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Showing posts from 2013

Social Security Judges File Lawsuit Claiming Poor Work Conditions

April, 18 2013 -- Social Security Administrative Law Judges and their union filed a lawsuit against the Social Security Administration on Thursday in federal Court in Chicago, alleging that the agency's productivity goals in fact constitute an illegal quota that pushes judges' workloads beyond the capacity of what they can realistically handle. The lawsuit alleges that the agency requires administrative law judges to decide between 500 and 700 cases per year, which averages out to over two decisions per workday. The judges claim that the goals are too high, and force judges to make decisions too quickly. The lawsuit essentially puts in question the integrity of the  Social Security disability  hearing process. The fact that the people in charge of the process are raising the issue makes it all the more serious. The lawsuit alleges that judges are supposed to keep meet their quotas, regardless of how complicated their cases. Many case files are 500 or more pages. Judges c...
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In the 2011-2012 Session of the Indiana General Assembly, Public Law 69-2012 was passed allowing D felons to reduce their past mistakes and have them entered as Class A Misdemeanors.  ( See  new I.C. s 35-50-2-7). In order to reduce a Class D Felony conviction and have it entered as a Class A Misdemeanor: 1.  The offense cannot be of a sexual or violent nature (as defined in I.C. 11-8-8-5); 2.  The offense did not result in bodily injury to another person; 3.  The offense did not involve perjury or official misconduct. 4.  At least three (3) years must have passed since the sentence was completed (if any); 5.  At least three (3) years must have passed since any other obligations were satisfied; and 6.  The defendant has no pending criminal charges. If you meet these criteria and would like to have your Class D Felony conviction reduced to a Class A Misdemeanor in Indiana    Attorney Fort Wayne Indiana . ...

Indiana Medical Malpractice Attorney

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Medical malpractice accounts for a least 100,000 deaths each year and possibly many more, according to various reports. The number of tragic injuries due to malpractice is even greater. Indiana is not immune from these statistics.   The medical malpractice process in Indiana is complicated and the patient has an up hill battle with the medical malpractice claim. First, the patient needs to file a complaint with the Indiana Department of Insurance stating the alleged medical malpractice. Once the complaint is filed, a panel of doctors is established which reviews the medical evidence and render an opinion regarding whether the defendant doctor deviated from the applicable standard of medical care. It is important to know that while not every bad outcome is caused by negligence, the unfortunate truth is that too often health care providers fail to adhere to the applicable standard of medical care when rendering medical services to their patients.   If you believe that y...

The Four Stages of the Social Security Disability Process

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When filing for Social Security Disability benefits, it is important to know what you are dealing with and how the disability process works. Specifically, there are four stages in the disability process. The first stage involves filing an application for Social Security Disability benefits, completing the initial interview at the Field Office, undergoing the medical evaluation, and receiving a decision from Social Security regarding your application. If Social Security denies the application, then you will receive a letter indicating as such and informing you of your rights to appeal the denial decision. When you appeal the denial, the Field Office will review the medical evidence and evidence in the record and either confirm or reverse its decision. If Social Security confirms the decision, it will send a letter to that affect and inform you of your rights to appeal to the Hearing Office for a hearing in front of an Administrative Law Judge. The first two stages are conducted by ...

Permanent Total Disability Benfits Under the Indiana Worker's Compensation Act

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Under the Indiana Worker's Compensation Act , injured workers are normally entitled to three (3) different types of benefits, including: (1) medical treatment at no cost to the injured worker; (2) wage replacement benefits, commonly known as Temporary Total Disability ("TTD") benefits; and (3) compensation for any permanency of the work-related injury that is calculated by looking at the Permanent Partial Impairment ("PPI") rating assigned by the treating doctor. However, in some cases, when the injured worker's impairment is so severe that it might adverely affect his or her ability to engage in competitive employment, the injured worker may have a claim for Permanent Total Disability ("PTD") benefits. PTD claims arise when the injured worker is unable to perform reasonable forms of work activity, such as a sit down job. In determining whether there is a viable PTD claim, the following considerations are taken into account: the injured worker...