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The Social Security Administration recently issued new
regulations governing how eligibility for disability status is
determined - minus a set of strict deadlines that would unfairly
restrict the rights of applicants.
The new system will be phased in nationally over the next few
years, starting this summer in the six New England states. As
many of our readers know, under the existing system, an
applicant's claim, if denied at each stage, can take up to three
years to resolve.
Social Security said that the purpose of the new regulations is
to benefit applicants who are obviously disabled. These people
will be referred to special units so they can be handled
quickly. Our firm believes, as do other attorneys who represent
claimants, that the new regulations will make it more difficult
for the majority of people to receive benefits.
More details about the new regulations will be provided in our
newsletter as they come into effect.
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The widow of a Loveland police captain who committed suicide in
1996 is entitled to workers' compensation benefits because there
was enough evidence to show his depression was caused by job
stress that was worsened by a psychologically traumatic event,
the Colorado Court of Appeals recently ruled.
The city of Loveland had appealed a 2005 order by the state
Industrial Claim Appeals Office awarding benefits to Ms.
Davison. The city argued there was not enough evidence to show
officer Davison's depression was related to his work.
It was the fourth time the Industrial Claim Appeals Office had
considered the case, which also had been considered by a panel
of the state appeals court and the state Supreme Court.
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The Congressional Budget Office reports only 15% of those
receiving veterans’ disability are also getting Social Security
disability benefits.
It appears that the military branches do a very poor job of
letting disabled veterans know about the SSDI program.
Federal law grants disability payments through the Social
Security Act in addition to veterans' disability benefits.
If you know a disabled veteran who is not receiving Social
Security disability benefits, please let them know that they can
qualify for both programs and receive benefits from both. You
can apply online at www.ssa.gov or call 800-772-1213.
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We hope you've enjoyed this update. Please forward it to anyone you know that might be interested.
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