Boston Personal Injury Lawyers - Iannella and Mummolo

Lawn Mower Safety Tips This Summer*

2008-06-30T12:11:00.000-07:00

Lawn Mower Safety Tips This Summer*

In 2006, 100,000 people were injured in lawn mower accidents. As the summer progresses, the incidence of lawn mower accidents increases, often resulting in the loss of fingers and/or toes, eye damage, or even death. Experts agree that the most effective means of injury prevention rest in the proper utilization of protective goggles, gloves, long pants, and boots.

The American Association of Orthopaedic Surgeons reported that the majority of injuries occurred in adults age 25-64 and children under the age of 5. Further, 22% of injuries affected the wrist/hand area while 14% affected the foot, ankle, and toes. Medical professionals have proposed the following safety guidelines:

• Never mow barefoot or in sandals
• Service your lawnmower before the start of the season to ensure proper functioning
• Refuel your lawnmower before starting the engine and not while the motor is running
• Keep hands and feet at a safe distance from the mower blade even when engine is off

If you have sustained severe injury from a lawn mower accident, you may be a candidate for Social Security Disability Insurance (SSDI). Unfortunately, the Social Security Administration denies most applicants for disability benefits. Nevertheless, speaking with an experienced Social Security Disability advocate can increase your chances of obtaining benefits. In fact, some Social Security help centers boast success rates that exceed 95%.

*Source: The American Association of Orthopaedic Surgeons, CNN

New Study Shows Minimal Benefit from Aggressive Diabetes Treatment*

2008-06-25T07:21:00.000-07:00

New Study Shows Minimal Benefit from Aggressive Diabetes Treatment*

Statistics show that heart disease is responsible for the death of two-thirds of diabetics. In response to these disconcerting reports, some experts have proposed aggressive diabetes treatments to prevent the future incidence of heart problems. However, a recent study released by Australian researchers concludes that this new method of “aggressive” treatment does not forestall cardiovascular pathologies any better than standard methods for lowering blood sugar levels.

The Australian study, which compared the two treatments on thousands of participants, detected no cardiovascular benefit that would warrant the aggressive treatment of Type-2 Diabetes, that is, the number of strokes and heart attacks remained the same between the two study groups. Nevertheless, the study did report that aggressively treating diabetes resulted in a one-fifth reduction of kidney problems, a frequent complication for diabetics.

Diabetes refers to the body’s inability to monitor blood sugar (glucose) levels properly and over 21 million Americans suffer from this debilitating condition. High blood sugar levels put undue stress on the heart and can cause severe fatigue and damage to blood vessels throughout the body. Diabetes may hinder your ability to maintain a steady job and therefore detract from quality of life. Applying for Social Security Disability can provide you and your family with federal assistance to alleviate medical bills and lost wages. You can submit an application for Social Security Disability by contacting your local Social Security Office, but it should be noted that over 80% of applicants are denied benefits at the initial level. By consulting with a Social Security Disability Advocate, you can learn whether you qualify for benefits and how to present your claim in the most favorable manner.

*Source: CNN Health

Social Security Disability Commericial - Iannella and Mummolo

2008-03-06T10:39:00.000-08:00

Iannella and Mummolo Social Security Disability Commercial from the '90s

Winter Auto Accident in Boston, Massachusetts - Iannella and Mummolo

2008-01-28T10:16:00.000-08:00

The winter is upon us and slippery roads, black ice, and snow have started to grace us with there presence. It’s the time of year when your car has a mind of its own and at times is hit by another driver. Boston Auto Accident . are very common considering Boston roads really were not meant to be driven on. As many Boston drivers know some of the main roads barely can fit one car but for some reason are two lanes; causing more and more fender benders every year.

Things you can do to protect you and your loved ones while driving during the winter:
1. Always wear your seatbelts
2. Keep use of cell phone down at night <-- That is when the ice is at its worse
3. Don’t speed and abide by all traffic laws

However, if you are in auto accident don’t panic, contact a police officer to report the accident, if you are injured seek medical attention, and finally if you are going to need a Boston Personal Injury Lawyer contact them immediately so that they can help you get the compensation you deserve for your Boston auto accident .

CBS News - Disabled and Waiting, Long Waiting Times for Hearing for Social Security Disability

2008-01-23T07:37:00.000-08:00

Each year, millions of people who are disabled from an accident or disease turn to the federal government for Social Security Disability payments - a benefit that every worker who is declared disabled is eligible to receive. It's a 51-year-old government insurance program - a lifeline of sorts - that every worker pays for through that line-item on their pay stub, known as FICA.

But a two-month CBS News investigation reveals that safety net may not be there when you need it most.

"I always figured that I'd die in a fiery car wreck or something, never that I'd be disabled," 33-year-old Scott Watson told CBS News chief investigative correspondent Armen Keteyian.

