Clients frequently ask what the most common mistakes people make when they apply for Social Security disability and how they can avoid them are. The two most frequently-seen mistakes are failing to appeal an unfavorable decision and failing to obtain appropriate medical care.
File An Appeal if You Were Denied
Many people apply for Social Security benefits and receive an unfavorable decision after 3 to 4 months. After a claimant receives the unfavorable decision, there is a 60-day time limit to appeal. However, many people with disabling impairments do not appeal that decision. The claimant can request a reconsideration if denied on the initial application. If a claimant is denied on reconsideration, they can request a hearing. All it takes is filing a written statement with Social Security stating that the claimant disagrees with the decision because they are disabled, and that will suffice to move the claim to the next level of appeal. Unless there is "good cause," however, if the claimant fails to appeal an unfavorable decision within 60 days, then that claim is closed, and, in the best case, the claimant would have to re-file from the beginning, causing lost time and benefits. In the worst case, the claimant may only be able to re-file if the date last insured has passed in Title II claims or if the claimant has acquired too many countable resources in Title XVI claims.
Seek treatment, even if you don't think you need it.
Another common problem made is failing to obtain appropriate medical care. Most areas of the state have some form of a low-cost or free clinic that provides some form of health care. Social Security is aware of this fact. When a claimant does not obtain medical care, even if they lack insurance, Social Security might conclude that their impairments are not severe enough to warrant treatment. Many claimants become frustrated that they suffer from a chronic condition and do not feel that doctor visits help them, so they stop going. This can be a mistake for their health and their claim. Those with chronic medical conditions are usually the ones who most need regular visits with their physician. And the medical records generated from doctor visits make up a vital part of a person's claim for Social Security disability. If there are few records, there is little evidence to support the claim.
When a claimant timely appeals their decision and regularly sees a doctor for treatment, that person has successfully avoided two of the most common problems when applying for Social Security benefits.
Constructive Actions You Could Take
Few Social Security Disability (SSD) cases lack complications. Setbacks are part of the process, from outright claim denials to lengthy appeals. Unfortunately, they cause constant stress, which can further harm your compromised health. The better you can handle inevitable setbacks, the better outcomes you'll enjoy for your legal case and your health.
Expect Setbacks
A shocking 65 percent of SSD claims face initial denial. Many more people need help to obtain the evidence they need to win appeals. With such tough odds, the saying "Expect the worst and hope for the best" definitely applies.
Focus on the Big Picture
An immediate victory would be incredible, but that's different for many people. With SSD applications, it's all about persistence. You stand a strong chance of success if you work diligently with your attorney, but you can kiss benefits goodbye if you throw in the towel at this early stage.
Emphasize Next Steps
Stop worrying about your previous inability to secure SSD benefits; shift your focus to the road ahead. First, meet with your attorney to discuss a viable backup plan. Then, write a brief to-do list based on that plan, and tackle at least one task each day. If nothing else, prompt action will prevent you from ruminating on your latest SSD failure.
Determine a Plan B
You're dead set on securing SSD benefits, but what if that doesn't happen? You'll feel far more confident if you plan for the worst-case scenario. Outline the likely impacts of repeated claim denials, and draft a step-by-step plan for getting by even if you never achieve the benefits you deserve.
Advocating For Yourself Assertively as a Patient—Do's and Don'ts
You may spend far too much time in clinics and hospitals as a patient with a chronic health condition. Nobody will hold your hand as you seek proper care; it's up to you to advocate assertively on your behalf. The following do's and don'ts should help you navigate medical endeavors more efficiently:
Do: Gather and Organize All Medical Records
From seeking a second opinion to disputing claim denials, documentation is essential. Collect all lab tests and diagnostic reports, and be prepared to present them when necessary.
Don't: Rely on the Advice of Just One Medical Expert
Medical professionals are far from infallible. If your gut tells you to seek a second opinion, don't hesitate to visit another physician or specialist. That different opinion could save your life.
Do: Ask Specific Questions About Symptoms and Treatment
Be honest about your symptoms and response to treatment. Speak up for yourself, and ask your primary care physician or specialist about all the options available, including those that don't require extensive physical therapy or surgery.
Don't: Arrive at an Appointment Without an Outline
Make the most of every minute by developing an outline and note page ahead of time. This should include every issue you intend to address with your physician.
Do: Take Advantage of Patient Technology
Online portals and smartphone apps make it easier to access much-needed information. If you suffer from limited mobility or struggle to discuss issues with your physician in person, advocate for yourself online.
Don't: Rely Exclusively on Patient Technology
Technology can make life as a patient easier, but it should be different from face-to-face appointments. Don't rely on an app to get you through severe physical suffering; schedule an appointment as soon as possible.
You can advocate for yourself when seeking treatment, but you don't have to in court; that's your lawyer's job.
The right attorney can make all the difference as you file for Social Security disability or appeal denied claims. Keep the following considerations in mind as you prepare for a productive consultation with your lawyer:
Pay Attention to What Has Your Attention About Your Case
If a burning concern about paperwork wakes you up at night, write down what's bothering you. Suppose you have insight into your lower back symptoms while in the shower; jot it down as soon as you dry off. Get in the habit of recording productive thoughts when you have them and then circle back to process them later. This process will make communication with your lawyer more efficient – fewer email strings and long voicemail messages. It should also give you insight into your symptoms and what relieves them.
Get As Organized As You Can Before You Meet with Your Lawyer
The Social Security Administration demands ample documentation of your condition. To prove eligibility for disability benefits, bring the following to your consultation:
Don't Exaggerate
Your Social Security disability attorney's chief goal is to help you secure the benefits you deserve while reducing the potential for a complicated appeals process. To accomplish this end, your attorney needs an honest picture. How are you suffering? What's your course of treatment? It can be tempting to exaggerate or downplay your symptoms, but this could lead to a smaller award than you deserve or an outright denial of your claim.
Be Responsive
Ideally, your attorney will get back to you promptly when you call or email. However, the attorney-client relationship goes both ways. Return calls and emails promptly to expedite the legal process.
Like many federal programs, Social Security Disability has many rules and regulations governing its administration. Knowing how the Social Security Administration calculates Social Security Disability (SSD) benefits can save you time and stress if you need to apply.
Understanding Eligibility
The government uses the amount you have worked and the nature of your disability to determine SSD eligibility. If you are eligible for benefits, the government decides your monthly payments by your average lifetime earnings since the time of your disability. Typical payments range from $700 to $1,700 each month. The government may reduce your payments if you receive disability benefits from other sources.
Calculating SSD Payments
The Social Security Administration uses a complex formula to calculate each individual's benefits. Every case is unique, and so is the amount of money you may receive. The office bases the formula for your benefits on how much you have paid into the Social Security system. The payroll taxes that the government deducts are called "covered earnings."
The Social Security Office calls your average covered earnings over a set period your average indexed monthly earnings (AIME). Then, the SSA applies a formula of fixed percentages to your AIME based on your income. This determines your primary insurance amount (PIA) – the amount you receive in Social Security benefits before retirement age.
To stay on top of your covered earnings history, check your Social Security Statement, which the SSA sends out every five years. The SSA's website also allows you to check your statement online. This is valuable information if you need to file for SSD benefits later.
Reduced Payments
Disability payments that you receive from private insurance companies for long-term disability will not have an impact on your SSD benefits. However, suppose you also receive government-regulated benefits such as worker's compensation or temporary disability from the state. In that case, you will not receive more than 80% of the average amount you earned before your disability from the combined benefits. In addition, the benefits you receive from Supplemental Security Income (SSI) and the VA will not affect your SSD benefits.
In 2019, the National Highway Traffic Safety Administration reported that 91,000 children under 12 were injured in car accidents. Sadly, many of these children suffered physical and mental damage. If your child was injured in a car accident, it is your job as the parent to promote healing and show your support.
When it comes to the legal side of things, that's our job. Let us help you get justice for your child's injury. Call 770-214-2500 for a free consultation.
If a child is injured in a car accident, they may be reluctant or unable to communicate that they have suffered an injury. Seeking immediate medical treatment, even for what may seem to be minor injuries, is extremely important to help your child recover from an accident. When seeking compensation for a child's injuries, it is vital to have a medical professional address and record the injuries.
Depending on the extent of your child's physical injuries, recovery from a given accident may require months of hard work. Accompany your child to physical therapy appointments, and encourage them to follow through with suggested stretches and exercises when home. Your child may be initially reluctant to stick with these exercises; your encouragement can promote full accountability and lead to significant gains in mobility and overall rehabilitation.
Working with a therapist is recommended for all children injured in Georgia car accidents. In addition, keep an eye out for symptoms including withdrawal from friends, a loss of interest in favorite activities, sudden weight loss/gain, changes in sleep patterns, or anxiety. Children aren't always equipt to handle the big feeling surrounding a traumatic event. While they may seem fine, trauma and mental illness can present themselves in strange ways among children. Consulting with a professional can help you and your child handle these feelings healthily.
The stress of a car accident can follow children for several months or even years. Their best bet for moving on does not involve repressing stress or anxiety but working with a therapist or psychologist to get into a healthier mindset. Your child's therapist will encourage healthy outlets for stress and serve as a valuable advocate for your child's mental health. Many children injured in Georgia car accidents, while unable to participate in conventional talk therapy, can engage in play therapy, art therapy, and music therapy with a licensed professional. Through these tools, the child's therapist can determine what steps to take to ensure your child's best mental health outcome.
