| Supplemental Security Income Redeterminations |
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| Eligibility for Supplemental Security Income benefits turns on various criteria including that the individual have available only "limited" income and resources. Once the individual's eligibility is established, periodic redeterminations will be conducted to ensure that the individual still meets this eligibility criteria and is receiving the appropriate amount of benefits. Generally, a redetermination will take place for each individual every one to six years.More... |
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| "Past Relevant Work" in Social Security Disability Evaluation |
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| In determining an individual's entitlement to social security disability benefits, his ability to perform past relevant work will be examined. As part of the evaluation process, the individual's residual functional capacity (RFC) is determined. If the RFC assessment shows that the individual can either perform the actual duties of his past jobs or that he can perform the duties of his past occupations as generally required by employers throughout the United States, he will not be considered disabled.More... |
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| Injury From Usual Exertion or Exposure Concept |
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| "Injury From Usual Exertion or Exposure" Concept)More... |
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| Insurance Carrier Conflict of Interest |
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| In the arena of workers' compensation and subrogation, the employee may be significantly impacted by the workers' compensation carrier's conflict of interest. The most negative impact would be found in those states denying the injured employee the right to maintain an action against the third party who actually caused his injury. Essentially, the carrier's principle conflict would arise when it is not only the employer's workers' compensation carrier but also the liability carrier for the third party. When this happens, the carrier's interest in paying as little as possible for the claim may be in competition with the employee's right to receive the best recovery possible.More... |
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| Acts Benefiting Employee |
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| When an employee undertakes an activity that is outside his regular or established duties, the question arises whether an injury resulting from such activity was incurred during the course of his employment. Though compensation is not altogether likely when the act benefits the employee, there are instances where it is possible for an employee to recover workers' compensation benefits. With respect to self-improvement activities, courts have allowed compensation where the employee was injured while attempting to register for a vocational class. The decision hinged on the fact that the vocational education was called for in the contract for hire. Additionally, an employee required by his union to take educational courses, which were paid for by the employer, was allowed compensation.More... |
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