Two years ago, a failed surgery left Watson with a fracture in his spinal cord. It turned his life upside down, leaving him unable to work in his job as a broadcast engineer.

"Everybody says, 'You gotta have a positive attitude,'" Watson said. "You know, and I say, 'Well, I am positive. I'm positive this is the end,' you know. I mean it's not going to get better."

Declared disabled by the state of Maryland, Watson was told he was "shoo-in" when he applied for federal disability last year, only to be turned down three months later on the grounds, according to federal guidelines, he wasn't disabled enough. Watson appealed, and was denied again.

He's one of 27,000 Maryland residents - 68 percent of all those who applied - to suffer such a fate.

Overall, two out of every three people who apply for federal disability benefits are rejected by a government agency that critics say is out of date, underfunded, and incapable of serving the exploding number of disabled Americans. Waiting times for a hearing in some cities are more than three years.

Linda Fullerton, an advocate for the disabled, told Keteyian: "I have people all the time writing to me, saying they are suicidal."

Fullerton's online support site is home to one horror story after another.

Reading from emails, she said: "Had to file bankruptcy to keep home. Losing home with four children."

A two-month CBS News investigation has found that over the last two years, at least 16,000 people fighting for disability benefits died while awaiting a decision.

Overall, the backlog of cases now stands at 750,000 - up 150 percent since 2000.

People wait an average of 520 days for a hearing on their claims.

People like Jerry Rice, who calls an abandoned tool shed home. When we found Rice, who suffers from mental illness, he'd been waiting for three years for his day in court.

"So. Jerry, this is how it ends up for you?" Keteyian asked.

"This is how it is," Rice replied. "I hope it's not how it ends up."

But he believes he deserves the disability?

"I'm not asking them to give me welfare," Rice said. "I'm just asking them to give me what they promised. Yeah, I deserve it."

"It's a mess from the time you apply - till the time you get a hearing," said attorney John Hogan, who has represented thousands of folks in Atlanta, the backlog capital of the nation.

"We're the furthest behind of any area of the country, it could take 2.5 years to get your hearing," Hogan said.

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FYI: Resources on Disability Benefits
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That's because there are some 24,000 cases waiting to be heard. And only about 15 local judges to handle them.

"We have a lot of room for improvement," said Social Security Commissioner Michael Astrue, who took over the federal disability program last year. He stepped up efforts to fix the system many call broken.

"So I think it's been broken the way a leg is broken," he said. "And it can heal. And it is healing."

Keteyian asked: "But what do you say to the people who have stood in that line, that three-year line?"

"I don't have a defense. I don't think it's a good thing. It don't think it should have been allowed to happen," Astrue said. "We're probably not gonna be able to drive back the backlog down at the arte that it went up. But we're sure as hell gonna try."

That's little consolation to the likes of Scott Watson, who has had to rely on his parents to simply survive.

"You pay into a system that you think is gonna help you in your time of need, and it doesn't even acknowledge that you even have a problem," Watson said.

If you need to contact a Social Security Lawyer Call Toll Free 1-800-369-5300

Rules of Conduct for a Massachusetts Car Accident

2008-01-14T12:06:00.000-08:00

1. If you car is involved in an accident, don't leave the scene of the accident. If you don't stop for an accident you may be subject to criminal prosecution. After an impact and collision try not to move your vehicles until the police arrive in order to allow the policeman to survey the scene and to ensure that evidence regarding how the accident occurred is preserved. If your vehicles are obstructing the flow of traffic, try to move your vehicle the shortest distance possible from the place of impact without obstructing further traffic. Remain at the scene of the accident and have other who have witnessed the occurrence immediately contact the police. If you are injured, do not exit your vehicle.

2. When you have been the victim of someone else's lack of care in operating their automobile, it is important that you contact the local police department immediately in order to preserve your rights. Do not allow the other operator to convince you that this should be "handled among ourselves". Calling the police department is especially important step if you feel any pain or injury as a result of the accident. Remember, if there is a lawsuit latter on, your counterpart in the accident may have a completely different story when the matter reaches court than the one that he or she tells you at the scene of the accident.

3. Many people, even when they feel pain, will refuse medical attention at the scene and travel home. Then, after several hours of increasing pain, they will finally go to the hospital and present themselves at the emergency room. When their case reaches court, this delay in seeking medical attention is often used against them as a weapon to prove that the accident did not cause the injury. If you feel pain at an accident scene and an ambulance is offered, utilize the ambulance services to go immediately to the closest emergency room.

