Workers Compensation

Buy-In to Medicaid
The Buy-in to Medicaid program is a form of work incentive that was initiated to provide Medicaid to disabled individuals who, because of the amount of their earned income, would not qualify for Medicaid. Individual states may, but are not required, to provide this incentive by creating a new eligibility group. Currently, just over half the states offer this program with many more planning to do so. Individuals "buy-in" to the program by paying a premium or other fee. However, participating states are not required to seek such payments. More...
Obtaining Workers' Compensation Benefits
Obtaining Workers' Compensation Benefits More...
Issue of "Time" in "By Accident" Concept
Generally, for those jurisdictions adhering to the requirement of injury "by accident" for the injury to be compensable, there is an element of time. Basically, not only must the injury be "accidental" but also the causative event must be fairly identifiable as to time. It has been the general consensus among these jurisdictions that the time element is satisfied if either the event that caused the injury or the resulting injury itself was sudden. The time of the event that caused the injury is sufficiently definite if pinpointed to a span of several hours or days. As for the resulting injury, "suddenness" can include a gradual effect on the worker's body that ends with an injury that is clearly identifiable as to date. More...
Impairment Meets or Equals Listing of Impairments for Social Security Disability Evaluation
In the sequential evaluation of disability by the Social Security Administration (SSA), a major step is whether the individual has a condition that meets the twelve-month duration requirement and that is represented on the Social Security Administration's Listing of Impairments (LOI) or equal to a listed impairment. The LOI is divided into two parts. One part applies to individuals over age eighteen and one part is applicable to individuals under eighteen. More...
"Severe Impairment" for Social Security Disability Determination
In order to recover social security disability benefits, an individual's impairment must be so severe as to significantly limit his ability to work. If the impairment is found to be "not severe," the individual will not be considered "disabled." As established by medical evidence, an impairment constituting only a mild abnormality that has only a minimal effect on the individual's ability to work is not "severe." If an individual suffers from more than one impairment, the impact of the combination of the impairments will be evaluated rather than each impairment independent of the other. More...

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