Not all kids are willing or able to express their feelings to their parents or therapists adequately. Sometimes, music or visual art is more effective. Therefore, give your children numerous opportunities to express their feelings through various means, including music and artwork.
As a parent, you can profoundly impact your child's recovery. If medical bills prevent your child from obtaining the complete care they deserve, get in touch with Smith, Wallis & Scott, LLP, to learn more about your options.
While you are recuperating from an accident, life goes on, and the expenses and obligations stack up. In addition to taking care of your child during this challenging time, you also may have sustained some injuries and must take care of yourself. You and your child's medical bills are mounting, you may have missed work, your car is history (or at least damaged), and you must deal with the insurance company. In addition, you can't work without being in pain, and you may need to care for your other dependents during this stressful period.
Worrying about the future hampers your ability to get better, which is your primary focus. Focusing on recovery is hard if you don't have someone to care for your and your family's needs. Reach out to family and friends. If you belong to a church, you may be pleasantly surprised by the help offered. If a family member or a boss contends that you're not that hurt – hard to believe, but it happens – ask your doctor to set them straight.
The initial route for finding good child or pet care is to ask family and friends, but if they can't help you, don't despair. If you are active on social media and your town has a local Facebook page, ask for recommendations for such services. In a worst-case scenario, you can board your pets at a local kennel or veterinary practice. If finding an at-home babysitter is a problem, your children may have to go into daycare temporarily or extended after-school care. Finally, speak to the providers regarding transportation. Another parent could pick up and drop off your children, or neighbors could help you.
You want to get better, return to work and ensure your children's welfare. You may feel pressure from your company about deadlines and projects on which you worked. See if you can work on some projects from home – if you are up to it. You aren't doing yourself or your employer any favors if such tasks are beyond you.
After a severe injury, it can take a long time to assess how badly you were hurt fully. The insurance company wants you to settle immediately – they are interested in their bottom line. Do not sign any agreements with the insurance company. Georgia law generally allows victims two years to file a lawsuit, so you have plenty of time to determine the extent of your accident-related disabilities. Ongoing rehabilitation may be necessary. The accident may have affected your ability to return to your job or earning capacity. Bear in mind that, depending on circumstances, you may be able to seek compensation for child care expenses or pet care costs you incurred while recovering.
If you or a loved one has been injured in a car accident, please call the experienced attorneys at Smith Wallis and Scott, LLP, at 770-214-2500 for a private consultation or explore more at swslawfirm.com.
Wondering how workers' comp works in Georgia? Check out this guide to learn everything you need to know.
Before Georgia's state government established a system for worker's compensation, employees had no rights to benefits from their employers if they were hurt on the job. In the 19th and early 20th centuries, working conditions were severe and even dangerous, and workers did not have legal options when injured – even if that meant a lifetime of disability.
Employees around the turn of the 20th century technically could file lawsuits, but these legal actions were generally unsuccessful and brutal for all involved. The trials were long and expensive, and businesses suffered severe brand damage. Injured workers, meanwhile, often came away from experience with no way of paying for medical bills and other costs.
Both sides of the labor equation realized something big needed to change. So they eventually struck a grand bargain: workers would relinquish their right to sue for injuries at work (with some exceptions) in exchange for guarantees for compensation.
In 1920, the Georgia State Legislature instituted the State Board of Worker's compensation to oversee this process. Today, the Board serves over 250,000 Georgia employers and over 3.8 million employees. It receives funding from self-insured employers and insurance company assessments. Any Georgia worker injured at work and covered under the law may be entitled to compensation for lost wages, medical bills, and physical therapy services, among other benefits.
Georgia's current worker's compensation law applies to all employers with three or more full-time or part-time employees, including public corporations and non-profits. The law allows employees with job-related injuries to receive specific benefits without regard for negligence or fault. It also provides employers with limited liability.
Per state regulations, Georgia employers receive coverage for worker's compensation either through private insurance companies or self-insurance programs. In addition, a worker's rights under the worker's compensation law disqualify them from taking other legal action against the employer in the event of a work-related injury.
Most Georgia employees know little about the state's workers' compensation program and what happens if they're injured at work. This lack of understanding can make the compensation process extraordinarily confusing and stressful. Keep reading to learn more about workers' compensation laws in the state of Georgia.
Penalties for late payments may be assessed in several states, but they are lower in Georgia than in many regions. Depending on the situation, the employer may be required to pay a 15 percent penalty. This penalty can be assessed if benefits were inappropriately denied or the employer simply forgot to send a payment. For this reason, it behooves injured employees in Georgia to keep track of worker's compensation payments and to take note when they do not arrive on time.
Under Georgia law, worker's compensation cases are either catastrophic or non-catastrophic. Typically, a patient is deemed destructive if the injured employee qualifies for Social Security disability benefits. Injuries considered catastrophic include limb amputation, severe brain injury, and industrial blindness.
Georgia employers must maintain a list of six approved doctors employees can visit after injury. In an emergency, employees can obtain treatment from a doctor not included on this list. Still, in all other situations, the physician treating the workplace injury must be one of the employer's six approved medical professionals. Unfortunately, many employers choose physicians they feel will take their side should employees pursue worker's compensation. As a result, injuries may be blamed on preexisting conditions rather than workplace mishaps.
The State Board of Workers' Compensation reports that 39,899 indemnity claims occurred in Georgia in 2014. As a result, indemnity benefits in 2014 totaled $1,056,193,486. Additionally, 830 WC-26 forms indemnity forms were filed that year.
In 2013, Georgia significantly changed its workers' compensation model: many workers were suddenly ineligible for benefits after eight years. As a story from NPR and ProPublica points out, this means that those with knee or hip replacements no longer qualify for coverage if, after a decade, their mobility devices wear out. In the most severe cases, however, injured workers may still be eligible for long-term compensation.
Workers' compensation in Georgia is far from perfect, but as another ProPublica story points out, employees enjoy far greater compensation than those residing in Alabama. For example, in a report comparing similar injuries across state lines, ProPublica revealed a maximum payment of $118,125 for Georgia workers who lose their arm, compared to just $48,840 for the same damage in Alabama.
Workers' compensation varies significantly from one state to the next. You could obtain significant compensation for your workplace injury as a Georgia resident. Still, your chances of claim acceptance are far greater if you work with a trusted workers' compensation attorney.
The more you know about workers' compensation in Georgia, the better. Contact Smith, Wallis, and Scott, LLP, today for more information.
The State Board of Workers' Compensation reports that 31,500 indemnity claims occurred in Georgia in 2021. Indemnity benefits, or replacement of lost wages, in 2021 totaled $706,673,059. https://sbwc.georgia.gov/organization/about-state-board-workers-compensation/statistics
While the law applies broadly to most employees in the state, there are some exceptions. For example, federal employees, railroad workers, farm workers, and domestic servants are exempt from Georgia's worker's compensation law.
A separate agency, the Subsequent Injury Trust Fund, works with the State Board of Worker's Compensation to reimburse employers and insurers for a part of worker's compensation benefits. This secondary agency oversees cases where an employee has a preexisting injury or disability, and a work-related accident worsens.
This morning I was on my Thursday morning radio show, and a caller asked, "If I am injured on the job, and I was at fault, can I still get worker's compensation in Georgia?"
Simple answer: YES!
This is the beauty of the Georgia Worker's Compensation system. Even if you cause the accident, you can still recover. The question is not whether it is your fault or someone else's fault. The question is, "Is your injury causally related to your job duties?"
What does this mean? This means that your injury is related to your job.
Let's suppose that one day you are at work and you decide to lift a pipe that weighs 300 lbs even though you know you can't lift 300 lbs and your boss has told you that you should wait for help before you lift the 300 lbs. But you go to pick up the pipe and drop it right on your foot, fracturing every bone.
You are still covered under workers' compensation. The reason is that you performed your duties when the accident happened. It may not have been an excellent decision to do what you did, but that doesn't matter.
However, if you lift the same pipe and then feel pain in your body and go in, and the doctor says you have cancer, this would not be workers' compensation because cancer could not have been caused by lifting a pipe.
Fault or no fault, it just doesn't matter.
If you have been injured at work, call us now. We will provide a free consultation and let you know whether your injury is covered under the law.
Preexisting conditions can quickly complicate otherwise straightforward Georgia workers' compensation cases. A preexisting condition won't necessarily bar you from receiving the benefits you want. Still, you will need extensive documentation indicating that your job exacerbated the situation and led to greater suffering.
Employees afflicted with preexisting conditions may be eligible for workers' compensation if workplace duties lead to more severe symptoms. But your employer is only responsible for worsening your condition — not the condition itself. You might be similarly entitled to damages if a previous workplace injury was re-aggravated at your present job. The claim amount may be lowered to accommodate previous workers' compensation claims in such cases.
Georgia's Workers' Compensation Act significantly limits the extent to which employees with preexisting conditions can seek compensation; compensation is only available when work-related aggravation causes the disability. Once an employee returns to a pre-injury state, the Workers' Compensation Act mandates that payment cease.
Recent changes in legislation have limited compensation for re-aggravated conditions to 400 weeks from the date of the accident. However, lifetime medical benefits may be available for catastrophic injuries or those before June 30, 2013.
Whether your preexisting condition occurred at work or in some other capacity, you will need to document your previous injury and its impact on your life before your most recent workplace injury. Decrease workers' compensation denial likelihood by seeking documentation from your physician or federal agencies that provided previous workers' comp benefits. Supplement this with proof of your current disability, including recent tests and medical records. If employer-approved physicians deny your condition, seek further feedback from an independent medical professional.
