Q. Can I be fired for an on-the-job injury?
A. In a roundabout way, yes. If you're hired for a specific job and then unable to perform those job duties due to the injury, your employer can let you go. An employer is not required to create a job to accommodate your restrictions in the State of Florida.
Q. If my employer creates a position to accommodate my restrictions due to the workplace injury, do I have to take it?
A. Yes. You must return to your workplace and attempt to perform the job your employer offers you, even if your employer changes your shift/work-week hours, wages, or department.
Q. What do I do if my employer makes me work outside of the restrictions that my doctor has assigned?
A. Explain to your employer that your doctor has restricted your ability to do whatever it is that he/she is requesting. If your employer insists, stop working. Call your doctor immediately to inform him/her of what your employer is attempting to do.
Note: Although the State of Florida allows 30 days from the date of accident to report a workplace injury, you should immediately report the incident to your employer. You have the right to medical care for your injury, and your employer or insurance comapny can authorize a medical provider. Please feel free to contact my office at 904-425-0038 to schedule one (1) free attorney consultation regarding your claim.
Wednesday, February 23, 2011
Thursday, February 10, 2011
Ashley R. Wren, P.A.: What is Social Security Disability?
Ashley R. Wren, P.A.: What is Social Security Disability?: "Social Security Disability (SSD) is a benefit based on the amount of time you worked in the past and the amount of money you have paid ..."
Ashley R. Wren, P.A.: What is Chapter 7 Bankruptcy?
Ashley R. Wren, P.A.: What is Chapter 7 Bankruptcy?: "Chapter 7 bankruptcy is filed by persons and/or businesses. It is a total discharge of most debts EXCEPT: child support obligations; mo..."
Ashley R. Wren, P.A.: Considering Filing for Bankruptcy?
Ashley R. Wren, P.A.: Considering Filing for Bankruptcy?: "If you find yourself having to choose between buying groceries and medications or paying the bills, then filing for bankruptcy may be an opt..."
Ashley R. Wren, P.A.: What is Supplemental Security Income?
Ashley R. Wren, P.A.: What is Supplemental Security Income?: "Supplemental Security Income (SSI) is a disability benefit available to those who do not meet the Social Security Disability (SSD)..."
What is Supplemental Security Income?
Supplemental Security Income (SSI) is a disability benefit available to those who do not meet the Social Security Disability (SSD) required quarters (please see previous blog entry on SSD.) To qualify for SSI, you must meet the same criteria for SSD plus have low income and few assets.
Social Security determines an SSI award by reviewing several factors, one of which is "countable income." For example, if you live with your parents who provide food and shelter for you, Social Security may consider this "income" and reduce your SSI award according to the dollar amount they've attached to the provided food and shelter. The maximum SSI amount per month is $674. (For more information on Social Security's rules on qualifying for SSI, visit http://ssa.gov/pubs/11000.html#part2).
Q. Can you help me apply for SSI?
A. I am always available for one free consultation with potential clients; however, I recommend that you start the initial process on your own so that you would not have to pay me an attorney's fee should you qualify for SSI. I advise that you call 1-800-772-1213 and apply via phone or visit your local Social Security Office. If you are denied, then please contact my office immediately so I can file a Request for Reconsideration within 60 days of the date on your denial letter.
Social Security determines an SSI award by reviewing several factors, one of which is "countable income." For example, if you live with your parents who provide food and shelter for you, Social Security may consider this "income" and reduce your SSI award according to the dollar amount they've attached to the provided food and shelter. The maximum SSI amount per month is $674. (For more information on Social Security's rules on qualifying for SSI, visit http://ssa.gov/pubs/11000.html#part2).
Q. Can you help me apply for SSI?
A. I am always available for one free consultation with potential clients; however, I recommend that you start the initial process on your own so that you would not have to pay me an attorney's fee should you qualify for SSI. I advise that you call 1-800-772-1213 and apply via phone or visit your local Social Security Office. If you are denied, then please contact my office immediately so I can file a Request for Reconsideration within 60 days of the date on your denial letter.
Wednesday, February 2, 2011
What is Social Security Disability?
Social Security Disability (SSD) is a benefit based on the amount of time you worked in the past and the amount of money you have paid into the system. Think of it as a 401(k). On every paycheck you've received, an amount was allocated to FICA--that's the portion of your paycheck taken by the government. If you've worked 10 out of the last 20 quarters and determined to be disabled or unable to work by a doctor, then you may be entitled to get some of that money paid back to you.
SSD is not a right. You are only entitled to this benefit if you have paid into the system a sufficient number of quarters.
Q. How much SSD would I be entitled to?
A. Each awarded amount is different. It is based on the amount of money that you have paid into the system.
Q. Can I work and still keep receiving SSD?
A. Yes, you can earn up to $850 per month and still be entitled to SSD benefits.
Q. How do I qualify for SSD if I'm disabled?
A. SSD is not based on whether you feel that you're disabled; it's based on what a doctor says that you can or cannot do. Also, SSD takes into consideration your work history over the last 15 years to determine whether any of your job skills can transfer into another profession. In some cases, if you're found to have the capacity to sit and take tickets in a movie theater, then you are not "disabled" for the purpose of SSD. The doctor's restrictions are key to receiving SSD.
You can file for SSD by phone at 1-800-772-1213 or by visiting your local Social Security Office. When completing the initial application, be sure to mention all dependents because they too may be entitled to benefits if you are awarded SSD. If you are denied, contact my office immediately so I can file a Request for Reconsideration on your behalf. Requests must be filed within 60 days of the date on the denial letter.
SSD is not a right. You are only entitled to this benefit if you have paid into the system a sufficient number of quarters.
Q. How much SSD would I be entitled to?
A. Each awarded amount is different. It is based on the amount of money that you have paid into the system.
Q. Can I work and still keep receiving SSD?
A. Yes, you can earn up to $850 per month and still be entitled to SSD benefits.
Q. How do I qualify for SSD if I'm disabled?
A. SSD is not based on whether you feel that you're disabled; it's based on what a doctor says that you can or cannot do. Also, SSD takes into consideration your work history over the last 15 years to determine whether any of your job skills can transfer into another profession. In some cases, if you're found to have the capacity to sit and take tickets in a movie theater, then you are not "disabled" for the purpose of SSD. The doctor's restrictions are key to receiving SSD.
You can file for SSD by phone at 1-800-772-1213 or by visiting your local Social Security Office. When completing the initial application, be sure to mention all dependents because they too may be entitled to benefits if you are awarded SSD. If you are denied, contact my office immediately so I can file a Request for Reconsideration on your behalf. Requests must be filed within 60 days of the date on the denial letter.
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