Why Can't You Work?

Posted on June 23, 2008 by Paula Strand

Why Can’t You Work?

“Why can’t you work”, I ask the client. “Because I have arthritis”, replies the claimant. The diagnosis is helpful as a starting point but it doesn’t really tell me why the individual can’t work.
What matters is how badly the person is affected by the condition/disease. This is true for almost all conditions, even cancer.

Granted the diagnosis of cancer is scary to anyone, but there are many cancers which can be treated and cured in far less than 12 months, with little to no lasting effect. Of course, there are cancers which cause great and, often, prolonged suffering. The issue in each case is how sick is this particular cancer patient and how long is this person going to remain sick.

While the diagnosis of cancer strikes fear in the hearts of most people, the majority of people do not think of skin diseases being disabling. And, as a rule, while they are annoying, they are not considered disabling. Nonetheless, there are cases in which a skin disorder can rise to the level of disability.. The severity of skin conditions is assessed by considering the extent of the lesions, frequency of flare-ups, how the symptoms limit the particular individual, the extent of the treatment, and how the treatment affects the individual.

In the case of my client with arthritis, the question is “how is this individual affected by his/her condition”? In determining this, one must look at many factors including what objective findings are present, which joints are affected, how does this effect the person’s ability to walk, sit, stand, lift, etc, whether there are exacerbating factors such as obesity, whether there are side effects from medication that imposes limitations on one’s ability to concentrate, stay on pace, and/or persist at tasks, whether assistive devices are necessary, and whether there are any joint deformities, etc.

With very few exceptions, the mere fact that a person has a certain disease does not guarantee that the person will or will not be found disabled. It all depends on how sick/impaired the individual is. Remember that the diagnosis alone will very rarely be enough to prove disability.


Sources: 20 CFR §404, Subpart P, Appendix 1, www.nosscr.org

To learn more about social security disability law issues please click social security disability issues.  To learn about our social security disability lawyer in Maryland, please click social security disability lawyer.

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PIP Insurance

Posted on April 14, 2008 by Jason Fernandez

WHAT IS PERSONAL INJURY PROTECTION?
Automobile insurance policies offer many different types of coverage: property, personal property, uninsured motorist, under insured motorist, collision, rental, bodily injury, and personal injury protection (PIP). PIP is primarily available to pay medical bills related to an automobile accident and, a percentage (85%) of lost wages due to disability from injuries from a motor vehicle accident. What coverage is required varies from state to state. In Maryland, PIP must be offered by insurance carriers to customers, who then have the option of waiving or denying the coverage.  Maryland Pip Studies

WHAT ARE THE ADVANTAGES OF HAVING PERSONAL INJURY
PROTECTION?
There are numerous advantages to PIP benefits. First, customers are entitled to the benefits regardless of who was at fault for the accident. This means that even if you caused the accident, there are benefits in your car insurance policy that you can use for your medical expenses and lost wages. Second, since fault does not need to be determined, medical bills can be paid without unnecessary delay. Maryland law requires that the PIP insurance provider take action on PIP claims within 30 days of submission of a medical bill or lost wage claim. Third, PIP can increase the amount of compensation obtained from the at-fault party’s insurance. An injured person can make a legal claim for medical bills even if PIP has already paid them, unlike health insurance which must be paid back. Fourth, PIP covers a variety of people thereby filling insurance gaps. PIP is available to all family members of the insured who resides in the same household, permissive drivers, guests/passengers in the insured’s vehicle, and pedestrians injured as a result of the accident. It is important to know that PIP money is not available, however, to those who have actively chosen to waive it under their own insurance policy, even if they are injured as passengers in a car that does have PIP coverage. In short, waive it on your policy, and you waive it for yourself on all insurance policies in Maryland.   Maryland Approved Insurance Companies.

HOW MUCH COVERAGE SHOULD I HAVE?
PIP coverage is limited to the amount of coverage the policy carries. Policies are usually
written in three amounts: $2,500, $5,000 and $10,000. The standard, and most common, amount is $2,500. Considering the benefits of PIP, I recommend that customers purchase as much as they can afford (high wage earners should always purchase the maximum amount of insurance possible). The legal system is slow. Recovery from the at-fault party can take months, even years, depending on the severity of the injuries. During that time period, there are precious few avenues for compensation for injured persons. PIP can pay outstanding medical bills before they go to collections and affect a person’s credit history. PIP also offers these people a source of income, if disabled, during the long road to recovery.

To learn more about PIP or personal injury issues, please see personal injury law.  To learn more about our personal injury lawyers, please click on personal injury lawyers maryland and read the firm bios on Andrew Bederman, Roger Greenberg, or Jason Fernandez.

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