Posts

Social Security and being “insured” for benefits

If a person becomes disabled, for any reason, physical and/or mental conditions, and the disability is expected to last for at least 12 months, they should apply for Social Security Disability and Social Security Supplemental Disability benefits. To qualify for the Social Security Disability benefits or SSDI, the person applying must show the disability began while they were “insured” for […]

Read More

Good News for Social Security Solvency Keywords

Users searching for Social Security, solvency, solvent, disability, and Medicare keywords are continuing to receive positive information. Finally, some very good news about the Social Security trust fund. In a summary report published by the Social Security and Medicare Trustees, a number of important findings were made: Over the 83 year history of Social Security, there is an asset reserve […]

Read More

Changed Approach to Evidence in Social Security Disability Cases

There have been some changes in the Social Security Disability regulations that have affected the ways in which the review of the issue of Social Security Disability is conducted. In years past, according to both Social Security Regulation and according to Federal District Court determinations in the Western states associated with the 9th Circuit, the opinion of a treating physician […]

Read More

What Trump Gets Wrong About Social Security Disability

After promising voters to not touch Social Security, the Trump administration has proposed a budget(1) to Congress that would cut $72 billion from Social Security disability. This move, not supported by the facts, is based on the belief is that a significant number of those on Social Security disability can actually work. In reality, data clearly shows that fraud is […]

Read More

Medical Treatment in a Workers Compensation, Industrial Injury, or Occupational Disease Claim

There are often stumbling blocks placed in front of injured workers when they’re trying to get medical treatment. Some of the Obstacles Can Include: That the condition being treated is not proximately caused by the Industrial injury/disease; That the treatment proposed is not reasonable and necessary; That the Industrially related conditions have reached maximum medical improvement. Employers, and sometimes the […]

Read More

2017 Law Day Luncheon: Bringing the Community Together

Calbom & Schwab attorneys Jeff Schwab and Ashley Grout recently attended the 2017 Law Day Luncheon in Wenatchee on May 12. Law Day brings together members of our community and recognizes our outstanding members of the Chelan-Douglas Bar Association. Proceeds from Law Day also ensure that low-income individuals and families in our community can access justice by receiving free legal […]

Read More

Your Right to Re-Open Your Workers Compensation Claim

Generally speaking, once a Worker’s Compensation claim is closed, a worker has the right to reopen that claim if the condition objectively worsens. There are some time limits that apply. If you applied to reopen within seven years of the closure of your claim, you have a right to obtain further medical treatment, consideration of time loss benefits, consideration of […]

Read More

Determining Time Loss Rate for Work-Related Injury

The rate at which time loss benefits are calculated is affected by the number of “children” the worker had at the time of injury. By statute, an injured worker is entitled to an increase in their timeless benefit of 2% of their wages at the time of injury, for any child dependent they had at the time of the industrial […]

Read More

A Worker’s Right to Choose Their Attending Physician

Under Washington law anyone injured in the course of his or her employment has a right to choose who will treat them. There are some employers, and sometimes situations in dealing with the Department of Labor and industries, where a particular treating source is recommended to the worker. Some employers will go as far as telling an injured worker/employee that […]

Read More

Social Security Offset of Worker’s Compensation

In Washington State, RCW 51.32.220 allows for the offset of two types of monetary benefits if an individual receives payments for Social Security Disability. Those two state benefits are temporary total disability and permanent total disability, colloquially known as time loss and pension. Notice that the statute does not permit the state to reduce awards for permanent partial disability, colloquially […]

Read More