LEGALREPORT

更新时间:2023-06-08 05:33:37 阅读: 评论:0

LEGAL REPORT
By: Milan Rada, Esq.
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Recently I met with a client, a police officer, in the office regarding a potential claim for accidental disability retirement benefits (3/4). And, as is often the ca, there were many questions regarding time frame, m edical issues and the standard for an “accident.”  At this meeting, as also often happens, the police officer also brought up potential entitlement to Social Security Disability benefits.
In order to give you the background in which the Social Security questions came up, I just want to tell you about the police officer‟s injury. It is an injury to the dominant right hand that prevents him from being able to fire his weapon, thereby leaving him unable to do the full duties of a police officer.
As you know, in order to qualify for ¾, you must prove that you are unable to perform the full duties of a police officer as the result of an accident sustained in the line of duty and that the disability is permanent. In certain limited circumstances, the burden of proof may change so that you must prove you are unable to perform the light duties that have been assigned to you.
For Social Security disability purpos, the definition of disability is entirely different than that for accide
bbc可可英语ntal or performance of duty disability benefits (50%). The definition of disability fo r Social Security purpos is “. . . the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. To meet this definition, you must have a vere impairment(s) that makes you unable to do your past relevant work or any other substantial gainful work that exists in the national economy.”历年考研英语国家线
Social Security is not concerned whether your injury is an “accident” or not. Social Security is not concerned with whether your disability is “permanent” or not, only that it last for a minimum of 12 continuous months. Social Security is not concerned whether your disability results from a line of duty or non line of duty injury. As should be apparent, an injured and disabled police officer, who is out of work becau of the injury for at least 12 continuous months, can qualify for Social Security disability benefits.
高中语文教学反思What if during the time the police officer is out of work, he is receiving full pay, whether in the form of line of duty 207-c payments, or using his own sick time becau it is not a line of duty injury? In either of the situations, the receipt of full pay does NOT disqualify the police officer for receipt of Social Security disability benefits.
Social Security recognizes the concept of a “clod period of disability.” What this means is that entitlement to Social Security benefits can be established for a definite period of time during which the disabled police officer met the requirements of the Social Security law. This “clod period” must be at least 12 months and can extend for as many months, or even years, that the requirements are met. The disabled police officer does not have to file for disability retirement benefits from the State Retirement System to be eligible.shots是什么意思
Many of you familiar with the State Retirement System‟s procedures in determi ning eligibility for accidental or performance of duty disability benefits know that the State will nd the applicant out to be examined by its “medical expert.” This examination is suppod to be in the nature of an “independent medical examination.” Aft er many years of working with claims for accidental or performance of duty disability benefits, it is amazing to me how voluminous medical records showing the applicant‟s disability benefits are completely disregarded by the Retirement System in favor of i ts doctor‟s opinion, who has allegedly examined the applicant on one occasion. In the overwhelming number of cas, the Retirement System gives dispositive华尔街英语学习软件>upgrade什么意思
weight to the opinion of its examining doctor, be that Dr. Mazella, or Dr. Toriello, or Dr. Dermksian, to name but a few.
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This does not and cannot happen in a Social Security claim. In the first place, we have had veral clients approved for benefits who were not required to be examined by a doctor designated by the Social Security Administration. But, much more importantly, the Social Security Administration has a regulation commonly known as the “treating physician rule.” According to this rule, the Social Security Administration is required to give greater weight to the opinion of the treating docto r. Furthermore, if the Social Security Administration “. . . find[s] that a treating source‟s opinion on the issue(s) of the nature and verity of your impairment(s) is well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in your ca record, we will give it controlling weight” (emphasis added).
So, while the Retirement System‟s doctors are free to ignore MRI‟s, CAT Scans, EMG‟s, EKG‟s and other objective test s, along with the opinions on the degree of disability as t forth by the applicant‟s treating sources and even the Police Surgeon, in a Social Security claim this does not happen.
And, if you are awarded Social Security disability benefits, what about the taxability of the benefits? As indicated on the Social Security website, “You will have to pay federal taxes on your [Social Security] if you file a federal tax return as an …individual‟ and your total income is more than
六级培训$25,000. If you file a joint return, you will have to pay taxes if you and your spou have a total income that is more than $32,000.” A frequently asked question is whether federal taxes can be withheld from a Social Security check. Again, referring to the Social Security website, this can be arranged by completing IRS form W-4V, lecting the percentage (7, 10, 15,
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or 25 percent) of the monthly benefit amount wanted to be withheld and signing and returning the form to your local Social Security office by mail or in person.
You should b e aware that for Social Security purpos, “income” includes tax-free pensions such as accidental or performance of duty disability benefits. And what about working while receiving Social Security disability benefits? You are able to work and receive Socia l Security disability benefits, but there is a limit on how much you can earn and for how long. For calendar year 2010, that limit is $1,000 per month. However, for various reasons, it is our recommendation that someone receiving Social Security disability benefits not earn anywhere near $1,000 per month, even though permitted by law to do so. You must make sure that Social Security is aware that you are working, where you are working and how much you are earning. Failure to give Social Security timely notice of your work and earnings can lead to extremely rious conquences, the least of which is the requirement to re-pay the benefits paid to you by the Social Security Administration. Criminal fraud charges can be
sought by the administration.
If you have any questions regarding eligibility for Social Security disability benefits, accidental or performance of duty benefits or any other matters relating to injury, whether in the line of duty or not, plea feel free to call us at 516.496.0400 ext. 4413.

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