B. Exchanging Information with the Other Driver

1. Obtain the following information with the other driver: name, address, telephone number, driver's license number, name of insurance company, and policy number;

2. Names of passengers, including their address and phone number;

3. Names of witnesses with address and phone number; and

4. Names of the owner, if not the driver, including address, phone number, insurance company, and policy number.

Make notes as to the time of day, weather conditions, road conditions, street lights, and the presence or length of skid marks. Try to make a diagram noting the location of the vehicles, crosswalks, stop signs, and traffic signals.

When you exchange information with the other driver and give the facts to the police, do not feel obligated to admit responsibility for the accident. The things that you say immediately following an accident may be used against you during the course of litigation. You may think that you were responsible for the accident and later learn that the other driver caused it or the other driver was equally at fault.

C. Towing Your Car

Before you allow a truck driver to pick up your car, be sure to ask the driver how much it will cost and tell the driver where to take the car. Get the name, address, license number, registration number, and telephone number of the driver and the towing company.

D. Important Steps Following a Car Accident

1. Contact a Lawyer

In this day and age, the simplest automobile accidents require as many steps to be undertaken by a person who suffers injury. Your own insurance company must be contacted in the appropriate way with information regarding your personal injury protection plan obtained. No-fault benefits need to be secured as well as any benefits that may be available for an uninsured vehicle accident or an underinsured vehicle accident. Failure to properly notify the company through competent counsel may lead to an objection to such a claim on a later date.

Often times, forms must be filed with the Department of Public Safety, the local Police Department, or the Registry of Motor Vehicles. The assistance of a lawyer may be invaluable to the proper presentation of these forms.

2. Follow Up With Your Medical Care

In many cases involving injury, it is important that you follow up your medical care on a consistent basis. In many medical circles today, it is important that proper follow-up medical care be obtained in order to keep a person from developing further pain which may become intractable in the future. A doctor may recognize injuries, sometimes serious, that are not readily apparent from the first Emergency Room visit nor to you, even at a later date. The charges for a doctor's visit and medical treatment may be covered by insurance.

Personal Injury Lawyer - Boston, Massachusetts

2007-11-26T14:34:00.000-08:00

Highways throughout the greater Boston Area and Massachusetts, such as the Mass Pike, Route 495, Route 95, Route 93 (North and South), Route 290, the Lowell Connector, as well as Route 95 are considered the states most highly trafficked areas. Making them the likely hotspots for car accidents, truck accidents, car crashes, and motorcycle injuries occur everyday on Massachusetts highways. Just as many fender benders and auto accident occur on the back-roads of Massachusetts, two lane streets and parking lots in the cities and towns throughout Massachusetts.

If a loved one or yourself has been the victim of an accident due to the negligence of another, did you know that physical injuries aren’t the only part of they tragedy? Add up the emotional stress, insurance hassles, and loss of job wages, and you can end up feeling victimized even more.

At the Law Office of Iannella and Mummolo, our Car Accident Lawyers are dedicated to representing drivers, passengers, and pedestrians who have been the victims of:

• Car Accidents, Auto Accidents
• Trucking Accidents
• Pedestrian Accidents
• Motorcycle Accidents

Contact an Auto Accident Lawyer Now at (800) 369-5300

How do you define car accident?

2007-11-26T07:29:00.000-08:00

Car collisions usually carry legal consequences in proportion to the severity of the crash. Nearly all common law jurisdictions impose some kind of requirement that parties involved in a collision (even with only stationary property) must stop at the scene, and exchange insurance or identification information or summon the police. Failing to obey this requirement is referred to as hit and run and is generally a criminal offence. Most car accident claims are settled by using an Massachusetts Auto Accident Attorney.

Auto Accident Help Center - Iannella and Mummolo

2007-11-21T11:44:00.000-08:00

If you or a loved on has been involved in an Auto Accident, it’s possible that you’re entitled to compensation.

You can find out here:

Massachusetts Auto Accident

The information below and more, can be seen in an easier to read format, on our website listed above.

Call us Toll Free at (800) 369-5300 or to receive free information regarding your legal rights after and Auto Accident.

What do you do if you are in an auto accident?

If you have been involved in a car accident, its quite possible that you or someone you love has suffered serious injuries or even been killed. Car Accidents tend to leave debilitating results in their wake, as these machines weigh thousands of pounds, and the force generated by and average automobile crashing into something at 35 mph is enough to cause a building to collapse.

However, you are not without options if you have been involved in an accident. Clearly, your first step after an accident should be to seek and receive immediate medical attention, but after that step is taken, you should contact an attorney for a full consultation. Your attorney may be able to explain to you certain rights and/or options available to you that you may not have otherwise realized.

You Are Not Alone
According to the Bureau of Transportation Statistics, more than 6 million Auto Accidentoccur every year in the United States, and that only includes those that occur on roads defined as “highways.” Of these accidents, more than 40,000 people per year are killed on the highways, and more than 2 million are injured. The statistical trends in regards to this data are disturbingly consistent as well.
What this means to you is that if you have been injured in an Auto Accident, you are part of a dubious fraternity of millions who suffer as a result of crashes every year in the United States. This also means that there is a large body of law that’s in place that generally governs what your rights and legal options will be in regards to the responsible parties.

