| "Residual Functional Capacity" in Social Security Disability Evaluation |
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| As a correlative step in its disability evaluation, the Social Security Administration examines an individual's residual functional capacity (RFC). The nature of the individual's impairment(s) will determine to what degree his ability to work is impacted. The bedrock of the RFC assessment is what is the most that an individual can do; not the least. An individual's RFC is that remaining functionality that the individual has despite the limitations caused by his impairment. An RFC assessment is made based on all the evidence, which may include the individual's own account of his limitations, observations by physicians, psychologists, friends, neighbors, and the like, work attempt records, and the individual's medical records. More... |
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| Post-Employment Injuries |
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| Though it would seem to be antagonistic to the principle that an injury must arise out of the employment to be compensable, some injuries that occur post-employment are still compensable. Depending on the situation, some activities occurring post-employment are considered by the courts to be normal work activities. For example, injuries incurred while picking up a paycheck, exiting the work premises, and collecting belongings from the employer's premises have all been held to be compensable provided that such activities are undertaken within a reasonable time after the employment relationship has ended. More... |
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| Fault of Employee |
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| A core principle within the area of workers' compensation is that the question of "fault" is largely irrelevant. It is only when the employee's "fault" in connection with the injury is occasioned by him leaving the course of employment or is a statutory defense in a jurisdiction will the inquiry come into play. The test for workers' compensation is generally not personal such that an employee's misconduct, whether negligent or intentional, will affect the receipt of benefits. Rather, the test is merely whether the injury arose out of and in the course of employment. More... |
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| Standard of Conduct for Representatives of Social Security Claimants |
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| Those individuals undertaking to represent a social security claimant, whether an attorney or a non-attorney, must adhere to a certain standard of conduct. In particular, representatives appearing on behalf of a claimant before the Social Security Administration (SSA) must comply with the SSA's Rules of Conduct and Standards of Responsibility for Representatives (Rules of Conduct). More... |
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| Insurance Carrier Conflict of Interest |
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| 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... |
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