Birmingham Personal Injury Lawyer

SSA Fugitive Felon Program Gone Bad

Stuart McAtee — Thu, 19 Nov 2009 11:07:37 GMT

It appears the "Fugitive Felon" program had some issues and precluded benefits to rightful recipients. A federal judge approved a civil-court settlement requiring the Social Security Administration to repay $500 million to 80,000 recipients whose benefits it suspended after deeming them fugitives.

The supposed fugitives include a disabled widow with a previously suspended driver's license, a quadriplegic man in a nursing home and a Nevada grandmother mistaken for a rapist.

According to an article in the Wall Street Journal, they were among at least 200,000 elderly and disabled people who lost their benefits in recent years under what the agency called the "Fugitive Felon" program. Launched in 1996 and extended to Social Security disability and old-age benefits in 2005, the program aimed to save taxpayers money by barring the payment of Social Security benefits to people "fleeing to avoid prosecution."

But some federal courts in recent years have concluded that most people the agency identified as fleeing felons were neither fleeing nor felons. The problem: Social Security employees relied on an operations manual stating that anyone with a warrant outstanding is a fugitive felon, whether the person is actually fleeing or attempting to avoid being captured.

The Social Security Administration, which neither admitted nor denied wrongdoing as part of the settlement, declined to comment.

The National Senior Citizens Law Center, an advocacy group for the elderly and disabled, sued the Social Security Administration in an Oakland, Calif., federal court last year on behalf of people denied benefits, and asserted that most warrants -- some decades old -- were for minor offenses and most people were unaware they existed.

Let's hope all of the valid recipients are compensated.

Originally posted at InjuryBoard by Stuart McAtee

Tips to Prevent Medical Errors

Jan Boswell — Wed, 11 Nov 2009 09:22:02 GMT

This blog is written in response to the blog, 98,000 Reasons to Care about Patient Safety, by Jane Ayre at InjuryBoard.com. This is the number of Americans who die from medical errors each year. As a nurse, I know that patient safety is a concept that is foremost in the minds of healthcare providers, administration, and regulatory agencies. How can you, the consumer, help prevent medical errors ? In this blog, I will outline tips to help the consumer prevent other medical errors.

1. Be an active part of your healthcare team. Ask questions not just in the hospital but anywhere you receive healthcare. If you don’t understand something, ask for clarification.
2. If you have a choice, choose a hospital at which many patients have had the procedure and surgery you need and have had good results.
3. When choosing a specialist, ask your own physician for a personal recommendation. I have been known to ask my primary doctor: “If this were your wife, who would you send her to for this condition?”
4. Ask all healthcare workers who have direct contact with you whether they have washed their hands. Adequate hand washing is a primary way to prevent infection.
5. Before you leave the doctor’s office or hospital, make sure you understand the treatment plan. This includes understanding about your medications, follow-up care, and when to contact the doctor.
6. Before you leave the hospital, make sure you understand when you can resume regular activities. Make sure your doctor understands your regular activity level. You should know when you can shower, take a tub bath, lift 5 lbs, return to work, etc.
7. If you are having surgery, make sure that you, your doctor, and your surgeon all agree on what exactly will be done. For example, if you are having surgery on your right arm, make sure all involved knows it is the right arm. Make sure the site is marked before surgery.
8. Make sure someone is in charge of your care. This could be your personal physician. You need a point person to direct your care.
9. Make sure that all health care professionals involve in your care has your important health information. I love patients who come in with a written history. It is important that healthcare professional know your allergies, past surgeries, past and current medical conditions, etc.
10. Have a family member or friend designated as your advocate. Ask that person today. Make sure they know your medical history and your preferences in regards to medical care.
11. Before a test or treatment, ask why it is needed and how it can help you. Be informed before you consent.
12. If you have a test, follow-up and get the results.
13. Learn about your condition and treatments. If you use the Internet, use reliable sources. Treatment recommendations based on the latest scientific evidence are available from the National Guidelines Clearinghouse at http://www.guideline.gov. One of my favorites is www.mayoclinic.com.
You can visit my previous blogs on detail ways to prevent medication errors. I have outlined below the top 6 tips:
1. Make sure all healthcare professionals involved in your care know everything you are taking. This includes over-the counter medications, vitamins, herbs, and dietary supplements. Review these with your doctors once a year.
2. Make sure all healthcare professionals involved in your care know about any allergies and adverse reactions you have had to any medications.
3. When you get a new prescription from your doctor, make sure you can read it.
4. Understand your medications. What is it for? How is it to be taken and for how long? What are the side effects? Can I take it with other medications? What should I avoid while taking this medication?
5. Ask the pharmacist if you have any questions about the directions on your medication labels.
6. Ask for written information about the side effects.