Your Rights
There are several legal standards that apply to almost any auto accident situation, and a few examples of these include basic negligence, contributory negligence, the presence of criminal activity and unsafe driving conditions. However, no two situations are ever exactly alike, but one common thread that exists is that you do stand to recover financially if you’ve been injured as a result of an auto accident that was not your fault.

In order to find out what those rights are, you need to contact a car accident attorney immediately for a full consultation. Get started on protecting your rights today. Call 1-800-369-5300 for a Free, No Obligation, Auto Accident evaluation.

Car Accidents in New England Check List

2007-11-20T13:20:00.000-08:00

Everyday in Massachusetts Car Accidents occur. Usually they happen when you least expect it putting you and possibly a loved one in harms way. With the approaching winter in New England Car Accidents fender benders because of ice, rain, or snow will become more frequent.

What should you do to be prepared?

• First off wear you seatbelt! According to the National Highway Traffic Safety Administration, of the 31,910 vehicle occupants killed in Car Accidents crashes in 2001, 60 percent were not wearing a safety belt. On a good note safety belts saved 13,274 lives in 2001, and if all vehicle occupants over age 4 had been wearing safety belts, 7,334 more lives could have been saved, NHTSA estimates.

• Secondly, protect yourself from drivers that may not have insurance. There were nearly 6,420,000 Car Accidents in the United States in 2005. The financial cost of these crashes is more than $230 Billion dollars. 2.9 million people were injured and 42,636 people killed. About 115 people die every day in Car Accidents in the United States -- one death every 13 minutes. If you feel your being forced to settle for nothing after a Car Accidents contact a local personal injury or car accident lawyer.

• Finally, obey the traffic laws. If you speed and run red lights you increase the chances that you may be involved in a Car Accidents and risk the chance that you wont be going home to your loved ones that night.

Drive Safe! Buckle Up! Don’t Speed

When to run to an attorney and when to walk.

2007-11-19T10:51:00.000-08:00

Contacting an attorney who deals with personal injury (especially relating to auto accidents) can provide you with the peace of mind that no stone gets left unturned. Here are some tips for when you should run to an attorney and when you can just walk:

Run to an Attorney when:

An injury has occurred where there has been serious injury (broken bones / hospitalization) or where injuries are likely to be permanent (paralysis);
A death has resulted from the accident;
Fault is clearly an issue;
Other parties were involved such as pedestrians or other autos;
The accident occurred in a construction area;
A police report does not accurately describe the accident and puts you at fault;
Important technical, legal or medical issues are involved;
The limits of your liability insurance are low,
You have no insurance,, or your insurance company suggests that you did not pay your premium.
Your insurer starts “acting funny.”
Your insurer involves its own attorney (in this case, sprint!).
Walk to an attorney when:

Seeking advice on the settlement value of a claim (while not an exact science, attorneys may be able to provide best and worse case scenarios);
Unsure if other insurance (homeowners, travel, etc.) may be available;
Fault may be an issue;
Determining whether your insurer may be acting in bad faith (not looking out for your best interests);
Seeking information on how to handle negotiations with an insurer;
You don’t know your rights;
Confused over the terms of your policy;
Needing an expert to review confusing paperwork or forms.

Do I need to contact an attorney after a car accident?

2007-11-19T10:49:00.000-08:00

Generally speaking, it depends on what happened and what injuries were suffered, and to whom. If you and your family members have not been hurt, the answer is probably no. If you or anyone you care about has been injured in the car accident, especially if there is any permanent injury, or significant time is lost from work or school or household duties, then you’ll want to see a lawyer about possibly representing you in a claim against anyone else who may be responsible for your injuries. However, even if you’re not injured, don’t entirely rule it out as the facts and circumstances surrounding car accidents are always different. It is important to look at the degree of the Car Accident and use your best judgment. A simple fender bender where no occupants are hurt can usually be appropriately handled through your insurer. Anything other than that deserves a bit more thought – especially in this litigious environment.

My Disability Blog

2007-10-11T08:41:00.000-07:00

Technorati Profile

Mesothelioma News - Asbestos Bill in Congress

2007-09-24T10:51:00.001-07:00

Throughout the past few years, increasing controversy and debate has surrounded an asbestos bill that would reform the current asbestos litigation system. Currently those who have suffered from mesothelioma or other serious conditions resulting from asbestos exposure can file an asbestos lawsuit to seek compensation for their losses.