If you've suffered a worsening of a preexisting condition in the workplace, contact Smith, Wallis & Scott, LLP today to learn more about filing for workers' compensation.
It would be great if, when you were injured, you never had to return to work while recovering. But unfortunately, this is never the goal of the insurance company. The purpose of the worker's compensation system is for you to be back to work.
What happens when you are asked to return to work and do not believe you can return to work? Can you refuse to work?
The answer is yes, but only in certain situations. For example, if you have been injured and taken entirely out of work by your authorized physician, you would not have to return to work until the doctor has either released you to regular duty or placed you on duty work restrictions.
If you have been placed on light duty work by your doctor, the insurance company would have to find a suitable light duty job, have the doctor sign off on the job approving it as appropriate, and then file a form WC-240. Lastly, they must give you ten days' notice to return. If all of this happens, you must return to work. (If the job is not the job on the description, you are allowed not to perform the job. Contact an attorney before you make this decision).
Suppose you have been released to regular duty by your authorized treating physician. In that case, you must return to work until you find that another doctor has completely taken you out of work or placed you again on light duty.
Either way, if you have been released to light duty and have been asked to go back to work and you feel that you are not able or have been released to regular duty, it is essential to contact an attorney to make sure you are protected.
Georgia workers' compensation is an incredibly unique animal. Unlike a personal injury case where the judge or jury decides the case and the damages are awarded based upon the injury, wage loss, and pain and suffering, in Georgia, an injured worker is only entitled to certain measurable and enumerated benefits. Therefore, there is no entitlement to a settlement. However, with the help of an attorney, an injured worker can receive compensation by using these benefits outlined in the law to plug into a "formula" for determination. But this is not simply a 1+1 formula. Instead, it is based upon the projected value of benefits owed, the likelihood of success on the case, and the probability of the injured worker improving health. This is where a skilled attorney comes into play.
Part of this formula for determining the settlement value of a case is a weekly wage check paid for by the insurance company. The check is not the full check you received when you were working. Instead, it only reflects your actual wage, coming to approximately 66% of your wage. That is 66% of your wage for earnings up to $550. This means if a person earns more than $833 per week, the most they would receive is $550. For example, if the injured person were earning $1,500 per week, they would receive $550.
Although not a tremendous improvement, Georgia HB 818 was just approved, and beginning on July 1, 2016, the maximum income benefit for an injured worker will go up to $575. This sounds like a slight increase. However, the increase comes to almost $10,000 increase over the entire life of a case.
This benefit will not be retroactive but at least will help injured workers from July 1 and continue receiving a greater portion of the benefits they deserve.
According to the Social Security Administration, studies show that a 20-year-old worker has a three-in-ten chance of becoming disabled before reaching retirement age. When a person suffers from a debilitating mental or physical disability, they may be eligible to receive Social Security Disability benefits from the government.
The Social Security Administration pays disability benefits under two different programs:
• Social Security Disability Insurance (SSDI) - Based on prior work for which Social Security Taxes were paid.
• Supplemental Security Income (SSI) - Based on financial need. Children, as well as adults, may be able to collect disability benefits.
Unfortunately, meeting Social Security's definition of disability benefits is often challenging. That's where you could use the help of an experienced SSDI attorney, like the ones at SWS Accident & Injury Lawyers.
Our attorneys are thoroughly familiar with both programs and can work with you to help get you the benefits you deserve and desperately need. We have successfully represented hundreds of claimants, helping them obtain Social Security benefits after previously being denied.
We all know what "disability" means, but this term has a specific definition in the context of the Social Security disability program and the Supplemental Security Income (SSI) program. A person with a "disability" has the inability "to engage in any substantial gainful activity by reason of any physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." 42 U.S.C. 423 (d)(1)(A) and 1382c(a)(3)(A).
"Substantial gainful activity" is another specific term defined by Social Security, and we will discuss this in our next blog. However, the big takeaway from the definition of disability is this: it deals with a severe health condition that interferes significantly with one's ability to work and must last or be expected to last 12 continuous months. This is why Social Security requires so much paperwork about a claimant's physical and mental abilities; it must decide how those abilities affect the claimant's functioning in a work setting.
Social Security Disability (SSD) exists to assist individuals who have paid into the Social Security system when they can no longer work.
In general, you need to have worked in a job where the government deducted Social Security taxes from your pay; and you must have a medical circumstance that meets the Social Security Administration's definition of a disability.
Social Security defines "disability" somewhat differently than other entitlement programs. The system only pays for total disability; individuals are not eligible for partial or short-term disability. This fact distinguishes SSD from similar programs like worker's compensation. The government considers someone disabled if they meet all of the following criteria:
• The individual is unable to work as they previously did;
• The Social Security Administration (SSA) determines that the individual is unable to adjust to different work due to their medical condition;
• The individual's disability has lasted (or is expected to last) for one year or more, or physicians expect the individual to die soon.
The SSA uses a strict definition of disability; this is why many Social Security Disability claims are denied. The Georgia SSD department approves about 30% of the claims that come through its office.
The amount a person has worked and paid into the Social Security system is the other factor determining who is eligible for Social Security Disability benefits. Every year you work, you earn Social Security credits based on your yearly wages or income from self-employment.
The number of credits you earn will vary yearly, but four credits each year is the maximum. To qualify for Social Security Disability benefits, you generally need 40 credits, 20 of which should be earned in the last ten (10) years of your employment.
Although the government created SSD benefits for those who have spent their lives working, it is possible to qualify for them at a younger age. For example, if you become disabled before age 24, you can be eligible for benefits if you earned six Social Security credits in the three years leading to your disability.
There is a list of approved diagnoses that will make you eligible for benefits, but that isn't a promise. Some conditions that may qualify an individual for Social Security benefits include:
• Depression/anxiety
• Blindness
• Arthritis
• Heart disease
• Paralysis
• Orthopedic injuries
• Diabetes
• Neurological disorders
Again, getting a diagnosis from this list does not guarantee the benefits you seek, but if you keep good records and submit appropriate paperwork, you are well on your way. You might be wondering if it is possible to expedite the process, but there are very few ways to rush the SSD process. If your conditions are more severe, look into the qualifications for the Compassionate Allowances Program. It is one of the only ways the government will expedite your SSDI case.
Following a lengthy application process, you may wait weeks, even months, to hear back about Social Security Disability benefits. During that time, your bills could pile up quickly, especially if your disability leaves you unable to hold down full-time work. However, suppose your condition is unusually severe. In that case, you may be eligible for expedited approval via the Compassionate Allowances Program, which provides prompt assistance for those with serious (often terminal) medical conditions.
The Compassionate Allowances Program maintains a list of over 200 conditions that qualify for expedited disability benefits. These include:
The process of proving eligibility for the Compassionate Allowances Program is surprisingly simple, although it varies somewhat based on the applicant's condition. More evidence is always better, especially as hospitals and clinics can sometimes be slow to respond to inquiries. Biopsy reports, discharge summaries, and physician letters are helpful and can pave the path to quicker acceptance.
Typically, it takes several months to determine whether an individual is eligible for Social Security benefits. With the Compassionate Allowances Program, this decision is made in a matter of days. Unfortunately, the usual SSDI waiting period applies after approval or denial is granted. Established by federal law, this five-month waiting period cannot be waived, even for those accepted through the Compassionate Allowances Program.
The Compassionate Allowances Program can spell the difference between months of suffering and prompt financial relief. If your suffering is severe, and you cannot afford to wait for a disability determination, this program may be your best option.
Medical evidence is an integral component of any bid for disability benefits. When you file a disability claim, you are responsible for providing ample evidence of your condition and how it impacts your day-to-day life. This evidence must come from reliable sources who have treated your condition.
Tracking your condition can be tricky, but thankfully, you have many resources at your disposal. The Social Security Administration can help you obtain the necessary information if you provide permission, or you can turn to a Social Security disability lawyer for help. Keep the following considerations in mind as you track your condition:
According to the Social Security Administration, accepted sources of disability evidence include:
Additionally, the SSA may request copies of reports from clinics, hospitals, or even social workers. These reports may include the following:
Your personal records of your symptoms will not be enough — you need feedback from licensed medical professionals. However, healthcare professionals will likely advise you to keep a detailed history of the symptoms you experience. Whenever an incident related to your impairment occurs, please take note of what happened, when it happened, and how much pain it caused. Avoid exaggerating or minimizing your condition, as this could lead to claim denial. Careful tracking of symptoms is essential for representative payees, who must record medical incidents and associated expenses.
The right Social Security attorney can help you locate the medical records and documents needed to support your claim. Look to Smith, Wallis & Scott, LLP for assistance filing for disability benefits and appealing denied claims.
Suppose your significant other, parent, sibling, or friend desperately needs Social Security Disability Insurance or Supplemental Security Income, but cannot apply for those benefits or follow through with the approval process. Now, it's up to you to secure the disability benefits your loved one requires. Keeping reading to learn more about this big responsibility:
Your loved one may be unable to communicate the full extent of their suffering. Be careful not to underestimate the pain this person is experiencing. Carefully observe what the disability applicant can and cannot do as a result of their condition, and be prepared to report on these observations.
The Social Security Administration appoints a representative payee to manage benefits on behalf of those who are too ill to do so themselves. The payee's job is to use the awarded benefits to pay for necessary care and save benefits that are not needed. The payee must also keep a clear record of these expenses and savings. The Social Security Administration recommends that payees act not only in the financial interests of the beneficiary, but also take an active role in that person's life.
