| "Residual Functional Capacity" in Social Security Disability Evaluation |
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| As a correlative step in its disability evaluation, the Social Security Administration examines an individual's residual functional capacity (RFC). The nature of the individual's impairment(s) will determine to what degree his ability to work is impacted. The bedrock of the RFC assessment is what is the most that an individual can do; not the least. An individual's RFC is that remaining functionality that the individual has despite the limitations caused by his impairment. An RFC assessment is made based on all the evidence, which may include the individual's own account of his limitations, observations by physicians, psychologists, friends, neighbors, and the like, work attempt records, and the individual's medical records. More... |
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| Anthrax |
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| Anthrax is an infectious disease caused by the inhalation of, ingestion of, or skin exposure to a spore-forming bacteria. Though it is most often spread through contact with animals or animal products, anthrax is most widely known for its use as an agent of biological warfare. More... |
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| Uninsured Contractor |
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| Some employers may seek to avoid workers' compensation liability by using contractors to perform work that would normally be performed by the employer's own employees. The reasoning is that employers are responsible only for the workers' compensation coverage of "employees." However, to preclude employers from evading liability by this method, most jurisdictions will impose liability here if the contractor itself is uninsured for workers' compensation. Thus, if an employer utilizes a contractor's employees to do that which the employer's own employees would normally do, and an employee of the contractor is injured, the employer will be responsible for worker's compensation despite the fact that the injured individual is not an "employee" of the employer. These state statutes basically deem the individual an "employee" to further the goals and purpose of workers' compensation. In order to determine whether the contractor is performing work that would normally be done by the employer's own employees, courts will look to the employer's past practices as well as the practices of other employers in the same industry or trade. More... |
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| Social Security Disability Payments and Representative Payees |
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| When a Social Security disability beneficiary is a minor child or legally incompetent adult, the Social Security Administration (SSA) will select a representative payee to manage the beneficiary's disability payments. A representative payee, who can be either an individual or an organization, is charged with the responsibility of disbursing the funds for the beneficiary's present needs and saving any remaining funds for the future. Payment of the beneficiary's "needs" should include food, clothing, shelter, utilities, dental and medical care, and personal comfort items. More... |
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| Segregation of Damages in Third-Party Action |
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| In some instances, the recovery resulting from a third-party action will be divided by different items making up the total recovery. For instance, a portion of the recovery could be allocated for the medical expenses paid by the employer, for the employee's pain and suffering, for the loss of consortium, and for punitive damages. When the recovery has been so segregated, the next issue is whether the claim of the employer or its workers' compensation carrier (as the subrogees) can attach to the whole recovery amount or only that portion attributable to the compensation paid. More... |
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