Under the new asbestos bill, victims would no longer be eligible to file individual lawsuits. Instead, a $140 billion private trust fund, financed by insurance companies and defendants involved in asbestos litigation, would be created to compensate those who have suffered serious illnesses and conditions from asbestos exposure. The Fairness in Asbestos Injury Resolution Act could prevent you and your loved ones from exercising your legal rights.

The Fairness in Asbestos Injury Resolution Act of 2006 (The "FAIR Act")

The asbestos bill, which was introduced on the Senate floor three years ago, has been through a number of amendments to address various issues and concerns surrounding the proposed legislation. While proponents of the asbestos bill claim that the new trust fund would ensure prompt recovery for injured claimants, it could potentially deny many people the full compensation they deserve.

The FAIR Act asbestos bill, if passed, will require claimants to meet stronger medical criteria in order to receive compensation. In addition, the asbestos bill would prevent asbestos manufacturers and other defendants from being punished for their wrongdoing. For example, companies that would be ordered to pay billions of dollars in asbestos lawsuits under today's laws would only be required to pay millions for the asbestos bill trust fund, thus largely skirting liability for their reckless negligence in allowing people to be exposed to asbestos.

The FAIR Act would ultimately prove to be unfair for thousands of people who have suffered from mesothelioma or other serious illnesses due to asbestos exposure.

To learn more information about the recent asbestos bill, please contact us today to speak to a qualified and experienced attorney who will protect your legal rights and maximize your options. If you or a loved one has developed mesothelioma or another serious asbestos-related injury, financial assistance may be available, our attorneys are available to evaluate your case to determine the best way to protect your interests. Call Toll Free 1-800-369-5300.

Cancer of the larynx linked to asbestos exposure!

2007-02-21T08:11:00.000-08:00

Fact: Asbestos Material Broadens number of cancers it causes:

Asbestos, already generally accepted as a cause of a number of respiratory ailments including lung cancer, may also be a source for laryngeal cancer, the U.S. government's Institute of Medicine says. The Associated Press reports that a series of studies have found that certain cancers of the throat and lungs are similar, so the U.S. Senate asked the institute to investigate a potential link between asbestos and other upper-body cancers. In addition to lung cancer, asbestos, historically used to insulate buildings, is also linked to mesothelioma, a rare cancer that attacks the lining of the chest. But the institute said there was not enough evidence of a connection between asbestos and other malignancies, including cancers of the upper throat and esophagus.

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What to do after a car accident!

2007-01-22T20:15:00.000-08:00

Your heart is beating hard, you're breathing fast and you can't believe you just got into an accident. Look around. You're alive? Good. Everyone else? Even better. Now here's what you need to do once the dust settles.

Call An Attorney and Get Help Now

You should: (1)Keep your auto insurance information in the glove compartment, including a pre-printed form allowing you to provide the particulars of any accident, including a sketch of the scene. (Even better, use that disposable camera you keep in the car. You don't? You should. (2)Stay at the scene of the accident until police have come and gone, making sure you have the name of the officer(s) and that they have your version of what happened. Do not assume a police report will "take you off the hook" or even that one will be generated in the event of a minor accident ("minor" may mean no one is injured even though your car suffers a direct hit).(3)Exchange names, addresses, driver's license and insurance information with the driver of the other car.(4)Review your policy to make sure of your coverage. Make a list of questions and related information you want to know.(5)Report the accident promptly to your insurance company. This may not seem wise or necessary to you. The accident may be minor, you may not want to risk seeing your rates rise or you may live in a no-fault state and think that the other driver's insurance company will pay for everything. But state laws generally protect you from higher rates unless an accident was your fault. And even though you may think no-fault lets you off the hook for the other driver's medical expenses, it does not. It simply says his insurance will pay for his expenses (up to the limits of his coverage), regardless of who is at fault. But rest assured his insurance company will come knocking on your insurer's door seeking repayment if it believes you were at fault in the accident. The point is, your insurer should be informed.

Think that's the end of it? Read on.

You've never read your auto insurance policy, you don't want to read it and even if you're in an accident, you're still not sure if it would force you into those endless lines of fine print and insurance-speak. Assuming you can even find the policy. If you can, look in the back for what are called the conditions of your policy -- what you are supposed to do in the event of an accident. These requirements are pretty straightforward, although compliance may seem like a hassle when you're already upset by the accident itself. But you may forfeit some of your rights if you don't follow these instructions. Next, look at the cover sheet of the policy, which is called the declarations page and which lists the types and dollar limits of your coverage, including short-hand references to any discounts or special provisions you have elected to purchase. Last, there's the actual insuring agreement itself, which explains what your insurer is protecting you against, including definitions of terms used in the agreement and explanations of what's not covered (called the exclusions). If you don't understand your policy, keep calling your agent and/or state insurance department until you get clear answers to your questions. Most people have heard that ignorance is no defense under the law, but they don't think they'll ever have to find out. Auto accidents are one of the most common ways to discover the sobering cost of ignorance.