If you already have power of attorney, you'll still need to apply to be your loved one's representative payee. The application process is simple, but it typically occurs in person. Complete form SSA-11, and be prepared to show documents that prove your identity.
As a representative payee, you can positively impact your loved one's life. Take your duties seriously — you are the integral link between your loved one and the care they desperately need.
Coping after a Georgia car accident injury isn't easy. In the weeks, months, or even years following your car accident, you may feel frightened, guilty, angry, or depressed. These emotions can fluctuate wildly and take over at a moment's notice. Unfortunately, they can also get in the way of leading a productive life. It is possible to get your emotions under control without repressing them, but it will take work.
Many car crash victims suffer road-based anxiety for years, even decades, following their accident. Your solution may be to stay far away from the driver's seat. Buses, carpools, and Uber make it possible to avoid driving on your own indefinitely. You might not actively need a car, but you'll feel far more confident once you've conquered lingering fears of going. Instead, enroll in driver's education or practice in quiet neighborhoods with a trusted friend. Face your fears head-on.
If a drunk, inattentive, or otherwise negligent driver caused your accident, you have every right to feel angry. But let that anger fester, and you'll never find true satisfaction in your new life. So instead, embrace the challenge of forgiveness, which Mayo Clinic experts call "a commitment to a process of change."
To hasten the forgiveness process:
The Smith, Wallis, and Scott LLP team is committed to delivering a favorable resolution so you can move on with your life. Reach out today to learn more.
Give the following tactics a try as you work through the feelings sparked by your accident:
Meditation is widely misunderstood, with many skeptics assuming its chief goal is to suppress emotions. This could not be further from the truth. Instead, meditation can teach you how to observe and respond to emotions more healthily.
When you feel overwhelmed with strong emotions, let a friend, family member, or significant other knows. This person should be willing to listen to your concerns without immediately jumping to conclusions.
Overwhelmed by emotions but unable to let it all out to a trusted friend or family member? Sometimes, a journal is the next best thing. Record in detail how you feel and why. While writing, you may be struck by several excellent insights that can help you overcome your pain.
You aren't crazy if you visit a psychologist. A mental health professional can give you a valuable perspective on your current emotional struggles. In addition, this person can help you determine whether you have PTSD or depression. Diagnosis is the first step to recovery, so scheduling an appointment is worthwhile.
Post-Traumatic Stress Disorder (PTSD) After a Georgia Car Accident: What Is It? What are the Consequences? Where Can You Get Help?
PTSD United estimates that 24.4 million Americans struggle with post-traumatic stress disorder (PSTD) at any given time. Keep reading to learn more about car accident-induced PTSD and how you can get help.
Post-traumatic stress disorder occurs in the aftermath of life-threatening incidents. Although typically associated with veterans, it is also regularly seen in survivors of sexual assault, terrorist attacks, domestic abuse, and car accidents. So, fear and anxiety are natural following such events. Still, for people with PTSD, this trauma takes its toll on everyday life, making it impossible to match past professional and academic achievements or maintain positive relationships.
PTSD symptoms vary significantly from one sufferer to the next. The disorder is immediately evident in some people but is incredibly difficult to detect in other cases. Common signs of distress include:
Are you concerned that you or a loved one might have PTSD? As a Georgia resident, you can access a vast array of resources. You can secure treatment at any VA Medical Center if you're a veteran. Female sufferers can find support in Marissa Coleman's Women's Trauma Group, which regularly meets in Atlanta's Virginia-Highland area. More intensive therapy is available at Riverwoods Behavioral Health, which employs a variety of empirically-backed approaches, including cognitive behavioral therapy, music therapy, and art therapy.
If your vehicle has been badly damaged or totaled, you will need to get around after your Georgia accident. Thankfully, there are plenty of fantastic transportation alternatives, several of which are highlighted below:
Is there a good bus line or light rail in your area? Take advantage of it. Public transit is affordable and surprisingly freeing — instead of getting outraged in traffic, you can relax on the bus and read a book, check your social media, or listen to music.
Uber is all the rage among Millennials who wish to reduce their carbon footprint and avoid DUIs. It's also an excellent option if you've recently been involved in a Georgia car accident. Use the app to request a ride — a driver will pick you up and drop you off at your desired destination. A popular alternative to Uber, Lyft, performs essentially the same function.
Although typically more expensive than Lyft or Uber, a traditional car rental may be viable if you have multiple destinations to visit or items to haul. Car sharing is also a great solution. Many cities have convenient and relatively affordable car-sharing programs such as ZipCar and Car2Go.
Can't afford Lyft, Uber, or a car rental? Your friends and family members may be willing to lend you their car for a few days or weeks, especially if you sweeten the deal with free babysitting, a meal out, or some other exchange.
The sooner you secure your Georgia car accident settlement, the sooner you can ditch that rental car and get back behind the wheel of your vehicle. Contact Smith, Wallis & Scott, LLP today to get started.
You've suffered a terrifying Georgia car accident and are in no hurry to get back behind the wheel. Eventually, however, you'll need to resume your driving routine. The following tactics can help you work through traffic anxiety and avoid future collisions:
The suitable class will allow you to regain control after a horrific car crash. You'll learn to recognize dangerous situations and respond before a wreck becomes imminent.
The first time you get behind the wheel, ask a trusted friend or family member to ride along. Then, you can take solace in knowing that if the experience becomes too overwhelming, somebody else can take over.
There is a better time to tackle a four-hour journey to your cabin up north. Your first unassisted drive should last at most ten minutes. After that, travel to the bank, the grocery store, or a friend's house — anywhere you can reach without hitting nerve-wracking traffic.
If you contributed in some way to the car accident, use that experience to spur better driving habits. For example, drive the speed limit, make necessary adjustments in inclement weather, and ditch distractions such as cell phones, food, or loud music.
According to some trauma authorities, the longer you avoid the scene of an accident, the more you'll feed lingering anxieties. Consider stopping by the former crash site a few days or weeks after you've successfully resumed your status as a motorist—and recovered your psychological equilibrium—and assess how you feel.
There's no need to avoid your car indefinitely; with time, support, and a defensive driving class, you can return to your vehicle feeling confident in your ability to prevent future collisions.
As you deal with the anxiety of post-crash driving, let Smith, Wallis, and Scott, LLP handle the legal strategy to get you fairly compensated for damages you sustained in your Georgia car accident.
The National Highway Traffic Safety Administration reports that over 2.44 million individuals were injured in car crashes in 2015. Survivors experience decades of physical suffering plus extreme emotional trauma. Recovery is a lengthy process, but these resources can expedite the journey and make your pain easier to handle:
Your physical pain and emotional suffering may seem unbearable, but it is possible to recover and emerge more substantial after a car crash. This compilation of stories from AfterTrauma will give you hope and make you feel less alone.
Driving anxiety is perfectly normal in the aftermath of a car accident, but an inability to get behind the wheel can compromise your job performance and social life. Follow these seven tips from Driving Peace to get back on the road with complete confidence.
On the hunt for unusual but practical solutions to accident-based emotional trauma? According to a 2017 NPR story, a simple game of Tetris may be your best option. The report highlights a recent study, which indicates that just twenty minutes of Tetris can block out intrusive memories.
The Rocky Mountain Insurance Information Association has compiled an extensive collection of statistics regarding the prevalence of auto accidents and the potential for compensation. While browsing through these stats, you'll learn about average liability claims, common causes of car crashes, and the cost of medical care for injured drivers.
The Insurance Institute for Highway Safety maintains rigorous standards highlighting each year's safest models. To be deemed an IIHS Top Safety Pick, vehicles must earn front crash prevention ratings of advanced or superior, plus good ratings in five additional crashworthiness tests. Top options for 2017 include the Hyundai Elantra, Mazda 3, Toyota Prius, Honda CR-V, and Chrysler Pacifica, among others. Keep this list in mind as you search for a new car.
Whether you were recently involved in a car accident or you have distant memories of a crash, you may continue to experience physical and emotional adversity. Share your story and learn how others have coped while visiting this forum from Experience Project.
Guilt and shame are common in the aftermath of car accidents, even for those who are not to blame. Whether you experience survivor's guilt or wish you would have exhibited better behavior behind the wheel, this article will help you address and resolve crippling feelings in the aftermath of your accident.
Learn more about the science of car crashes while watching this intriguing documentary. Award-winning teacher Griff Jones uses scenes from the IIHS Vehicle Research Center to demonstrate inertia and other essential concepts.
Need more help than the resources highlighted above can provide? Contact Smith, Wallis, and Scott, LLP, today for additional information.
Even unexpected setbacks can bring new and positive possibilities if you so choose. If you prefer, you can find value and fulfillment in every circumstance. - Ralph Marston
A painful car accident injury can change your entire outlook on life. Suddenly, every trip to the grocery store feels like an ordeal. Many survivors also suffer from PTSD and depression. The following are a few thoughts worth considering as you plan for a satisfying post-accident life:
Use the pain of your car accident to transform you into a better person. What can you, as a driver, do to prevent future crashes? First, take responsibility for your role (if any) in the accident, and vow to drive attentively and responsibly in the future. Set your goals in writing; researchers at Dominican University claim that those who physically record their aspirations achieve far more than those who merely think about their goals.
Some post-crash driving-related anxiety is natural. Persevere. Bring a friend if necessary, but get behind the wheel often so you can improve your skills and confidence.