Be involved in your care. Ask questions until you understand. Never consent to a test, surgery, or procedure until you are informed. Do not feel like a nuisance, you are standing up for your right to safe medicine that is appropriate for you and your condition. Your diligence could save your life. Share this with your family and friends.

Adapted from Agency for Healthcare Research and Quality

Originally posted at InjuryBoard by Jan Boswell

SSD Questions About Going Back To Work Later In Life And Short Term Disability

Stuart McAtee — Tue, 10 Nov 2009 14:58:13 GMT

From time to time, we receive questions from potential clients about various subjects regarding Social Security. As our nation ages, more elderly workers are re-entering the work force and they sometimes have questions about withholding, Social Security, and taxes. If you are returning to work, after age 65 for instance, your employer must withhold FICA taxes from your paycheck no matter how old you are. Although you may have been retired, you do receive credit for those new earnings according to the Social Security Administration. Each year Social Security automatically credits the new earnings and refigures your monthly benefit. If your new earnings are higher than in any earlier year used to calculate your current benefit, your monthly benefit could increase.

Another question sometimes asked is about short-term disability. What if a worker will only be disabled for a short period of time(for instance Maternity Leave)? Can a person qualify for SSD benefits for short term disability? In a nutshell, no. Social Security pays only for total disability—conditions that render you unable to work and are expected to last for at least a year or end in death. No benefits are payable for partial disability or short-term disability, including benefits while on maternity leave. The disability evaluation process considers any current work activity you are doing, and your medical condition and how it affects your ability to work. For more information, go to www.socialsecurity.gov/pubs/10029.html

Originally posted at InjuryBoard by Stuart McAtee

Loser Pays - A Bad Idea

Danny Feldman — Tue, 10 Nov 2009 07:53:15 GMT

When I was a law student at Vanderbilt, a contracts professor asked a question about whether the "loser" to a lawsuit should be required to pay the "foreseeable costs," ie. the winner's attorney fees. I argued "yes" given that the costs were foreseeable. I was wrong.

This argument, loser pays, really is nothing more than a way for business, insurance companies etc. to shut the doors to the courthouse to the vast majority of Americans who could never be able to afford to pay the tens or thousands of dollars that the other side may incur in attorney fees. Indeed, the reason why contingency fee contracts are regularly employed when representing injured persons is that those persons can't afford to pay their own lawyers an hourly rate. For example, a truck crashes into you, putting you in the hospital for months and causing you to lose your job and health insurance - how in the world will you be able to pay the other side's legal fees if you end up losing the case - and it must be remembered, that even when you are rear-ended, juries can still return a verdict for defendant.

In Alabama, the scale already is tipped very unfairly in favor of defendants. Under ARCP 68 a defendant may file an "Offer of Judgment" which plaintiff has 10 days to accept. If plaintiff does not accept the offer and if at trial, plaintiff does not receive a verdict in excess of the offered amount than plaintiff is on the hook for defendant's costs incurred after the Offer of Judgment was made. In other words, if defendant files an offer of judgment of $10,000 and the jury returns an award of $9,000 for plaintiff, the Court may tax costs (say $5,000) against plaintiff despite the fact that the jury returned a verdict in plaintiff's favor. There is no similar provision in the law that allows plaintiff to make an offer of judgment whereby defendant is on the hook for plaintiff's costs incurred if the jury returns a verdict for plaintiff in excess of what plaintiff offered to settle for. Nor does the rule allow plaintiff to collect costs against defendant if a jury returns a verdict in excess of what defendant offered. How's that for fairness?