Hopefully, your accident involves only damages to things and not to people. And, hopefully, it wasn't your fault. Even if it's just your car that's banged up, repairs can be a major headache. This is where the reality sets in that replacement cost is not the same thing as market value. Your car can easily be declared a total loss even though the money you'd receive is nowhere near what it would cost you to replace the vehicle. The best advice about getting your car fixed is to remember that the money may be coming from the insurance company but you should control the repair process. This means refusing to settle for a repair job you don't like. And it may also mean refusing to accept the use of generic replacement parts instead of the original manufacturer's parts (your policy may give your insurer the right to use generic parts, so it's important to check the fine print to know your rights). Even if your favorite shop doesn't do the repairs, you can still have your mechanic look at the car (although this may be at your personal expense) and provide an assessment of what should be fixed. Ultimately, it's your car and your call about what's done to it.

Talk to your agent and/or insurer about your rights (better still, you should really ask these questions before you buy a policy). And if you don't like the answers, Massachusetts State Insurance Department

Thanks to Insure for the information.

Can you receive Social Security disability benefits for _________________ (insert the name of whatever disease you are interested in)?

2007-01-22T13:16:00.001-08:00

In almost every case, no matter what the disease is, the answer is the same - "Maybe, it just depends upon how badly you are affected by the disease." One example might be cancer. The word "cancer" is scary to anyone, but there are many cancers which can be treated and cured very quickly, with little or no lasting effect. On the other hand, of course, there are cancers which cause great suffering and ultimately death. The question in each individual case is "How sick is this particular individual with cancer and how long is this person going to remain sick?" Skin diseases are another example. The vast majority of skin diseases, while annoying, would not be considered to be disabling. On the other hand, there are some uncommon, very severe skin problems which are clearly disabling. In extreme cases, psoriasis, which is not rare, may be disabling. Thus, almost without exception, the mere fact that an individual has a disease with a certain name does not guarantee that the individual either will or will not be found disabled. It all depends upon how sick the person is.

How can I tell if I will be found disabled by Social Security?

2007-01-22T13:15:00.002-08:00

Unless your disability is catastrophic (such as terminal cancer, a heart condition so bad that you are on a heart transplant waiting list, total paralysis of both legs, etc.), there is no easy way for you to tell whether you will be found disabled by Social Security. In the end, the decision of whether or not to apply for Social Security disability benefits should not be based upon whether or not the person feels that Social Security will find them disabled. Attorneys familiar with Social Security disability can make predictions about who will win and who will lose, but even they can seldom be sure. An individual should make the decision about whether or not to file for Social Security disability based upon their own belief about their condition. If the individual feels that he or she is disabled and is not going to be able to return to work in the near future, the individual should file for Social Security disability benefits. If denied, the individual should consult with an attorney familiar with Social Security disability to get an opinion as to the chances of success on appeal.

Can I get both worker's compensation and Social Security disability benefits?

2007-01-22T13:15:00.001-08:00

Yes. There is an offset, which reduces Social Security Disability benefits because of worker's Compensation benefits paid, but in virtually all cases, there is still some Social Security Disability benefits to be paid. In a few states the offset works the other way - - Worker's Compensation benefits are reduced because of Social Security disability benefits.

I got hurt on the job. I am drawing worker's compensation benefits. Can I file a claim for Social Security disability benefits now or should I wait u

2007-01-22T13:14:00.000-08:00

You do not have to wait until the worker's compensation ends and you should not wait that long. An individual can file a claim for Social Security disability benefits while receiving worker's compensation benefits. It is best to file the Social Security disability claim as soon as possible because otherwise there may be a gap between the time the worker's compensation ends and the Social Security disability benefits begin.

I am still on sick leave from my employer. Can I file for Social Security disability now or do I have to wait until the sick leave is exhausted?

2007-01-22T13:12:00.000-08:00

No, you do not have to wait until the sick leave is exhausted. You should file for Social Security disability benefits now, if you believe that you will be out of work for a year or more.

How long do I have to wait after becoming disabled before I can file for Social Security disability benefits?

2007-01-22T13:11:00.000-08:00

Not even one day. You can file for Social Security disability benefits on the very same day that you become disabled. Many individuals make the mistake of waiting months and even years after becoming disabled before filing a Social Security disability claim. There is no reason to file a Social Security disability claim if one has only a minor illness or one which is unlikely to last a year or more. However, an individual who suffers serious illness or injury and expects to be out of work for a year or more should not delay in filing a claim for Social Security disability benefits.

I used to work but lately I have been staying home taking care of the kids. I have now become sick. Can I get Social Security disability benefits?