Are you still stuck in a rut after a traumatic car accident? Look to the Stockdale paradox for motivation. Named after Vice Admiral James Stockdale, the theory presents an alternative to candy-coated optimism. Instead, it suggests that sufferers should acknowledge the reality of their situation but resolve to persevere anyway. Your post-crash dream life may not look exactly like your past ambitions, but you can accomplish great things with some grit.
Dr. Dennis Charney explains it eloquently here: "The Stockdale Paradox defines the optimism that is most important in becoming a resilient person, and that is, when you're faced with a challenge or a trauma, you look at that challenge objectively. You might assess, 'I'm in huge trouble.' You have a realistic assessment of what you're facing. But, on the other hand, you have the attitude and the confidence to say, 'But I will prevail. I'm in a tough spot, but I will prevail.' That is the optimism that relates to resilience."
As you look forward to a fulfilling post-accident life, don't forget the importance of strong legal advocacy. Contact Smith, Wallis, and Scott, LLP, today to learn more.
After your work injury, how can you move on with your life? You've mapped out your goals. You know precisely what you want and what it will take to achieve your ambitions. So why are you still stuck at step one?
Obtaining fair compensation can beat down even the most optimistic employees, but this is not the time to give up hope. Keep reading to learn more about overcoming everyday obstacles:
Considering Other Professions
Despite fully recovering, you may have discovered that you are no longer cut out for highly physical work. Refrain from stubbornly pursuing a career path that no longer makes sense. You can still fulfill your goal of feeling productive; you might have to pursue your dream in a different capacity. For example, instead of taking on the more physical aspects of construction, you could work in the office or try for a management position. In addition, your experience could prompt new endeavors, such as campaigning for better adherence to workplace safety standards.
Changing professions may prove necessary. Don't let a new career path scare you; take time to acquaint yourself with your new field. Seek training from community colleges or apprentice programs. Utilize the numerous transferable skills developed in your previous profession.
Only Equating Success With Your Job
Professional pursuits can deliver fulfillment, but a successful career is by no means the only hallmark of a satisfying life. If you can no longer resume your previous job, find new ways to define yourself. Hobbies, volunteer efforts, and strong relationships can fill the void left by a demanding career. Set goals outside of the work world and celebrate each new achievement.
Overcome legal and personal obstacles with assistance from Smith, Wallis, and Scott, LLP. Our team is here to help you succeed. Call or email us to set up a confidential case consultation.
Despite having suffered an injury on the job, you are determined to return to your former profession. This is a wise choice, not only for your finances but also for your mental health and social life. As you recover, however, you'll encounter new challenges, both physical and mental. These challenges can make previously simple workplace tasks a lot more complicated. So keep the following in mind as you return to your chosen field:
Take it Slow
It's tempting to return full force and prove that you are as capable as ever, but that is a recipe for aggravating your injury. So be careful, and do not take on more than you can handle.
Many employers are surprisingly forgiving of workers who cannot fully take on their former duties after injury. Consider asking your employer for a different set of responsibilities as you continue to recover. Again, communication is vital — your employer will not know if a job is beyond your capacity unless you speak up.
Document Your Symptoms
Keep a careful record of your symptoms at work and home. If your condition worsens, take detailed notes and seek prompt medical care. Depending on your current situation and recovery, you may be eligible for ongoing benefits, such as intermittent lost time or reduced earning honors.
Use Good Judgment and Consider Switching Careers
Even the most determined employees often cannot return to their former duties after suffering a workplace injury. It is worth trying, of course, but if you cannot handle your former job, it may be time to consider working in a new field. Of course, only you know what you can take, so be aware of your post-injury abilities.
The mental burden can be considerable in the aftermath of a workplace injury. Keep the legal stress to a minimum with help from Smith, Wallis, and Scott, LLP.
After suffering a workplace injury and undergoing a grueling recovery period, you believe you're ready to work again — but not for your former employer. Your injuries may be too severe, or your mental trauma too significant to handle the demands of your old job. Knowing your limits is good, but your workers' compensation will only carry you so far. So keep the following considerations in mind as you hunt for a new job in a new career field:
Think About the Physical Aspects of Your New Career
Could you be trading one physically grueling field for another? Some jobs seem more accessible to outsiders than they are, so do your research and determine whether you can handle the physical demands of your intended career path. It may help to shadow somebody in the field so that you know exactly what a typical day on the job will entail.
Utilize Your Transferable Skills
Many of the skills you developed in your previous profession can be used to transfer seamlessly into a new field. As you search for a new career path, take stock of all you've accomplished thus far, and determine which skills new employers might value. For example, communication skills can be developed even in very physical jobs, and the teamwork you've demonstrated in your past work might impress a new employer.
Frame This Transition As An Exciting Opportunity
Transiting may prove difficult if you loved the job you had before your injury. Instead of viewing this career shift as a burden, consider the possibilities. What began as a devastating injury may end with you discovering the career of your dreams.
As you pursue work in a new field, Smith, Wallis, and Scott, LLP can help you obtain the workers' compensation you are owed. Call 770-214-2500 for more information.
Recovery after a workplace injury can be frustratingly slow, but your ultimate goal is to get back to work as soon as possible. Minimal stress and a healthy lifestyle can accelerate the recovery process, so be sure to incorporate the following practices into your daily life:
Pursue Strength Training
Strength training can help your body bounce back from injury while reducing the potential for future injuries. If you're already working with a physical therapist, complete all the exercises you've been instructed to do at home. In the future, it may also help to work with a personal trainer.
Eat a Healthy Diet
The proper nutrients can make a huge difference as you embark on the recovery process — and foods that lack nutrients can bring your progress to a standstill. Of course, fruits and vegetables are essential, but healthy protein sources are equally crucial for muscle repair. Likewise, keep refined carbohydrates to a minimum. Keeping all food groups in moderation will result in a balanced diet and a healthier body.
Tackle Stress
The mental aspects of recovery are often more challenging than the physical pain and discomfort. It's easy to get discouraged, especially if the recovery process doesn't go as quickly as you anticipated. However, the last thing you need right now is additional stress, so tackle it head-on through prayer, meditation, yoga, or regular visits with a therapist.
Documentation
Certain behaviors and practices may worsen your condition, but documentation makes it easier to identify patterns. For example, record your diet, strength training regimen, and any symptoms you observe during the day. Then, make adjustments accordingly, based on the advice of your physician or physical therapist.
As you tackle the mental and physical aspects of recovery, let Smith, Wallis, and Scott, LLP handle the legal side of your case.
Getting Back to Work After Your Injury
In your vision of life after your work injury, you've returned to work following a lengthy recovery period. You may carry out the same daily tasks that occupied your time before your injury. Another possible outcome: your injury convinced you to take stock of your career and what it could be. Rather than return to your former job, you now enjoy a better position for an employer who values your health and safety. Either way, you earn enough to get by and enjoy complete professional satisfaction.
Work-Life Balance After Your Work Injury
There is more to life than work. While the right job can deliver fulfillment, many people with seemingly miserable occupations find happiness. Be realistic about your job prospects; if a total return to work isn't in the cards, envision a satisfying life away from the daily grind. Your injury may keep you from your previous position, but you can still make the most of your talent as a part-time employee or volunteer.
Allow Yourself to Mourn
Denying reality will only make you feel worse. If your injury destroyed your career trajectory, take some time to feel bad about it. Set a limit on your mourning, however. In special situations, Georgia workers' compensation covers mental health treatment; take advantage of counseling opportunities.
Smith, Wallis, and Scott, LLP can help you navigate your workers' compensation settlement and achieve your dream life. Get in touch today to learn more.
A workplace injury has left you unable to complete your typical job duties. Reinjury could result in a much more extended leave and may even call the legitimacy of your earlier workers' compensation claim into doubt. At this point, avoiding additional injury should be your chief priority. Speak with your doctor and therapist about the following potentially innovative ideas:
Yoga After Your Injury
A limber body and a good balance are crucial to injury prevention. Consider enrolling in an easy yoga class at a local studio, or better yet, one specifically targeted at people dealing with illness and injury. Avoid the temptation to challenge yourself with an advanced course such as vinyasa or ashtanga, as overdoing it could lead to the exact afflictions you're trying to prevent.
Take it Easy
There are better times to try strenuous new activities such as water skiing or snowboarding than the aftermath of a workplace injury. Recreation-related reinjury is not eligible for compensation, and it could even call your previous injury into doubt. Consult a physician before trying any potentially strenuous activities.
As you recover, look to Smith, Wallis, and Scott, LLP, for assistance with your Georgia worker's compensation claim.
Knowledge is power in the aftermath of a workplace injury. These resources will provide valuable insight and inspiration as you recover from your injury and prepare for your return to the workforce:
Workers' compensation varies significantly from one state to the next. Learn more about regional disparities in this report from NPR and ProPublica, which shines a much-needed light on problematic issues with workers' comp and the treatment of injured employees.
Over time, the failure to provide proper coverage for injured employees leads to significant financial hardship. This Occupational Safety & Health Administration (OSHA) report highlights workers' compensation (or lack thereof) 's role in income inequality. It also offers suggestions for better protecting workers in the future.
As an employee, you may have little control over your employers' safety standards and adherence to OSHA regulations. However, you can avoid joint issues like carpal tunnel syndrome and eye strain. This Howcast video is most applicable to office workers but offers advice for those who regularly move heavy loads.
You'll instantly relate to this story of woe from injured worker Bill Bowman. Bowman details how he and his family were impacted by workplace injury in this free podcast. Although he hails from Canada, his story offers valuable insight for anybody injured on the job.
