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Recent Blog Posts

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Understanding the Role a Vocational Expert’s Testimony Plays in a Disability Benefits Hearing

By Stephen Barszcz |

In assessing an application for disability benefits, Social Security officials must determine the types of jobs an applicant can perform, taking into account their physical and mental impairments. To accomplish this, Social Security typically relies on the testimony of “vocational experts,” who provide estimates as to the types and quantity of jobs available in… Read More »

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The Role of Medical Consultants in Social Security Disability Cases

By Stephen Barszcz |

When you apply for disability benefits, the Social Security Administration will carefully review your medical records, including the diagnosis and expert opinions of your treating physicians. But Social Security also relies on a number of medical consultants, i.e., doctors who will examine your medical history but not personally treat you. Medical consultants actually work… Read More »

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Assessing Your Past Relevant Work When Applying for Disability Benefits

By Stephen Barszcz |

In order to qualify for Social Security disability benefits, agency officials must first determine whether or not you are capable of performing any type of meaningful work activity. A key factor in making this determination is an examination of your “past relevant work.” Social Security regulations define past relevant work as any “substantial gainful… Read More »

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What You Need to Know About Social Security’s “Listings” for Disabilities

By Stephen Barszcz |

Social Security employs a five-step process for evaluating applications for disability benefits. At the third step, a Social Security administrative law judge (ALJ) must determine whether or not the applicant’s known physical and mental impairments “meets or equals” one or more of the official “listings” of impairments, i.e., recognized disabilities. If the ALJ finds… Read More »

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No time limitations on claim for schedule award

By Stephen Barszcz |

The calculation of your rate of pay will determine the amount of every payment that you will ever receive from the OWCP. All wage loss payments and any schedule award payment you get will be based upon the calculation that they make regarding your rate of pay. Any miscalculation on the low side could… Read More »

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Business accounting

Is your rate of pay correct?

By Stephen Barszcz |

The calculation of your rate of pay will determine the amount of every payment that you will ever receive from the OWCP. All wage loss payments and any schedule award payment you get will be based upon the calculation that they make regarding your rate of pay. Any miscalculation on the low side could… Read More »

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Cash. Money. US dollars. 100 dollar bills. one hundred dollar bills. paid.

Schedule award lump sum may delay second award

By Stephen Barszcz |

The law provides that a schedule award should be paid out every four weeks until the entire payment of the award is made to the injured worker. If, for instance, a claimant received an award letter advising of 40 weeks of compensation, he would receive a total of 10 payments made every four weeks…. Read More »

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Spends for legal issues

The basics

By Stephen Barszcz |

To be entitled to continuation of pay, a person must have; (1) a traumatic injury which is job-related (2) file Form CA-1 within 30 days of the date of the injury (3) begin in time from work due to the traumatic injury within 45 days of that injury. The law is very specific that… Read More »

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Referee opinion required when treating doctor & government doctor opinions conflict

By Stephen Barszcz |

The law clearly states that if a conflict exists between the medical opinion of the employee’s physician and the medical opinion of either a second opinion physician or an office medical advisor, the office shall appoint a third physician to make an examination. This doctor is called a referee physician. The doctor must be… Read More »

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The basics of traumatic injury

By Stephen Barszcz |

A traumatic injury is a one time event or series of events, causing injury, which take place over no more than one shift. The most common types of traumatic injuries include: motor vehicle accidents; falls; lifting injuries; quick movements and over exertion. In most instances, you usually know that you hurt yourself at the… Read More »

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