2007-01-22T13:10:00.001-08:00

Possibly. If you have worked five out of the 10 years under Social Security before becoming disabled, you will have enough earnings in to potentially qualify for Social Security disability benefits. For individuals 31 or less, the requirements are a little different, since such individuals have not had such a long time to work. Unless a person has been staying home and taking care of their children for quite a long time, however, it is very possible that they will qualify for Social Security disability benefits based upon their own earnings. Also a homemaker, if poor enough, can qualify for Supplemental Security Income (SSI) whether he or she has worked in the past or not.

I am disabled, but I have plenty of money in the bank. Do I have to wait until this money is gone before I apply for Social Security disability benefi

2007-01-22T13:09:00.000-08:00

No. If you have worked in recent years or if you are applying for Disabled Widow's or Widower's benefits or Disabled Adult Child benefits, it does not matter how much money you have in the bank. There is no reason to wait to file the claim.

How do I apply for Social Security Disability Benefits?

2007-01-22T13:08:00.000-08:00

The best, surest way to file a Social Security disability claim is to go to the nearest Social Security office in person and wait (often for a few hours) to see someone to file the claim in person. In the alternative, a person may contact Social Security by telephone and arrange for a telephone interview to file the claim.

How many different types of Social Security disability benefits are there?

2007-01-22T13:07:00.000-08:00

There are at least five major types of Social Security disability benefits. Disability Insurance Benefits is the most important type of Social Security disability benefits. It goes to individuals who have worked in recent years (five out of the last 10 years in most cases) who are now disabled. Disabled Widow's and Widower's Benefits are paid to individuals who are at least 50 and become disabled within a certain amount of time after the death of their husband or wife. The late husband or wife must have worked enough under Social Security to be insured. Disabled Adult Child Benefits go to the children of persons who are deceased or who are drawing Social Security disability or retirement benefits. The child must have become disabled before age 22. For Disability Insurance Benefits, Disabled Widow's or Widower's Benefits and Disabled Adult Child benefits, it does not matter whether the disabled individual is rich or poor. Benefits are paid based upon a Social Security earnings record. Supplemental Security Income benefits, however, are paid to individuals who are poor and who are disabled. It does not matter for SSI whether an individual has worked in the past or not. SSI child's disability benefits are a variety of SSI benefits paid to children under the age of 18 who are disabled. The way in which disability is determined is a bit different for children.

What is the definition of disability used by Social Security?

2007-01-22T13:06:00.000-08:00

Under the Social Security Act, "disability" means "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months."

Social Security Disability Thoughts

2007-01-22T10:21:00.000-08:00

1. Regardless of what anyone tells you, it's good advice, if you are disabled and unable to work, to pursue a claim for Social Security disability, or ssi based on disability, and get it filed immediately. Reason: disability claims can take a very long time to process. This isn't true in all cases, but it is in most. Unfortunately, many claimants for disability benefits have experienced severe problems and hardship simply because they had no idea how long the process would be, and only realized when it was too late that they should have filed an application much much sooner.

2. If you are denied on your Initial Claim, it's good advice to get an attorney or non attorney Representative to provide representation and help you with your claim for continuing and past due benefits (back pay). Reason: the way the disability system works, a claimant will, typically, either be approved on an initial application...or will be forced to follow the appeal route, at least to the point where their case is brought before an Administrative Law Judge at a social security disability hearing. This is not always the case, but it is generally a predictable rule of thumb (*reconsiderations usually have a much higher rate of denial than initial claims--and initial claims are denied 60 to 70 percent of the time, depending on the state in which you filed. For this reason, most claimants will have to go to a hearing if they hope to be approved--and going to a hearing unrepresented is foolish).

3. If you think you may have problems doing the paperwork for your social security disability Claim, take some advice and find qualified assistance immmediately. An extraordinary number of persons who apply for benefits, or file an appeal following a denial, fail to properly complete their paperwork, or fail to submit their forms in a timely manner (*all appeals for disability must be filed within 60 days of the date of the last denial).

4. Advice: Since your Social Security Disability or ssi claim will be evaluated completely on the basis of your medical records, the best advice is to get regular, ongoing medical treatment. Reason no. 1: even if your past medical records indicate that you are disabled, an examiner or judge will not be able to approve your claim for continuing benefits if current medical records are not available to substantiate your claim. Reason no. 2: if you attempt to get a supporting statement from your doctor (an RFC is much better--see the definitions page), you may have difficulty getting your physician to cooperate if he/she has not seen you recently. If you lose your medical coverage before your claim for benefits is approved, as is usually the case, try to be seen at a free clinic, county health department, or emergency room. While these treatment sources are not the best, they are, simply put, better than nothing. Another avenue to pursue may be with your state's Vocational Rehab department. Very often, VR can assist claimants in getting certain testing and examinations paid for. Though this is always for the purpose of developing a VR claim, vr counselors are usually willing to supply these records to a claimant's representative as well. Just remember this advice: as a general rule you cannot be approved for social security disability or ssi based on disability if you are not seen by a medical provider at least once every two months.