The more you know about workers' compensation and its role in your recovery, the better. So get educated; contact Smith, Wallis, and Scott, LLP, for more information on workers' comp in Georgia.
A monthly podcast from the International Association of Industrial Accident Boards (IAIABC), Accidentally offers compelling insights into workers' compensation: its history, how it stands today, and anticipated innovations.
WCRI is committed to providing the public with accurate, up-to-date information on workers' compensation and its role in the United States economy. The organization offers extensive benchmark information.
Although created in Australia, this YouTube video applies to injured workers in the United States who struggle to overcome unfortunate stereotypes of laziness and lethargy. In These Are Our Stories, Australians recovering from illnesses and conditions incurred on the job speak of their suffering, their recovery, and their hopes for lives free of pain and negative judgment.
Thousands of workers are killed yearly, and many more are injured due to safety violations. The Occupational Safety and Health Administration has yet to release violation information for 2017, but the 2016 list is in keeping with long-term trends. Ongoing issues include a complete lack of protection against falls, poor hazard communication, and minimal respiratory protection. A thorough understanding of these issues and their role in your injury (or could play in future injuries) could impact the capacity in which you eventually choose to return to work.
Once you've finished looking through the resources outlined above, contact Smith, Wallis, and Scott, LLP, to learn about workers' compensation.
In the short term, worker's compensation allows you to step back from a dangerous workplace setting and recover from injuries sustained on the job. Over time, however, a lack of meaningful work may leave you feeling socially and mentally unfulfilled, placing you at greater risk of depression. If you're currently on worker's compensation, look out for the problems detailed below:
Lack of Social Connection
One of the most underrated benefits of working a full-time job is spending significant time within a close social network. You might not always like your coworkers, but you have a great deal in common with them — and they can provide a shoulder to lean on when the going gets tough. Unfortunately, you may feel lonelier and less connected to your once solid social group if you spend your time away from work while receiving worker's compensation. This sense of disconnection could ultimately lead to depression.
Learned Helplessness
Learned helplessness occurs when a victim or perceived victim develops a mindset of powerlessness. This is the brain's way of dealing with traumatic situations, but unfortunately, it can make it very difficult to move forward. For example, employees injured on the job may develop learned helplessness and rely on their worker's compensation as a crutch, thereby failing to reclaim the sense of accomplishment that once accompanied a successful day on the job.
As you strive for a worker's compensation claim that aligns with the severity of your injury, keep in mind that there could be a downside to taking long breaks from work. However, this understanding should allow you to take advantage of the compensation you're owed. Instead, help you avoid mental health problems that commonly strike employees who spend extended periods away from the workplace.
Contact Smith, Wallis & Scott, LLP at your earliest convenience to learn more about the legal aspects of worker's compensation.
There's no denying it—your workplace injury changed everything. Whether you currently suffer physical pain or anxiety about your future, life no longer looks quite like it did before your accident. The key to moving forward in peace? Acknowledging and accepting what's true now. As the Chinese philosopher, Lao Tzu eloquently said, "Life is a series of natural and spontaneous changes. Don't resist them—that only creates sorrow. Let reality be reality. Let things flow naturally forward in whatever way they like."
Follow these suggestions to get your life back on track:
Determine What's Different Now
Take a few minutes to think carefully about your day-to-day life and how it's changed since the accident. Examples may include:
Clarify Your True Feelings and Needs
Once you've determined how life differs today, delve into your true feelings about the situation and your plans to move forward. Then, in your journal, reflect on the following questions:
A little reflection can make a big difference as you determine how to proceed. Life might not look exactly like it did before your workplace accident, but there's still plenty to accomplish and plenty to celebrate.
No matter how your life has changed—whether a lower back injury has made it impossible to lift your young child without pain or whiplash from a construction accident has caused you to rack up thousands in chiropractor bills—you can count on Smith, Wallis & Scott, LLP for support. Call (770) 214-2500 today to learn how we can assist you with your Georgia workers' compensation case.
There is no such thing as too much support for Social Security Disability Insurance recipients and their valued caregivers. From FAQs and blogs to YouTube videos, everything helps. So take some time to browse the valuable resources highlighted below—you’ll be glad you did!
Social Security Disability: Frequently Asked Questions
The official FAQ page of the Social Security Administration answers common questions about retirement benefits, returning to work, Compassionate Allowances, and more.
The Faces and Facts of Social Security
The SSA maintains a blog that provides a wealth of information on the everyday applications of the disability system. The articles contained therein cover everything from the pioneers of Social Security to the role of mental health in disability claims.
A Day in the Life of a Caregiver
Do you feel as if your efforts as a caregiver are rarely recognized? Then, watch this YouTube video from AARP, and share it via social media to let your loved ones in on your caregiving struggles and triumphs. The video captures what it’s like to care for a disabled individual.
Kalispell’s SSDI YouTube Videos
YouTube user Kalispell has ample experience with the SSDI program. Her channel details the complications of applying for SSDI and life after approval, including why she continues to work and how she coordinates her schedule to make the most of her benefits.
How to Live on Disability Even If You Are Broke
SSDI benefits are typically modest; many claimants receive less than $1,000 per month. This detailed article from Confined to Success offers excellent insight into budgeting for SSDI recipients. You’ll learn to stretch each dollar further and pursue greater financial security.
Fantastic Resources For People on Social Security Disability and Their Caretakers: Part 1
Since its founding during the Great Depression, the Social Security Disability Insurance program has made life more bearable for millions of Americans who would otherwise face crippling poverty or a complete lack of independence.
Unfortunately, if you’re injured or disabled, the difficulties don’t stop upon approval of your SSDI claim. Whether you receive benefits or care for a loved one on SSDI, you can use continual help and support, which you’ll find with these valuable resources:
Ticket to Work Program
Are you interested in returning to work but worried about losing your benefits? Then, join the Social Security Administration’s Ticket to Work Program, a free and voluntary opportunity for SSDI and SSI beneficiaries. You can safely explore various work options while enjoying protection from continuing medical disability reviews. Visit the program overview at the SSA’s website to learn more.
NAIDW’s Social Security Disability Support
Sometimes, when your disability gets you down, all you need is a little encouragement from somebody who has been in your position. That’s precisely what you’ll find at the Social Security Disability Support forum maintained by the National Association of Injured and Disabled Workers (NAIDW). Stop by the chat room or check out the links posted by the site’s administrator.
Telling Our Disability Stories: The ATC Podcast
If you ever feel alone due to disability, listen to the ATC Podcast for an instant sense of belonging. The program features heartening stories from individuals with disabilities.
Can I Get Paid…As a Caregiver?
This AARP guide provides extensive insight into the role of caregivers and the potential for receiving compensation. In addition, it offers a valuable reminder of the importance of taking care of your financial and emotional health as you also care for loved ones with disabilities.
Living Well and Getting What You Need With a Slimmed-Down Budget [for Social Security Disability Claimants]
A reduced disposable income may prevent you from previous pursuits. Still, with careful budgeting and a better spending assessment, you can live a full and rewarding life on a minimal income. In a two-part series, we’ll explore life on a slimmed-down budget.
Budgeting 101
Before you can live your best life on a slimmed-down budget, you need to know just how slim it is—and where you have room to cut back.
Budgeting doesn’t come naturally for most of us. In a 2015 Bankrate.com survey, 82 percent of Americans claimed to keep a budget—but most of their methods were suspect. Mental budgets won’t cut it, nor will scrawling numbers on an old receipt. Thankfully, a variety of smartphone apps and online budgeting systems make things easier to manage. For some, however, pencil and paper suffice.
Begin by taking stock of all fixed income and expenditures. These could include Social Security benefits, income from a part-time job, rent, or student loan payments.
Finally, estimate variable costs. These include food, entertainment, and transportation. After you’ve constructed your initial budget, continue tracking these expenses to determine the accuracy of your original estimates.
Choose Goals and Assign Costs
Outline your financial and personal goals, and determine where they overlap. Next, highlight your top aspirations and estimate their cost. For example, a frugal beach vacation might cost you $1,000 for lodging, flight, and food. Now that you’ve established your budget, you can determine how many months it will take to save up for this goal while maintaining your current income.
Determining How You Want to Spend Your Budget: Spending on Things or Experiences?
Ample research indicates that people derive far more satisfaction when they spend their money on experiences rather than material objects. You may have little cash available for either, but some of life’s most exciting experiences are surprisingly affordable. So when tempted to splurge on items you previously would have deemed essential, think carefully: do you actually need these material goods? How long will you enjoy them, or how soon will they collect dust in the closet?
Read These Books While Pursuing Your Social Security Disability Benefits Case
Chronic illness and injury sufferers complain nearly as much about boredom as they do about the physical symptoms of their maladies. Social Security Disability Insurance (SSDI) benefits may be appreciated, but it’s tough to replace that sense of purpose that accompanies a regular workday. Instead of sitting at home and feeling sorry for yourself, tackle this reading list:
David and Goliath: Underdogs, Misfits, and the Art of Battling Giants — Malcolm Gladwell
Whenever you feel defeated, grab this inspiring ode to the underdog, which reexamines stereotypes about advantage and disadvantage.
Not Broken: Making the Transition to Living With Physical Disability — Andrea M. Orsini
Don’t let disability define you. “Not Broken” features valuable strategies for handling the mental, emotional, and social challenges associated with physical impairments. This valuable read will help you reclaim your personal power and momentum.
At Home: A Short History of Private Life — Bill Bryson
Sitting at home isn’t so bad, as you’ll discover while paging through one of Bill Bryson’s most underrated works. You’ll learn more about the common household items you take for granted.
