Jackie, a workers’ compensation client

The fight of my life!

It has been one heck of a tough journey and thanks to attorney Maureen Raiche Manning, I have successfully prevailed on round one! Maureen has kept me informed every step of the way and has also aided in preparing me for what was to come during this challenging situation. I am about to have to face an appeal process since I was successful the first time around, but I feel confident that Maureen will see me through to victory once again. It has been an extremely emotional and difficult time in my life, not only because I am physically never going to be able to do the job I have loved for 18 years, but essentially because my employer has not seen how much I gave to be the employee I have always striven to be. Maureen has listened to all of my worries and concerns and has taken the medical information provided to help get the justice that I deserve!

NH Disability Attorneys

NH Disability Attorneys: What is SSDI?

What is Social Security Disability Insurance?

Social Security Disability Insurance (SSDI) is a program that pays monthly benefits to those who have become disabled before reaching retirement age and are no longer able to work. According to the NH disability attorneys at the Law Office of Manning & Zimmerman, PLLC, in order to qualify for SSDI benefits, you must have worked a certain number of years in a job where you paid Social Security (FICA) taxes. Specifically, you need to have earned a certain number of work credits; you can earn up to four work credits per year. If you haven’t worked long enough when you become disabled, and have low income and assets, you can apply for Supplemental Security Income (SSI) instead – please ask about our article about SSI.

Work Credits

How many work credits you need to qualify for SSDI benefits depends on your age when you became disabled. For example, if you are 50 years old when you become disabled, you need 28 work credits, or to have worked for seven years (and at least five of those years must have been within the last 10 years).

Medical Eligibility

You also must have a medical condition that meets the SSA’s definition of disability. SSDI benefits are eligible only to those with a severe, long-term, total disability. Severe means that your condition must interfere with basic work-related activities. Long-term means that your condition has lasted, or is expected to last, for at least 12 months. Total disability means that you aren’t able to perform “substantial gainful activity” (SGA) for at least one year. If you are currently working and earn above a certain amount ($1,090 per month in 2015), the SSA will find that you’re performing SGA and that you are not disabled enough to qualify for SSDI benefits.

Approval for Disability Benefits

If you are approved for disability benefits, you won’t receive SSDI benefits until you have been disabled for five months. If you are approved right away (for example, because you have been diagnosed with terminal cancer or you just had a liver transplant), you would have to wait five months for your checks to start. However, it’s more likely you wouldn’t be approved for about six months to a year (after at least one level of appeal). In that case, when you finally get approved, you would be paid disability back pay starting with the sixth month after your disability began (known as your disability onset date). After you receive any back pay, you would get a disability benefit check each month. If your household income is over a certain amount, you will have to pay taxes on your disability benefits. Your dependents may also be eligible for a partial monthly benefit. You can keep receiving SSDI as long as your medical condition prevents you from working. The SSA may perform a continuing disability review (CDR) on your file every one to three years to determine if your condition has improved.

Denial of Disability Benefits

If your application for disability benefits is denied (most initial applications are), you have the right to file an appeal and request a hearing before an Administrative Law Judge, but you must do so within 60 days of receiving the denial letter. If your claim for disability benefits has been denied, the NH disability attorneys at the Law Office of Manning & Zimmerman, PLLC would be pleased to review the denial with you to determine if they can assist you with the filing of an appeal.

The NH disability attorneys at the Law Office of Manning & Zimmerman, PLLC handle cases in all areas of personal injury law, workers’ compensation, medical malpractice, divorce/family law and disability. Please call our office at (603) 624-7200 or complete the form on this page to schedule a free initial consultation. Evening and weekend appointments are available.

To subscribe to our newsletter, click here. We are also on Facebook and you can follow us on Twitter.

 

NH Personal Injury Attorneys: Faulty Products Put Patients at Risk

Some Medical Devices Escape Scrutiny

NH Personal Injury Attorneys X-Ray of HipIn this month’s “You Should Know” newsletter presented by the NH personal injury attorneys at the Law Office of Manning & Zimmerman, we discuss how countless patients around the world depend on advanced medical devices to improve their quality of life. As the $110 billion ($133 billion by 2016) medical device industry cranks out thousands of products every year, eye-opening reports continue to surface detailing faulty devices, repeat surgeries and massive recalls. The Food and Drug Administration (FDA), the agency charged with ensuring food and drug safety, argues that patients need access to life-saving devices quickly. However, a speedy approval process means some risky devices are cleared without clinical testing, and once they are on the market they receive limited oversight. You should know the risks and realities of medical devices before one is put in your body!

The FDA posts consumer information about the most serious medical device recalls. These products are on the list because there is a reasonable chance that they could cause serious health problems or death. Click here to see a list of medical devices that have been recalled by the FDA.

Notable examples of defective medical devices that have caused injury to patients include:

*  Knee and Hip Replacements

* Transvaginal Mesh

* Heart Defibrillators

Our civil justice system provides for victims of negligence to recover full, fair and adequate compensation for their injuries. The NH personal injury attorneys at the Law Office of Manning & Zimmerman handle cases in all areas of personal injury law, and we work diligently to ensure that our clients receive compensation for their injuries. Please call our office at (603) 624-7200 or complete the form on this page to schedule a free initial consultation. Evening and weekend appointments are available.

To subscribe to our newsletter, click here. We are also on Facebook and you can follow us on Twitter.

 

 

 

NH Truck Crash Attorney: What Happens When you Get Hit By a Company Truck?

Truck Crashes

NH truck crash attorney Semi-Truck Crashing into CarWhat happens when you get hit by someone who is driving a company truck? Who is responsible? The fact is that anyone who is injured as the result of the employee driver’s negligence may sue the driver’s employer. According to NH truck crash attorney Maureen Manning, the ability to do so is based on the principle of law known as “respondent superior,” which makes employers responsible for the acts of their agents if the injury is caused while the agents were acting within the scope of their employment. This rule, also known as the “Master-Servant Rule,” may not apply, however, if an employee is on his or her way home from work. At that point, an employee is usually acting on his or her own.

Our civil justice system provides for a victim of negligence to recover full, fair and adequate compensation for their injuries from the wrong doer. Often there is insurance to cover this compensation. The Law Office of Manning & Zimmerman handles cases in all areas of personal injury law, and work diligently to ensure our clients receive full and fair compensation for their injuries. Please call our office at (603) 624-7200 to schedule a free initial consultation. Evening and weekend appointments are available.

HINT: The doctrine of respondent superior (let the one in the superior position be responsible) underlies the form of liability known as “vicarious liability.”