As a matter of practice, I would be very surprised if an Alabama judge would enforce Rule 68 as described above, although they could. In addition "costs" do not include attorney fees, but rather are limited to actual costs incurred, like deposition bills, mileage etc. Of course, even costs can run up into the thousands of dollars very quickly, and it is the client that is on the hook for costs. So, you've got to tell your client, not only can you lose, but you also can lose and owe the other side thousands of dollars.

There are several other reasons why "loser pays" is a bad idea - but shutting down the courthouses to the vast majority of Americans is enough.

Originally posted at InjuryBoard by Danny Feldman

What Is This Statement from Social Security and Why Do I Keep Getting It?

Stuart McAtee — Sun, 01 Nov 2009 15:11:53 GMT

Recently, I recieved a Social Security Statement in the mail because my birthday is fast approaching and I meet certain criteria to receive such a statement. If you're age 25 or older, pay Social Security taxes and are not yet receiving monthly benefits, you should get an automatic Social Security Statement in the mail each year about two to three months before your birthday. The statement is a valuable tool to keep track of your annual earnings, as well as to help you plan your financial future. Read Article: www.times-standard.com/lifestyle/ci_13339858

But if your earnings don't meet the threshold for filing a federal tax return, you might not be receiving your annual Social Security Statement. However, you're probably entitled to one.

Everyone who has worked and paid Social Security tax is entitled to receive a statement. So, if you don't get one automatically in the mail, you can request one from Social Security -- and the easiest way to do that is online.

Just visit www.socialsecurity.gov/mystatement and click on the “Need to request a Statement?” banner. You'll need to fill in the following information to make your request:

-- Your name as shown on your Social Security card

-- Your Social Security number

-- Your date of birth

-- Your place of birth

-- Your mother's maiden name (last name only, to help identify you).

You also can provide the following information to make your estimate more accurate:

-- Your last year's earnings and an estimate of your current and future earnings.

-- The age you plan to stop working.(for most this may be difficult)

Once you make your request, Social Security will mail you a statement, which you should receive within two to four weeks. Give it a careful look to make sure your earnings and information are reported correctly, and contact Social Security if you find anything amiss.

After you review your statement, it's a good idea to keep it with your other important papers. And if you'd like to go one step further in your retirement planning, visit the online Retirement Estimator at www.socialsecurity.gov/estimator, where you can get an instant estimate of your future benefits based on your earnings record and plug in various retirement age scenarios. More information is also available at www.socialsecurity.gov.

Originally posted at InjuryBoard by Stuart McAtee

Making Sense of the Medical Record - Medication Administration Abbreviations

Jan Boswell — Thu, 22 Oct 2009 12:49:50 GMT

Deciphering a medical record can be a real headache, especially handwritten records. Once you break through the handwriting code, you have to deal with the alphabet soup that is medical jargon. Below is some of the abbreviations used in medication administration. I hope this helps you make some sense of the medical records you are looking at. Use this prn.

Doses

cc = cubic centimeter

gm = gram

gr = grain

gtt = drop

mcg = microgram

mEq = milliequivalent

mg = milligram

ml = milliliter

oz = ounce

tsp = teaspoonful

Tbsp = tablespoonful

U = units

Times

ac = before meals

BID = twice a day

pc = after meals

PRN = as needed (commonly written with a time frame and reason the medication is being given. For example q 2-4 h prn for pain meaning every 2-4 hours as needed for pain)

Q = every

QD = every day

QID = four times a day

QOD = every other day

q h = every hour (so q2h would be every two hours)

qhs = every bedtime (sometimes written as just hs)

