Schott Mauss & Associates, PLLC
Helping Iowans Who Are Injured And Disabled Obtain The Benefit They Deserve

Des Moines Disability And Injury Legal Blog

What is the Compassionate Allowances program for SSD benefits?

The onset of a debilitating injury or illness can be frightening, stressful and overwhelming. While an individual in Iowa must think about how the medical condition will affect his or her health, he or she must also consider how he or she will make ends meet. This can be especially challenging when the medical condition is question is costly to treat and leaves an individual unable to work to earn a wage to pay for that treatment.

Fortunately, Social Security disability benefits may be obtained if a person can show that he or she meets federal requirements. While this is oftentimes a tricky process that requires the submission of extensive medical evidence, the process can be more straightforward for those who are suffering from medical conditions that are obviously disabling. The Social Security Administration recognizes these conditions under the Compassionate Allowances program.

Why are workers' compensation claims denied?

Individuals in Iowa who suffer an injury at work can suddenly find themselves struggling to make ends meet. Unexpected medical expenses, rehabilitation costs and lost wages can eat away at one's savings and leave an injured worker worried about what the future holds for them. Fortunately, these individuals may be able to obtain financial relief through the workers' compensation system. However, many of these claims are initially denied, necessitating an appeal.

There are a number of reasons why workers' compensation claims are denied. One reason a claim may be denied is because the reporting of the injury and/or the filing of the claim failed to adhere to specified timelines. This highlights the importance of quickly reporting an injury or illness to one's employer and taking action to file a workers' compensation claim.

Consider legal help when injured at work

Previously on this blog we discussed repetitive motion injuries and the effect they can have on your ability to work. Unfortunately, these are not the only risks you might face in the workplace. A scaffolding fall, a machinery pinch or crush and exposure to harsh chemicals can all leave you seriously injured and facing significant losses. Amongst these damages are lost wages and medical expenses. You might also need extensive rehabilitation. If your injury or illness keeps you out of work for a period of time, and the injury was suffered at work, then workers' compensation benefits may be sought.

Recovering these benefits may sound easy enough, but the truth of the matter is that the process for obtaining workers' compensation benefits in Connecticut can be fraught with legal complications. Because of these challenges, many Iowa residents end up seeing their initial workers' compensation claims denied, which leaves them without the financial resources they desperately need. There may be several reasons why one's workers' compensation claim is rejected. Amongst these reasons are claims that an injury pre-existed a workplace accident, an employee's own horseplay caused the injury in question and the employee was engaging in a frolic or detour at the time of the injurious incident.

Can I receive both workers' compensation and SSDI benefits?

Most Iowa workers understand that they can receive compensation to help make financial ends meet after a serious injury. Such benefits could include workers' compensation, Social Security Disability Insurance (SSDI) or both.

Workers' compensation benefits only apply to workers who suffer injuries during the course and scope of their job activities. SSDI benefits apply to those who suffer disabling injuries that prevent them from working -- whether it's during their job activities or not. SSDI benefits are also provided through the federal Social Security Administration.

The basics of a bad faith claim

If you've been injured on the job in Iowa, then you're probably finding yourself overwhelmed. You might be struggling to ease your pain, and it might be worrisome to say the least to think that you'll no longer have an income on which to support yourself and your family. Of course, you might take relief in the fact that you might be entitled to workers' compensation benefits, but what happens when an insurance company keeps brushing you off to avoid paying out?

If this happens, you shouldn't continue to sit back and wait for the money to which you are entitled. In fact, you may be able to pursue a bad faith claim. Under the law, insurance companies are supposed to act in good faith and act reasonably when it comes to processing claims. When insurance companies act unreasonably and fail to pay benefits, then a bad faith claim may be justified.

Workers' compensation and repetitive motion injuries

Workplace injuries can occur in a variety of ways. Employers failing to provide proper safety equipment or adequate training, third-parties veering into a construction zone, and even inclement weather can all cause a worker to suffer serious injuries. Yet, sometimes injuries are suffered on the job while carrying out one's day-to-day duties. Even in these circumstances, an individual in Iowa may be able obtain workers' compensation benefits.

One of these routine tasks that can cause serious injuries are those that are repetitive in nature. These types of injuries are extremely common, with tendinitis and bursitis leading the way. Tendinitis occurs when a tendon becomes inflamed, usually where it connects to the bone. This condition most often affects the shoulder, biceps and elbow. Bursitis, on the other hand, occurs when a sac meant to lubricate areas of friction inside the body become inflamed. This is most commonly seen in the knees, elbows and hips.

SSD claims and the consultative examination

Before a disabled individual In Iowa or elsewhere is able to recover Social Security disability benefits, he or she must prove to the federal government that he or she meets certain requirements. The specific requirements vary depending on the injury or illness at hand, but one's claim usually must be supported by medical evidence that shows the existence of the condition, its severity, and its effect on the claimant's day-to-day life.

Many times, though, claimants put forth evidence that indicates that they have a severe medical condition, but the evidence is not strong enough to make a determination of whether the individual is disabled in accordance with federal requirements. In these circumstances, the Social Security Administration may require a claimant to undergo a consultative examination.

Worker injured at Des Moines construction site

Construction work is amongst the most dangerous in our society. These men and women bravely put their safety on the line in order to build the infrastructure we need to advance our economy and overall well-being. In the process, though, they often perform their duties in close proximity to heavy machinery, fast-moving vehicles and excessive heights. Sometimes, despite utilizing safety equipment provided to them, workplace accidents occur that leave these workers seriously injured.

That may be the case for one man who was injured on the job at a Des Moines construction site. Reports indicate that the man was utilizing some sort of drilling apparatus when it kicked back, causing him to suffer injuries. The extent of the man's harm is unclear at this time, but he was taken the hospital. He apparently was complaining of arm pain at the time.

Workers’ compensation and rehabilitation benefits

Suffering an injury while on the job can affect every area of your life, not only your employment. The time it takes to recover from the injury and get back into the workplace may be short if you are lucky. However, if your injury is complicated or severe, it may takes months or even years before you regain all the function that your injury took away.

In some cases, an injury may permanently impair you, or injure you in such a way that you may make a strong recovery, but simply cannot return to the job you were working when the injury happened. In instances like these, workers' compensation typically provides compensation to cover many aspects of retraining so that you can re-enter the workplace, even if you cannot return to exactly the same position.

Breast cancer and Social Security disability benefits

Cancer is one of those words that we all hate to hear. Yet, it's prevalent enough that this disease has affected just about everyone in Iowa in one way or another, either directly or indirectly. For those afflicted with some variation of this disease, life can take a dramatic turn, and the things that were once easy and enjoyable suddenly become impossible. This includes the ability to work. Those cancer sufferers who are unable to work may not only feel like they've lost their sense of purpose, but also their income. As a result, it can become difficult for them to make ends meet and pay for the medical treatment they need.

Fortunately, these individuals may be able to recover Social Security disability benefits if they can show that they meet the federal requirements necessary to be deemed "disabled." Breast cancer is one of the forms of cancer that may qualify for SSD benefits. In order to do so, though, a sufferer must show one of five existing conditions.

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