Gilead — Marilynne Robinson
The deserved recipient of a Pulitzer Prize, “Gilead” tells the somber tale of Reverend John Ames, a small-town pastor with a devastating heart condition. The book demonstrates why faith is an integral component of daily life, even (or especially) for those dealing with terminal illness.
Life Without Limits: Inspiration for a Ridiculously Good Life — Nick Vujicic
You won’t feel bad about your malady after reading “Life Without Limits.” Written by a man who lacks limbs, the book shows how anybody can lead an extraordinary life, regardless of disability.
If you need a social security disability lawyer in Georgia, call SWS Accident & Injury Lawyers today at 770-214-2500 for a free consultation.
Spine injuries are not to be taken lightly; if you have been injured at work, you may need to seek workers' compensation for your back injury. Back injuries involving severe trauma frequently lead to spinal cord damage. Ensuing problems could be life-changing, with victims suffering partial or complete paralysis. Immediate treatment is imperative, so it's essential to understand the condition and recognize symptoms.
What Is the Spinal Cord?
The spinal cord comprises a bundle of nerve fibers enclosed within the spine. This critical group of threads connects most body parts to the brain. Together, the brain and spinal cord form the central nervous system.
Spinal Nerves
Dozens of spinal nerves emerge from the spinal cord, appearing in short branches known as roots. Sensory roots carry information from all over the body to the brain. Motor roots deliver commands from the brain to various body parts, including skeletal muscles.
Common Spinal Cord Injuries
Spinal cord injuries are among the most permanently debilitating of all back problems. These injuries are defined based on where they occur and the severity of the damage. These factors also determine how much patients can control their limbs following injury. A complete injury occurs when the patient loses nearly all feeling and motor function below the site of damage. Those with incomplete injuries retain some motor or sensory function.
If the injury impacts the arms, legs, trunk, and internal organs, it may be referred to as quadriplegia. Paraplegia occurs when the legs, trunk, and internal organs are affected, but not the arms and hands.
Symptoms of Spinal Cord Injuries
Top spinal cord injury symptoms include loss of motor function and feeling in the affected areas. Additionally, spinal cord damage could lead to loss of bladder control, difficulty breathing, exaggerated spasms, lack of coordination, or an intense stinging sensation.
In the aftermath of a spinal cord injury, getting in touch with a trusted workers' compensation attorney is essential. Contact Smith, Wallis & Scott, LLP at your earliest convenience at (770) 214-2500.
The back is a surprisingly complicated structure, making it difficult to ascertain the specific cause and solution to chronic pain. However, as a back pain sufferer, it behooves you to gain a thorough understanding of the damage you may have endured. Read on to learn about the vertebrae, which play a critical role in numerous injuries:
What Are Vertebrae?
Vertebrae consist of a series of nearly three dozen interlocking bones. Together, these make up the spinal column. Each vertebra features a load-bearing body, an arch that protects the spinal cord, and attachment points that ensure flexible movement.
Classifying Vertebrae
Experts classify vertebrae based on their position. For example, the spinal column's upper portion features cervical vertebrae, while thoracic vertebrae offer attachment points for the ribs. In addition, the sacral and caudal vertebrae are fused into the sacrum and tailbone.
Common Vertebral Injuries
Various injuries strike the vertebrae; most are serious enough to cause severe pain. Vertebral compression fractures may occur in response to osteoporosis but can also result from excessive pressure or a hard fall. Severe compression fractures are known as burst fractures; these occur when the bone shatters, with bone fragments possibly piercing the spinal cord.
Although less severe than burst fractures, vertebral dislocation can prove quite painful. A dislocation occurs when one or more vertebrae are displaced, typically in response to a traumatic neck injury. Occasionally, dislocation and fractures occur at the same time, damaging both soft tissue and the spinal cord.
Symptoms of vertebral injuries vary somewhat based on the severity and whether a burst occurs, but sufferers can expect to experience intense pain, which worsens while standing or walking. Many also suffer a reduced range of motion.
If you suspect you've suffered a vertebral injury on the job, contact Smith, Wallis & Scott, LLP at (770) 214-2500 to learn more about your options.
When picturing back injuries, people typically imagine fractures or other acute issues. But, some of the most common—and debilitating—conditions involve chronic connective tissue damage. Keep reading for a brief overview of need-to-know terms and other valuable information about connective tissue-related pain.
Tendons and Ligaments
Tendons and ligaments are fibrous bands of connective tissue that link two or more structures (typically bones or cartilage) together. These tissue bands are often to blame for work-related back pain; employees may twist or pull tendons or ligaments while completing everyday work functions—the result: strains and sprains, which involve muscle cramping and significantly decreased range of motion.
Fascia
Often compared to sweaters due to their densely woven structure, fascia cover bones, muscles, nerves, and internal organs. They also protect the spinal cord.
An oft-forgotten element of spinal injuries, fascia remains poorly understood. Fascia injuries typically follow repeated strain, such as heavy lifting or frequent bending. As a result, patients may experience dull pain or more intense sensations that worsen while completing essential workday tasks. Over time, fascia injuries may lead to trigger points (and further pain) or reduced strength and range of motion.
Synovial Membrane
A protective layer of connective tissue responsible for protecting tendons and joints, the synovial membrane (also known as the synovium) can become inflamed or damaged by traumatic joint injuries. This may lead to pain or swelling. In addition, synovial cysts often result from spinal degeneration. Although uncommon, this condition can cause back pain, leg pain (known as sciatica), and sometimes, muscle weakness or cramping in the legs.
Whether you've suffered a workplace injury to your fascia, tendon, or ligament, seek experienced counsel. Reach out to Smith, Wallis & Scott, LLP at (770) 214-2500 to learn about the next strategic steps in your workers' compensation for your back injury.
A shocking 80 percent of Americans experiences back pain at some point. While many witnesses gradual onset with age, others suffer acute pain due to workplace accidents. Quick recovery hinges on prompt medical attention and proper care at home.
Eager to eradicate back pain? This is not a medical blog. And you should never change your exercise or dietary regimen before speaking with your doctor—but you might find these insights valuable.
Rethinking Bed Rest?
Medical experts once prescribed rest as a cure-all for back problems, but recent research suggests prolonged rest could hurt more than it helps. So today, authorities recommend gently resuming physical activity soon after an accident. A daily stroll can make a difference, as can recovery-oriented yoga classes.
Take Regular Breaks
Instead of committing to long, uninterrupted periods of bed rest, talk to your doctor/therapist about taking regular breaks to avoid overloading your back. Breaks may prove necessary for both physical and sedentary activities. For example, instead of sitting at your desk all afternoon, stand up and move around at least once every half hour.
Be Diligent About Physical Therapy
Occasionally visiting your physical therapist is not good enough; honor all appointments and complete any recommended exercises. Be honest with your physical therapist about your routine and current pain. Avoid underplaying or exaggerating what's happening to you.
Don't Expect an Immediate Recovery
Moderate your expectations. Anticipate weeks, possibly even months, of difficulty following your back injury. Stay calm if your back heals more slowly than you initially hoped. You could suffer even worse injuries if you push recovery and try to return to your routine before you're ready.
Let Smith, Wallis, and Scott handle the legal aspects of your workers' compensation for your back injury. Then, call us at (770) 214-2500 to schedule a free, confidential case evaluation.
You'll never forget the phone call; someone you love has been injured in a Georgia car accident. Your day was going along like any other; you got the news. A catastrophic car accident severely hurt someone you love. Perhaps a runaway truck veered into your mother's car's lane, or maybe a teen driver immersed in text messaging T-boned the vehicle.
In any case, the situation has probably been quite overwhelming. Hopefully, your loved one survived. But no matter what happens, you face many challenges in the weeks ahead.
To that end, in this and upcoming posts, we'll discuss strategies, tactics, and resources to cope with the aftermath of a loved one's car crash. So call us for immediate, personal assistance.
A dear friend or loved one is hurt, and you want to help. What constructive steps can you take? We'll explore your options in a two-part post. (These are not presented in time-sensitive order, nor are they comprehensive. For insight into a legal case, consult an experienced car accident attorney. For medical advice, speak with a qualified doctor.)
If possible, get a ride to the hospital from a friend. Science suggests that learning about trauma can impair your driving ability, so play it safe. If necessary, use public transportation or ride-share service.
If you have babies, toddlers, or young kids, make arrangements for them as soon as possible against all else so that you can concentrate on your injured loved one. You may need to notify the school and have someone collect your children. Then, ask a relative or friend to take care of them for a few days.
Ask one or two people to spread the word so you do not have to rehash the news repeatedly.
You may need to inform your boss and your loved one's employer of the situation. If you can't be at work for a while, ask your Human Resources (HR) person about the company leave policy.
Be direct, and be specific. What do you need to serve your loved one, coordinate with doctors, and stay comfortable? For instance: get fresh clothes, toiletries, medications, your cell phone charger, and your tablet.
Get the report number and the name of the officer who went to the accident scene.
Time may be of the essence to preserve critical evidence from the scene of the crash before it gets cleaned up or forensic clues get lost. Our Smith, Wallis, and Scott LLP team can help you develop a battle plan. Call us at (770) 214-2500 for your next steps.
In the short term, your to-do list will likely be packed. (And it's not like you didn't already have a tremendous amount on your plate.) Among many other projects, you might have to notify employers, friends, and relatives; help with the immediate medical crisis; keep the family going with meals, clean clothes, and school; deal with insurance issues, and find a good lawyer. We'll explore challenges related to all these problems.
