section on the unfortunate expanding area of veterans' disability claims.

In addition, in 2007 we hope to do a better job collaborating with fellow bloggers such as Jonathan Ginsberg and his excellent Social Security Disability Radio Blog.  Please feel free to comment about the new design and let me know how the New York Disability Law Blog can better serve your needs.  Talk to you soon.

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Well, my seven year old son didn't get  "an official Red Ryder carbine-action, 200-shot, range-model air rifle with a compass in the stock" this Christmas, but he now has enough "weapons of mass destruction"  to justify Dick Cheney's armed search of our property (I better duck!)   My daughter is content with her yo-yo and Rubik's Cube.  Chock it up to testosterone!

All of us at the New York Disability Lawyer Blog and Turley, Redmond & Rosasco wish you and your families a very Merry Christmas and Holiday Season!  See you in the New Year!

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On Monday, November 13th, I will be lecturing at the Suffolk County Bar Association's Plaintiff's Personal Injury Committee on the always confusing subject of Workers' Compensation Law Sec. 29, liens, consent and Kelly calculations.  The Kelly calculation formula derives from the seminal New York Court of Appeals decision in Kelly v. State Insurance Fund, 60 NY2d 131 (1983).  The Kelly case said that  the workers' compensation carrier must pay it's equitable share of the claimant's litigation costs based upon their "total benefit" from the claimant's recovery.  This "total benefit" includes both the amount of the lien they recoup and the present value of future workers' comp benefits they will not have to pay (credit/offset rights) due to the claimant's recovery.  We will be handing out a Kelly Calculation Worksheets that personal injury lawyers can use and will practice on several hypothetical cases.  Bring your calculators! 

In addition, we will discuss the impact of the recent Appellate Division case of Burns v. Varriale, 2006 Slip Op. 6346 (3d Dept.) which states that Kelly may not apply in some permanent partial disability cases. My  friend and fellow New York legal blogger Matt Lerner at the New York Civil Law Blog has an excellent synopsis of Burns, as does fellow workers' comp attorney Ray Seligman in the Albany Bar Association newsletter - so the issue is hot.

The seminar panel will include notable experts such as Leonard Tartamella, Esq. giving the Personal Injury attorney's perspective and Robert Manning, Esq. giving the workers' compensation defense counsel perspective.  It starts at 6:00pm and is worth three continuing legal education credits.  Call the Suffolk Academy of Law on Monday at (631) 234-5588 if you would like to sign up.  There are still a few seats left.

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I am humbled to have been recently elected by my colleagues to be their Second Circuit Court of Appeals representative on the NOSSCR Board of Directors.  I look forward to seeing many of them at our upcoming national disability lawyer conference in Phoenix, Arizona and representing the interests of all Social Security Disability claimants.  Remember - President  Bush still wants to privatize Social Security in his last two years in office.  We must prevent this ill-conceived idea.

For those of you who have never attended a NOSSCR conference, I strongly recommend that you do.  Not only are the Continuing Legal Education seminars of the highest quality, but the opportunity to meet and learn from some of the sharpest disability attorneys in the US is a great asset.  In fact, I am sure I would not have developed our ERISA and professional long term disability practice had it not been for attending an eye opening seminar given by California long term disability lawyer legend, Frank Darras, at a prior NOSSCR conference

Led by Executive Director Nancy Shor, NOSSCR is the  largest disability lawyer association in the United States and is well known to our representatives in Washington, DC for protecting the rights of Social Security Disability claimants.  As part of the NOSSCR leadership team, I am committed to preserving social security disability (SSD) and supplemental security income (SSI) benefits for all individuals with disability claims.    

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In April of this year, New York joined the growing list of states banning discretionary clauses in ERISA long term disability policies, much to the benefit of disabled workers.  Unfortunately, the New York State Insurance Department recently rescinded it's prior advisory letter in favor of proceeding with formal rule making in the future.  While it is clear that New York still feels that "discretionary clauses" are unfair to ERISA long term disability plan participants, this newest circular letter does subject current disability claimants to uncertainty in the near future.

New York Insurance Department Circular Letter # 8, dated 3/27/06, required long term disability insurance companies to remove "discretionary clauses" from disability income policies within 30 days they were "unjust, unfair, inequitable,  misleading , deceptive or contrary to public policy".  New Circular Letter # 14, dated 6/29/06, super cedes and withdraws Circular #8, and states that the Department will be drafting regulations which would "prohibit the use of discretionary clauses".  In the interim, the Department "suggests" that long term disability insurers remove discretionary clauses from policies.

While the latest statement from the New York Insurance Department takes a little wind out of the initial announcement in March, it could lead to stronger permanent regulations which will have more impact in court.   In addition, the formal rule making process allows for public comment.  You can be sure the long term disability carriers will use this opportunity to water down the new regulations to their economic benefit.   You can also be sure that Turley, Redmond & Rosasco will counter all such comments vigorously to protect disabled policyholders in their long term disability claims.

 

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The new regulations changing the Social Security Disability Claims Process take effect August 1, 2006.  Many  Social Security Disability lawyers  have commented regarding the pros and cons of these new rules since the original Notice of Proposed Rule Making (NPRM) last year.  Thankfully, the Social Security Administration has taken some of our comments to heart and modified some of the proposed rules to benefit claimants.

From my perspective, the most claimant friendly improvements to the new Disability Service Improvement Process (DSI) are twofold.  First,  Social Security Disability Attorneys are not required to submit adverse medical evidence, as was originally proposed in the NPRM.  If your law firm handles workers' compensation claims like mine, you always have a few completely "terrible, no good, very bad" IME reports (to paraphrase "Alexander") in your file.  Submitting such reports to certain ALJ's would give them the ammo to shoot your claimant down.  Under my ethical obligation to "zealously" represent my client, I have always refused to submit IME reports even when an ALJ "orders" me to submit them.  My standard response to these ALJ's is to remind them of their subpoena power and give them the workers' compensation insurance carriers address.  To date, no ALJ has ever taken the time to issue such a subpoena.   Perhaps, upon reflection, they agreed with my argument that IME reports prepared by a party with adverse interests to the claimant generally lacked probative value...perhaps? 

Second, Social Security Disability Lawyers will now have a 75 day notice of an Administrative Law Judge hearing.  This is a great improvement over the current 20 day notice requirement which often sent us scrambling at the last minute to obtain the still outstanding residual functional capacity (RFC) form which has been sitting on the treating physician's desk for the last three months.  Now it can sit on the doctor's desk for at least another month!

Other changes include Quick Disability Determinations (QDDs) for clearly disabled claimants, establishment of a new Medical and Vocational Expert System (MVES), and  the new position of the Federal Reviewing Official (RO), a government  attorney who looks at claims between  initial denial level and the ALJ hearing level, and a new Decision Review Board (DRB) replacing the old Appeals Council.  For those of us who remember the utter failure of old Adjudication Officer (AO) position,  let's hope the RO position more resembles the successful Senior Attorney program.  These changes are being implemented gradually accross the country, starting in Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont).   On August 1st, all Social Security Disability attorneys will be playing on a new ballfield!

 

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