If You Are Working, You Are Not Disabled

by Steven Tregea I frequently talk, or trade emails, with people who are thinking about applying for Social Security disability but are still working (and earning more than the SGA amount of $1,000 per month). Sometimes people are surprised that they cannot still work and apply for disability benefits. Sometimes they want to discuss the … Continue reading If You Are Working, You Are Not Disabled

Does an employer’s payment of medical bills constitute an admission of liability?

by Steven Tregea Question: Does an employer's payment of medical bills constitute an admission of liability? Recently the Commonwealth Court handed down a ruling in Securitas Security Systems USA v. WCAB (Schuh).  The ruling dealt with whether an employer's payment of medical expenses constituted an admission of liability such that the employer was estopped from … Continue reading Does an employer’s payment of medical bills constitute an admission of liability?

Completing the Disability Report – Appeal

Having to complete the Disability Report – Appeal (Form SSA-3441-BK) means that your claim has been denied. This form accompanies the appeal of the unfavorable determination of your application for Social Security disability benefits. That initial denial is often a shock to people who have applied for disability benefits because they can no longer work. Don’t … Continue reading Completing the Disability Report – Appeal

Tell Your Doctor to Write Down Your Complaints

One of the best things an individual can do when applying for Social Security disability benefits is to make sure that all of the complaints and medical issues are in writing. Be sure to tell the doctor your symptoms, and make sure that your doctor writes them down. Your medical records – the doctor’s treatment … Continue reading Tell Your Doctor to Write Down Your Complaints

SSD for Individuals with Mental Health Conditions

Your mental health condition can be the basis for a successful Social Security disability or SSI claim, if the condition is severe enough to prevent you from working. Simply having a diagnosis such as “anxiety,” “depression” or “bipolar disorder,” is not enough for the Social Security Administration to grant you benefits. Rather, you must show that your … Continue reading SSD for Individuals with Mental Health Conditions

New Standard for Suspension of WC Benefits when Claimant Receives a Pension

In 2005 the Commonwealth Court held that an employee collecting a pension is presumed to have withdrawn from the work force. Under this rule, the court held that it was ” the responsibility of the claimant to rebut this presumption with evidence that he has continued to work or with evidence that he has been … Continue reading New Standard for Suspension of WC Benefits when Claimant Receives a Pension

SSD Benefits vs. Early Retirement Benefits

Many people who are approaching the early retirement age of 62 are unable to continue their employment due to a physical or mental condition. Typically, they just take the early retirement, and never consider the possibility of Social Security disability. However, disability benefits are preferable to early retirement benefits. Disability benefits are paid at the … Continue reading SSD Benefits vs. Early Retirement Benefits

Commonwealth Court Brings Clarity to Hearing Loss

The Commonwealth Court has handed down three new cases interpreting the 1995 amendments to the PA Workers’ Compensation Act (the Act) governing the compensability of hearing loss. These 1995 changes are commonly referred to as Act 1 of 1995. The new cases bring new clarity to certain aspects of the law. In the first case, … Continue reading Commonwealth Court Brings Clarity to Hearing Loss