TID = three times a day

Stat = immediately

Routes of Administration

AD = right ear

AS = left ear

AU = both ears

buc = inside the cheek

IM = intramuscular injection

IV – intravenous

IVPB – intravenous piggyback

OD = right eye

OS = left eye

OU = both eyes

opth. = pertaining to the eye

otic = pertaining to the ear

PO = by mouth (NPO means nothing by mouth)

PER G.T.= through gastrostomy tube

PR = per rectum

SL = sublingual

SQ or sub-Q = subcutaneous (also written as SC)

Supp – suppository

Susp = suspension

TPN – total paternal nutrition

Tab = tablet

Other

c- with

s – without

MAR – medication administration record

OTC – over the counter

Sig- label

EC – enteric coated

DC – discontinue

Per – through or by

Originally posted at InjuryBoard by Jan Boswell

SSA Announces No Payment Increase for 2010

Stuart McAtee — Thu, 15 Oct 2009 11:57:32 GMT

As I have blogged about before, President Obama released extra payments earlier this year to millions of disabled Americans. For 2010, the outlook doesn't look good for a cost of living increase based on the Social Security Administration's denial of increased benefits for the upcoming calendar year. CNN is reporting no increase will occur: money.cnn.com/2009/10/14/news/economy/obama_seniors_payment/index.htm

It marks the first time that Social Security benefits have not been increased year over year since the cost-of-living adjustment was put into effect in 1975. To help counterbalance that, President Obama is calling on Congress to send another $250 relief payment to 57 million seniors and other Americans to stem the economic strain.

Congress approved $250 emergency payments as part of the $787 billion economic recovery act that lawmakers passed in February.

"Even as we seek to bring about recovery, we must act on behalf of those hardest hit by this recession," Obama said in a statement Wednesday. "That is why I am announcing my support for an additional $250 in emergency recovery assistance to seniors, veterans, and people with disabilities to help them make it through these difficult times."

As with the first $250 emergency payment, the second one would be exempt from income tax, a senior administration official said in a call with reporters.

If approved by Congress, the payments would be sent out in 2010, most likely in the first half. "It wouldn't be late in 2010," the administration official said. The measure would cost $13 billion over 10 years, according to White House estimates. The $250 is roughly equal to a 2% increase in benefits for the average Social Security beneficiary.

Let's hope President Obama's efforts to help those in need will pay off.

Originally posted at InjuryBoard by Stuart McAtee

Mis-filled prescriptions can have deadly consequences

Danny Feldman — Wed, 30 Sep 2009 18:09:19 GMT

Every year there literally are hundreds of millions of prescriptions filled. Given the staggerring number of prescriptions that are written and filled, even a miniscule number of errors in filling the prescriptions can result in hundreds of thousands of mis-filled prescriptions. While often the consequences of an error are relatively benign - you miss a few days of getting the prescription that you need, or you experience some negative, but non-life threatening side effects, sometimes the error can result in death or permenent injury.

A number of years ago, I represented a woman who was taking a high blood pressure medication. She got pregnant and immediately, her doctor changed her medication to prevent harm to her fetus because the medication she had been on was known to retard fetal development. For several months into her pregnancy, she took the "new" medication and did fine. However, on one Sunday afternon, she went to the pharmacy and the clerk told her (their story) that two prescriptions for high blood pressure showed up, the old one and the new one and that he showed her the pills and she picked the wrong one (the old one). She took the wrong pill, the one that her doctor had discontinued when he found out she was pregnant. Not surprisingly, she developed troubles with her pregnancy and her son was born with kidneys that functioned at about 15% and which were rapidly failing. He will require a kidney replacement by the time he is 5 and he will face a life time of health related obstacles, including future kidney replacements (since replacement kidneys only have about a 15 year life span), dialysis treatments in between replacements, anti-rejection drugs, a significantly decreased life span etc.

Despite the fact that tragic results can occur from a mis-filled prescription, many pharmacies are very lax in enforcing protocols and redundant checks to ensure that prescriptions are correctly filled. Many times there are low paid and poorly trained workers in the pharmacy that are involved in filling prescriptions. Given the demands on pharmicists to increase volume (and thus profit), it is not surprising that tragic mistakes often are made.

