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Disability

Monday, April 17, 2017

What Illnesses/Injuries Are Covered By NY Disability Benefits Insurance?


New York employers are required to offer disability benefits coverage to employees injured out of the job. Employers can obtain this coverage for their employees through an insurance carrier approved by the state’s Worker’s Compensation Board or, if they are large employers, they can seek self-insurance authorization from the same Board.  Seeking disability benefits can often be an uphill battle that is best fought with the help of an experienced disability insurance lawyer.
Read more . . .


Thursday, March 16, 2017

Do I Qualify For Social Security Disability Benefits?


Social Security is a way for millions of Americans to get financial assistance if they are disabled. However, it is estimated that the Social Security Administration rejects about 57 percent of the applications received in New York.

If your application is rejected, there is an appeals process where you can plead your case to an administrative law judge, but this is not something you want to do alone.  The Social Security Administration (SSA) has a relatively clear standard to decide if someone is eligible for benefits, and has a step-by-step process that all applications go through. Having an experienced Read more . . .


Tuesday, December 13, 2016

Atria Senior Living Settles Lawsuit Alleging Discrimination Against Deaf or Hard of Hearing Seniors


Is it discrimination if a senior living center fails to make reasonable accommodations for the hearing impaired?

Many senior citizens suffer from impaired hearing or deafness. Yet a major provider of assisted living allegedly refused to provide sign American Sign Language interpreters at some of its facilities, despite requests for them.

Settlement Includes a Number of Nursing Home Operators and Facilities

Now the assisted living operator, Atria Senior Living, has agreed to settle a disability discrimination lawsuit brought against it by the Fair Housing Justice Center in New York. The complaint involved Atria’s Riverdale residence in the Bronx and its Long Island residence, Atria South Setauket.


Read more . . .


Monday, November 14, 2016

Disabled New Yorkers Sue Over Hazardous Curb Cuts


Most New York City pedestrians barely notice the condition of "curb cuts" -- the small ramps on every street corner that bring the sidewalk down to the level of the street. But poorly maintained curb cuts are a serious obstacle for New Yorkers with disabilities, who depend on them to travel around the city. Now a group representing disabled New Yorkers is suing under the Americans with Disabilities Act (ADA) to force the city to do a better job.

Well-Maintained Curb Cuts Are Legally Required

Federal law requires cities to install and maintain curb cuts to enable the disabled to navigate streets safely.


Read more . . .


Monday, September 26, 2016

Disability Lawsuit Targets Uber's Lack of Wheelchair Access


While Uber has transformed transportation in New York City, there is one area in which the innovative company has often lagged behind the yellow cab industry—providing wheelchair accessible transportation for New Yorkers with disabilities.

Now a Brooklyn woman has taken the ride-sharing company to court. In a new lawsuit, the disabled New Yorker says that Uber's app purporting to link customers to wheelchair-accessible yellow or green cabs does not work. In court papers, she calls it "a paltry smokescreen.


Read more . . .


Sunday, August 28, 2016

Lawmakers Consider Expediting SSDI for People with ALS


Why is there a 5-month waiting period to receive SSDI?

While individuals with disabilities are eligible for Social Security disability benefits, there are a number of waiting periods associated with the claims process. First, there is a waiting period  from the application date until receipt of the first disability check. In light of the fact that most initial claims are denied and subjected to a series of reviews, this waiting period is often quite long.

Once an application has been approved, however, there is another five-month waiting period, and the SSA does not pay benefits during this time. Now, Congressional lawmakers are considering legislation that would waive this waiting period for people with amyotrophic lateral sclerosis (ALS).


Read more . . .


Tuesday, August 9, 2016

Suit by Former NFL Player Highlights Difficulty of Proving Disability from Brain Injuries


Qualifying for disability payments because of a head trauma has always presented challenges. Brain injuries are often invisible and it can be difficult to obtain objective proof of a disability. Insurers seem especially reluctant to acknowledge the seriousness of medical complaints when the brain is involved.

Insurer Accused of Deliberately Creating Burdensome Requirements to Avoid Paying Claims

A recent lawsuit over disability benefits by Haruki Nakamura, a former professional football player, vividly illustrates the problem.


Read more . . .


Thursday, July 21, 2016

Large Insurers Accused of Fraud in Denying Disability Claim


When can a policyholder sue an insurer for its tactics in refusing to pay disability benefits?

Obtaining disability payments is difficult even in the best of circumstances. Applicants must meet countless medical requirements, obtain letters and test results from doctors, and file reams of paperwork. But the task is especially difficult when an insurer may be committing fraud.

Plaintiff Seeks Damages for Breach of Contract and Bad Faith

That is the allegation at the heart of recent disability lawsuit against Unum Group, The Paul Revere Life Insurance Company, and New York Life Insurance Company.


Read more . . .


Thursday, July 21, 2016

PBA Pushing for Disability Benefit Parity for Newer City Cops


What disability benefits are being provided for NYPD officers?

Patrolmen's Benevolent Association President Patrick Lynch has been engaged in a running dispute with New York City Mayor Bill de Blasio over disability benefits for City police officers. Currently, cops hired after July 2009 do not receive the same benefits as veterans. In fact, newer officers only receive 50 percent of their final pay for career ending injuries, while veteran officers receive 75 percent.

Now the city police union is enlisting the aid of Gov. Andrew Cuomo in a push to get the same disability benefits for newer cops.


Read more . . .


Monday, June 27, 2016

Retired NYPD Cop Convicted of 911 Disability Fraud


How much of a problem is disability fraud?

Recently, a retired NYPD officer was convicted in connection with a massive $400 disability fraud scheme. The officer was among more than 100 people who were indicted by the New York District Attorney in 2014. The retired cop filed a false SSDI application, claiming to be suffering from a mental illness. From 2005 to 2013, he collected $2,000 a month that topped out at $200,000 in ill gotten benefits.

The key players in the scheme included a retired NYPD officer, a disability consultant to the police union, an attorney and a pension consultant.


Read more . . .


Monday, May 16, 2016

Need Social Security Disability Benefits? Get in Line


Why are the wait times so long for obtaining disability benefits?

Nothing is for certain, or so it's been said, and anyone can become disabled at any time and not be able to work. Fortunately, the Social Security Administration provides disability benefits to those who have a medical condition that is expected to last at least a year or result in death. That's the good news.

The bad news is that the system is plagued by a backlog of cases that cause significant delays for those who have applied for disability benefits. There have been cases where some individuals have died before their cases were even heard; and others who are suffering with debilitating physical and mental disabilities are often forced to wait in agony.


Read more . . .


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