Depending on what happened, the echo of the accident could ring for some time. Over the long haul, you may need to deal with costly rehab; psychological fallout, loss of income to the family; and legal and financial crises. We'll walk you through what to expect and connect you with powerful resources to weather the storms ahead.
Undoubtedly, you're feeling strong emotions—overwhelm, anxiety, dread, perhaps numbness. But you don't have to go through these challenges alone! The experienced team at Smith, Wallis, and Scott LLP stands by to help your family understand and protect your rights. Call us at (770) 214-2500 for a confidential free consultation. We can help you reclaim control.
In a previous post, we cataloged seven smart steps after a loved one is hurt in a Georgia car accident. The first several days after this trauma can be disorienting. To that end, we've assembled a few more resourceful steps you can take to feel in control:
How did the crash occur? Who caused it? What's the car's status now, and what happened to the others involved? If your loved one is conscious, you may be able to obtain answers. Write down any information you get.
Can you reach/call people who saw the accident or experienced it as passengers or pedestrians? If so, get their names and contact information. Ask for their stories and copies of any cell phone pictures they took. The human memory is notoriously malleable: witness statements recorded right after a crash are much more accurate than those remembered days or weeks afterward.
Depending on your relationship with the injured person, you may be barred from learning about the medical treatment or prognosis. (If you're a spouse who has legal authority over your husband's care, you'll obviously have more power than if you're just a good friend.) Nevertheless, observe the care provided, take notes and ask good questions. Ensure your loved one isn't being ignored, and communicate any questions or concerns with staff. Be assertive (but avoid being rude).
Eat healthy meals (i.e., "real food" with good fats, healthy protein, and vegetables)—and don't fill up on junk food from the hospital vending machine. Rest if and when possible. Even a 20-minute nap is better than nothing. Get fresh air, talk to people you trust about your feelings related to the crash, and practice mindful breathing.
Aside from the medical/rehab challenges ahead, your loved one will likely need to deal with the insurance company, work, finances, and beyond. Write down everything on your mind about the situation, and compile a list to ask an experienced Georgia car accident lawyer. The clearer your perspective, the better aid you can give to your loved one.
Call the Smith, Wallis, and Scott LLP team for insight about what to do now. In addition, we offer free, no obligation, confidential consultations at (770) 214-2500.
Concussions are a significant alarm point for athletes, their coaches, and their parents. This concern is certainly warranted, but athletic injuries are far from the only source of concussions. For example, the United States Centers for Disease Control and Prevention estimates that car accidents cause 14.3 percent of all traumatic brain injuries. Given the number of vehicles on the road in Atlanta, Douglasville, Gainesville, Carrollton, and other towns throughout Georgia, the risk of a concussion in an automobile accident also continues to grow.
The recovery process can be long and difficult for those concussed in car accidents. Caretakers play a critical role in diagnosis, symptom management, and improving the general quality of life. Below we'll explore steps you can take to support a loved one dealing with a car crash-induced concussion.
With concussions—as with most injuries—quick diagnosis is always better. The car accident alone should indicate possible trouble. Look for the following common symptoms:
Victims may not exhibit memory or concentration problems until several days have passed. Light sensitivity, sleep disturbances, or personality changes may also emerge with time. Watch for signs of second-impact syndrome, in which an additional concussion causes rapid swelling and symptoms mimicking the initial trauma—but worse. If you suspect a second concussion, get your loved one to the emergency room ASAP.
Seek prompt medical attention as soon as you note the symptoms outlined above. Additional resources for Atlanta area concussion victims and their caregivers include:
Have you or a loved one suffered a concussion due to a negligence-based car accident? The car accident lawyers at Smith, Wallis, and Scott can help you recover the damages you deserve. Call us at 770-214-2500 to schedule a free consultation.
A mild form of traumatic brain injury, concussions lead to intense pain, sensitivity, and other symptoms. Although these side effects typically disappear after a few days, some sufferers take weeks, even months, to recover. Detailed below are a few of the best ways you can encourage prompt recovery for a loved one concussed in a car accident:
From colds to concussions, rest is nearly always the best solution. Your loved one may feel tempted to tough it out and get back to regular life, but this could cause further injury, followed by an even more extended recovery period. Be the voice of reason during this challenging time, and encourage as much rest as possible—assuming that's what a qualified physician suggests. You can help by volunteering to care for your loved one's kids, completing chores, or cooking meals. If you want to hang out, choose relaxing at-home activities instead of hitting local bars or clubs.
Remembering details can be all but impossible in the aftermath of a concussion. Your loved one may struggle to recall dates for medical appointments or other essentials. Implement an easy-to-use system for recording notes and providing deadline reminders. Google Calendar and other apps can work wonders, but you may have to navigate the app independently, as concussion victims often find mobile devices challenging.
It could be sometime before your loved one can resume driving, biking, or even riding the bus safely. Ideally, this person will rest at home as much as possible, but your help can ensure easy access to medical services and other necessities. For example, arrange for grocery delivery or home health care if you lack time for actual car rides.
Sometimes, concussion victims need a shoulder to cry on. Recovery can be intensely painful but also frustratingly dull. Be prepared to listen as your beloved concussion sufferer shares the worst aspects of their experience. Your patience will not be forgotten. Seek additional support from Smith, Wallis, and Scott, LLP. Call us today at (770) 214-2500. We can help your loved one obtain fair, complete compensation for damages related to the car accident.
As a caregiver, you face the burdens of everyday life and time-consuming and stressful jobs such as disbursing medications and driving loved ones to medical appointments. With so much on your plate, it's easy to fall behind on sleep, exercise, and other elements of healthy living. If your health suffers, however, you'll find it much more challenging to provide the care your loved one needs. Follow these tips to find a healthy balance:
There's no shame in seeking help from more experienced professionals. In-home health aides reduce your driving and caretaking time, allowing you to focus on other pursuits. In addition, your health insurance or personal injury settlement may cover some or all of the cost.
Don't limit hired help to nurse and caretaking; cleaning and landscaping services can save you a great deal of time and stress—and they're more affordable than you think.
Make the most of each minute by combining fun with errands. For example, if you struggle to make time for both exercise and to socialize, attend a group fitness class with your best bud. You can also ask friends to visit you at home so you can be on-hand for caretaking necessities.
At least once a week, take a break from your caregiving duties and indulge. Whether your idea of pampering involves a bubble bath, beer, or your favorite TV show, you deserve a break. So refreshed, you'll provide far better care than you would if overworked and overstressed.
Smith, Wallis, and Scott can eliminate the legal burden from your caretaking ordeal, allowing you to focus on other important matters. Call us to start the process: we can help your loved one obtain justice and fair compensation: (770) 214-2500
Your loved one recently suffered a horrific car accident, and now, the mere thought of driving fills you with fear. Unfortunately, avoiding the road may be out of the question, especially if the car crash victim in your life requires transportation for medical appointments and courtroom endeavors. These tips will help you get over your crippling fear and return to complete confidence behind the wheel:
If you're afraid to drive, a busy freeway at rush hour is the worst place to confront your fear. Instead, stick to back roads and lighter traffic until you feel comfortable.
If driving alone makes you anxious, arrange carpools or ask a friend or family member to accompany you on errands.
Defensive driving classes equip participants with the knowledge and split-second instincts they need to ensure the best outcome in the event of a collision. Once you complete the course, you should feel more in control behind the wheel.
If driving-related anxiety refuses to go away or creeps into other elements of everyday life, visit a therapist or counselor. Cognitive behavioral therapy could prove particularly helpful as you deal with intrusive rumination; your therapist can teach you to reframe your thoughts and fix incorrect notions. You may also benefit from exposure and response prevention therapy, which involves a series of tasks closely related to the cause of your current anxiety. The goal is to make anxiety-inducing tasks feel routine.
The stress of driving is bad enough after a car crash—the last thing you need is legal anxiety as well. The Smith, Wallis, and Scott team can ease this burden and help your loved one obtain compensation; get in touch today at (770) 214-2500 to learn more.
Social Security disability benefits allow you to make ends meet, but just barely. Unfortunately, if the Social Security Administration (SSA) claims that your payments are too high, you may suffer garnished tax returns or even be forced to write a check for the overpaid amount.
What Causes Overpayment?
Several circumstances prompt higher SSI or SSDI compensation than anticipated. Examples include:
What Happens If My Payment Is Too High?
If the Social Security Administration discovers that you’ve received benefits beyond what you’re entitled, you may receive notice, along with a request for repayment within one month. The message may also include a plan for withholding future disability payments and the date on which the proposed withdrawal will begin.
What If You Don’t Think You Received Excessive Compensation?
If you feel you were paid correctly, request a reconsideration within ten days of hearing from the SSA. If you believe, however, you were overpaid but not due to any wrongdoing on your part, request a waiver. If granted, this will allow you to avoid repayment. First, however, you must demonstrate that you were not at fault, and that paying the SSA back would cause severe financial hardship. Be prepared to submit bills indicating that your monthly expenses approach or exceed your income. Consider seeking feedback from the SSA on the criteria used to determine whether you received more benefits than warranted.
What If Your Request Is Denied?
You have the right to appeal denial of your waiver request. However, if the SSA continues to insist that you were overpaid, withholdings from your monthly benefits payments may occur. If you no longer receive benefits, you can petition for monthly payments. Your overpayment may also be withheld from your federal tax return.
Schedule Your
Free Consultation
Copyright © 2024 SWS Accident & Injury Lawyers
