| Social Security Disability Payments and Representative Payees |
| 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... |
| Waiver of Limitations Period for Notice of Injury and Claim |
| As a general rule, if an injured employee fails to either provide timely notice of his injury or file a timely claim for workers' compensation, he will be denied benefits. However, in some instances, the employer or its insurance carrier may waive the limitations periods. For example, if an employer has actual knowledge of the employee's accident and resulting injury, the employer may be said to have waived formal notice of the injury. Likewise, if the employer voluntarily makes compensation payments to the employer, he may be deemed to have waived the requirement that the employee file a claim.More... |
| Suicide and Self-Injury as Bar to Workers' Compensation |
| In almost all states, suicide or the infliction of self-injury will bar the receipt of workers' compensation benefits. The overriding issue when the employee commits suicide appears to be that of causation. If an employee's compensable injury is the proximate cause of his suicide and the employee suffered from some form of insanity or mental infirmity, then death benefits would likely be payable. Basically, in order for benefits to be paid, the employee must be injured in the course of his employment and then commit suicide as a result. Employers gain a complete defense when no such injury has occurred or when outside forces, such as the employee's personal situation, have a greater influence on the employee's decision to end his life. A physical injury is not a prerequisite to the recovery of benefits. A mental injury is just as viable as the cause of the employee's suicide.More... |
| Insurance Carrier Conflict of Interest |
| In the arena of workers' compensation and subrogation, the employee may be significantly impacted by the workers' compensation carrier's conflict of interest. The most negative impact would be found in those states denying the injured employee the right to maintain an action against the third party who actually caused his injury. Essentially, the carrier's principle conflict would arise when it is not only the employer's workers' compensation carrier but also the liability carrier for the third party. When this happens, the carrier's interest in paying as little as possible for the claim may be in competition with the employee's right to receive the best recovery possible.More... |
| Social Security Disability Benefits Evaluation for Disabled Widows and Widowers and Surviving Divorced Spouses |
| Social security disability is open to disabled widows and widowers as well as surviving divorced spouses of wage earners who died fully insured under the terms of the Social Security Act. Determining the eligibility of these individuals is a complex matter and requires the consideration of a multitude of factors.More... |
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