Cancer SSDI

2007-01-03T09:58:00.000-08:00

From what I have seen recently of cases dealing with cancer is that most people who suffer from a type of cancer and are or will be receiving chemo therapy are more likely to receive Social Security Disability Benefits (SSDI). For more information on SSDI go to www.socialsecuritydisability.tv or www.iannellamummolo.com.

Worker s Compensation Laws and Exemptions

2006-12-26T06:27:00.000-08:00

Some types of on-the-job injuries may not merit workers' compensation insurance benefits. These include:

Self-inflicted injuries (such as those incurred if two employees were fighting
Injuries incurred while an employee was breaking the law (i.e. a delivery worker robbing a receptionist at one of his sites)
Injuries incurred while the employee was not working
Injuries incurred while the employee was violating company policy
In addition, some workers are excluded from receiving workers' compensation insurance benefits. These workers include:

Shopowners
Farm workers
Railroad employees
Maritime workers
Volunteers
Independent contractors
Federal government workers
Standard employees in nearly one-third of all U.S. states
To see whether or not you are eligible for workers' compensation, speak to your employer and then consult with one of our personal injury attorney’s who specializes in workers' compensation laws.

Workers' Compensation Insurance Benefits
If you have been injured on the job, you may be eligible to receive compensation to cover the following:

Medical costs
Up to two-thirds of your pre-injury salary, tax-free
Expenses should you not be able to resume your pre-injury job duties
Vocational rehabilitation (job training, placement assistance)
Need Medical Treatment? Deciding Between Your Own Doctor and the One Provided by Your Employer?
Depending on your state, you may be permitted to see your own doctor if you suffer an on-the-job injury. However, you MUST submit a written statement requesting this before you are injured, or you may forfeit your right to choose your physician. In most jurisdictions, your employer will choose the doctor who will examine you.

When you visit this doctor, be sure to 1) be honest about your injury and its impact on your life, 2) be thorough when discussing your medical history. If you fail to be truthful, you may seriously affect your chances of winning the workers' compensation to which your injury entitles you.

Iannella & Mummolo Workers Compensation Attorney
It is in your best interest to hire a personal injury attorney who specializes in workers' compensation law if 1) you are permanently injured or 2) your claim has been denied. If either of these occurs, be sure to save all documents - including your doctor's report - and maybe even get a second opinion. Feel free to call us Toll Free 1-800-278-1538

Massachusetts Medical Malpractice Information

2006-12-21T18:24:00.000-08:00

Emergency Rooms, or ER's, at hospitals all over the country are the most stressful worksites in the healthcare profession. The standard of care in United States hospitals is high quality. Doctors, nurses, surgeons, and all other healthcare professionals take pride in this. But the fact remains that malpractice occurs in the medical profession. And today's hospitals may need improvement to meet the demands of tomorrow. Errors in hospital Emergency Rooms are a common occurrence infrequently talked about and rarely reported to the media. That is why you don't hear about these types of cases on the news. Understaffed hospitals or ill-equipped emergency rooms may lead to fatal errors while dealing with patients requiring emergency treatment. When the necessary steps of treating an emergency room patient are sidestepped, then an emergency error may result. There are many ways that errors or malpractice may occur in Emergency Rooms. Following are several kinds of errors:

Medication Errors
Prescription Errors
Bacterial Infections
Birth Injury
Omissions Error
Diagnosis Error
Negligence
Patient "Dumping"

Over 225,000 people die from medical malpractice related injuries in a single year. Nearly half of these are from emergency room errors.

How long does the Social Security Disability Process Take?

2006-12-21T11:33:00.000-08:00

It generally takes longer to process claims for disability benefits than other types of Social Security claims- from 60 to 90 days. You can help shorten the process by bringing certain documents with you when you apply and helping us to get any other medical evidence you need to show you are disabled. These include: the Social Security number and proof of age for each person applying for payments including your spouse and children, if they are applying for benefits;names, addresses and phone numbers of doctors, hospitals, clinics and institutions that treated you and dates of treatment;names of all medications you are taking; medical records from your doctors, therapists, hospitals, clinics and caseworkers;
laboratory and test results;a summary of where you worked and the kind of work you did;a copy of your W-2 Form (Wage and Tax Statement), or, if you are self-employed, your federal tax return for the past year; and dates of prior marriages if your spouse is applying.Do not delay filing for benefits just because you do not have all of the information you need. The Social Security office will be glad to help you. For Help Now go to: http://www.socialsecuritydisability.tv

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2006-12-13T10:07:00.000-08:00

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