The Blog

April is National Social Security Month!

April is National Social Security Month!  The Social Security website has provided five steps to assist in your financial security.

Step One: Allows you to get to know your Social Security and explains how Social Security is more than just retirement benefits.

Step Two: Allows you to review and verify your earnings by logging into or creating an account through my Social Security.  Please note that in order to be eligible for disability, retirement, and Medicare benefits you need to have earned 40 work credits.  $1300.00 = 1 credit and an individual can earn up to 4 credits a year.

Step Three: Shows how to calculate and estimate your social security benefits.  Planning for retirement can be tedious, however, social security has devised a system to assist in determining how long someone will have to work in order to live comfortably in their retirement.

Step Four: Shows how to apply for benefits.  The Social Security Administrations does accommodate all individuals and allows those who cannot leave their home to apply by phone as well.

Step Five: Allows you to manage your benefits and control your benefits when you need to via your my Social Security account.

Click the link below to review additional information regarding the above five steps.

https://www.ssa.gov/agency/5-steps-toward-your-financial-security/

 

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Pursuing PTSD Claims

As a VA attorney, I speak to many potential clients who wish to pursue claims for post-traumatic stress disorder (PTSD).  For VA purposes, PTSD occurs when a veteran experiences a traumatic event while in the military.    According to the VA, the symptoms of PTSD include “reliving the event, avoiding places or things that remind you of the event, a shift to more negative thoughts and feelings, feeling numb, and feeling keyed up (also called hyperarousal)”.  Often times these symptoms can arise many years after the traumatic event.

A lot of people believe that only veterans who experienced a traumatic event during combat can get VA benefits for PTSD.  This is false.    Banks Law has been successful in litigating PTSD claims involving events such as a physical altercation while in the military, sexual harassment by superiors, and near death experiences while in training.

It is important to remember that if you believe you are experiencing symptoms of PTSD and you feel it is related to the military, you must get treatment for it so that there is enough medical evidence to support your case.

If you feel you may have a VA claim for PTSD, please call Banks Law.  Our attorneys would be happy to discuss your case with you.

The article below is a great example of how a paratrooper was awarded PTSD from a non-combat event.  After 43 years, he was finally awarded PTSD as a result of a botched parachute jump:

https://www.armytimes.com/articles/after-43-years-the-army-is-finally-recognizing-this-paratroopers-ptsd

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The Importance Of Medical Treatment For Disability Claims

Medical evidence is a key factor for any disability claim, whether it is workers’ compensation, social security, etc.

The consistency of one’s medical treatment is very important. The length of time and frequency can be helpful to a Judge deciding your case. If there are gaps in your medical care, it’s less likely a Judge will rule in your favor. It’s harder to convince a Judge that you are disabled if you don’t take the time to address your injury with your doctor. The more you treat, the more medical documentation there is to support your claim.

Be open and honest with your treating physicians. Be sure to tell your doctor any and all symptoms you are experiencing. It’s also very important to advise your doctor of any injuries you sustained. Many Claimants leave out factors because it’s not their primary reason for their visit or think it’s not relevant.

Apart from this affecting your legal case, this may affect your condition for the rest of your life.

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Worker’s Compensation: Fact vs. Fiction

1) I tell you negative things about your case because it is important. TRUE.   At some point in time after your workers’ compensation case has gone to court, you are going to be given the opportunity to settle your case. Part of settling your case is evaluating all the pros and cons to our arguments. We determine the value of your case (for settlement purposes) based on many things, but in part how strong we believe our arguments are. Because litigation is uncertain, it is important to know your chances of having a Judge decide your case in your favor versus the certainty of settlement.

2) I can help you with more than just your case. TRUE!

I am a counselor at law so I can give you advice on where you should go for medical treatment, whether you have the right to sue anyone else other than your employer, and whether you can protect your job while you are out of work.

3) I hate it when you call. FALSE, FALSE, FALSE!

I love to talk about your case with you. I really do. Your case is why I have a job. I put time, energy and brain power into your case. If you have questions, I want to answer them. My goal is that you are comfortable and informed of the process every step of the way in your workers’ compensation case.

4) Your past is important. TRUE

I ask about past injuries because I need to know if your injury is an aggravation of a condition you had before your work related injury, or if you were completely asymptomatic before you were hurt making your injury acute/new or, traumatic. By the way, both types of injuries, aggravations and new/acute injuries, are compensable under the PA Workers’ Compensation Act though how the claim is litigated depends on the type of injury involved.

5) I filed for Workers’ Compensation benefits and have a hearing scheduled. I’ll get my benefits awarded at that first hearing. FALSE.

Unfortunately this is false. If your Employer denies your workers’ compensation claim, you will have to file a Claim Petition and go to court to obtain wage loss and medical benefits. Your petition will be heard by a Judge who will ultimately decide whether he/she believes you were injured and, whether the injury disabled you from work. Both the injured worker and the employer have the opportunity to present evidence to the Judge. Litigation takes time. It can take a year or more before the Judge issues a decision. This is one of the many reasons it is so important to have an experienced workers’ compensation attorney represent you. Your attorney can make sure this process goes as quickly as possible and, that the best case is presented to get you the workers’ compensation benefits.

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How much may I be eligible to collect in weekly workers’ compensation benefits if I am injured and how do they come up with that figure?

As one may expect, a work-injury and the missed income following that injury can have a devastating effect on the injured worker and his or her family. This is especially true if your employer’s workers’ compensation insurance carrier decides not to pick up your claim and instead decides to deny you benefits. The good news is, the attorneys and staff at Banks Law will work hard to ensure that you get the best representation which will give you the best opportunity to recover your lost wages and secure your compensation and medical benefits going forward. However, it is important to know that even if you are successful in having the insurance carrier recognize your claim and accept your work injury, you will not receive a weekly check that is equal to what you made while you were working. The amount of weekly compensation benefits an injured worker may be eligible to receive is based on his or her average weekly wage. Depending on what the average weekly wage is, that figure is then used to determine what the injured worker’s weekly compensation benefits rate is. The Workers’ Compensation Rate Schedule is determined by the Pennsylvania Legislature and is updated yearly. The rate schedule for 2017, and the years prior, can be found at http://www.dli.pa.gov/Businesses/Compensation/WC/claims/Pages/Statewide-Average-Weekly-Wage-(SAWW).aspx.

If you have any questions about Workers’ Compensation, Social Security Disability, Long-Term Disability or Veterans Disability, please call and put the hardworking attorneys of Banks Law to work for you.

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