Originally posted at InjuryBoard by Danny Feldman

Alabama Workers Compensation - Disadvantaged Employees

Jon Lewis — Wed, 30 Sep 2009 13:28:21 GMT

We are in the process of representing an individual who was seriously injured on the job. He has had two back surgeries, and he is 72 years of age. He has been deemed 100% disabled, and we are trying to resolve his case. There is no question about whether or not his employer is responsible for compensating him under the Alabama Workers Compensation Act, so what is the issue?

Well, in Alabama, the employer (really, the employer's insurance company) can try to settle the case or force you to go to court to prove your case. If the insurance company settles your case, they typically pay the settlement in a lump sum amount. If you try the case to a verdict and win, the insurance company can choose to pay the employee weekly or in a lump sum. Usually, they will choose the weekly option because they will benefit if the employee dies before the payout is complete.

What about our situation? What would our client be entitled to in a lump sum? Approximately $170,000.00. What has the insurance company offered? $85,000.00. Why? Money. It is all about the bottom line for the insurance company, and they understand that we, as the employee's attorney, have no leverage to force them to do otherwise.

Why would our client accept a lump sum for less than $170,000? Several reasons. First, he can get a lump sum and know what he has. Second, if he were to die, he knows that his wife will receive something; whereas, if he died during the weekly payments, the payments stop immediately. Third, he doesn't have to try his case to a judge (you cannot get a jury in a workers comp case) and risk the judge thinking he's less than 100% disabled which would dramatically reduce his compensation. Finally, he can incorporate language for Social Security Disability which minimizes the effect on any set off Social Security would get if he received weekly payments.

Why wouldn't the insurance company pay the full value of the lump sum? They have no incentive. They have nothing to lose. If they don't pay it, what happens? They hire an attorney to defend the case. If the attorney wins or gets less than 100% disability, they don't have to pay as much. If they lose the case, they only have to pay the weekly benefits, and if our client were to die, they win. The only way the insurance company loses is if our client lives beyond his life expectancy, and the insurance company has to keep paying his weekly benefits. That is how the insurance company evaluates the claim: what is the likelihood that our client will live beyond his life expectancy. In their mind, our client is just another number, not a human being who is going to have a difficult time supporting his family because of his injury.

There should be some consequence to the insurance company and employer if they force the employee to try the case to a verdict, and the employee wins - at least in a 100% disability case. These types of cases are serious, and the individuals who have been injured have very little recourse and will have a difficult time the rest of their lives. This is their only chance at compensation, and the insurance companies hold their feet to the fire. It is time the employees could fight back and not be forced into settlement situations.

What do you think?

Originally posted at InjuryBoard by Jon Lewis

I've Been Denied For SSD, Now What?

Stuart McAtee — Thu, 24 Sep 2009 10:59:38 GMT

In our Social Security Disbility(SSD) Practice, we see clients who have been turned down for their initial application for SSD and simply give up or keep re-applying for their benefits. If your social security disability claim was denied, should you just apply again? No.

A person(claimant) should not submit another social security disability application after he/she does not initially receive approval for benefits. Many people who wish to have their case reviewed again mistakenly apply again. The appropriate next step is to file an appeal. Having your case reconsidered will be your first step in the appeals process. A claimant must file the appeal to have his case reconsidered within 60 days of receiving notification that his initial claim was not approved. You will then appeal for a hearing, after your claim is reconsidered and denied. Having your case heard before an administrative judge offers one last chance to plead your case and allows the judge to comprehensively review your file and all supporting items. If you simply keep filing a new claim that goes through the initial review process, your case never gets to be heard by a judge. Not appealing adds tremendous and unnecessary time as you await a decision that is likely to not be in your favor, given that your claim was already denied at the initial review process stage. You will be back where you started. Appealing gives your case the best chance of approval.

If you have been denied, please give us a call within sixty(60) days to have us look at appealing your denial.

Originally posted at InjuryBoard by Stuart McAtee