Peter Scales, III, lawyers in Mobile, AL, Alabama

Consultative Examinations, Generally

Consultative examinations (CE) of a social security claimant are used by the Social Security Administration (SSA) when the claimant's medical evidence is insufficient to determine the claimant's disability, or lack thereof. Although the claimant's treating physician is the preferred source of medical evidence, there are instances where a medical examination from an independent source is necessary. These include situations where the treating physician is unwilling to perform the examination, there are inconsistencies in the claimant's file that cannot be resolved by consulting with the treating physician, the claimant himself prefers an examination by a source other than his treating physician with good reason, or prior experience in dealing with the treating physician indicates that he may be unable to effectively provide the necessary service.More...

Notice of Injury

Generally, workers' compensation statutes contain a limitations period in which the injured employee must give notice of his injury. Under most circumstances, the notice is provided to the employer. The notice period itself is relatively small. Some statutes mandate that it be given as soon as possible while others provide for a fixed timeframe such as, for example, within a designated number of weeks or months following the injury. The required notice allows the employer to immediately provide the employee with medical care and allows for a more accurate and comprehensive investigation into the accident causing the employee's injury. If the employee does not give the mandated notice, his claim for benefits will be denied.More...

Plans to Achieve Self-Support

As part of its work incentive program, the Social Security Administration (SSA) has authorized the use of Plans to Achieve Self-Support (PASS) by disabled or blind individuals who are Supplemental Security Income beneficiaries. A PASS enables these beneficiaries to set aside income and resources for an occupational pursuit without being penalized with a reduction in their benefits amount. Neither the income nor the resources earmarked for a PASS are used in the SSA's calculation for benefits.More...

"Third Person" Entities

An employee who is injured during the course of his employment may, in addition to workers' compensation, seek damages in a third party action. Whether the employee of a subsidiary may sue the parent corporation, or vice versa, to recover damages for his injury is dependent on the jurisdiction. Though most often an affiliated corporation, such as a subsidiary or its parent, strives to maintain its independence from the other entity so as to be shielded by the corporate veil, in cases of worker injury such entities claim mutual identity to be protected from suit by the "employer's" immunity. In other words, if the injured employee works for the subsidiary, but files a third party action against the parent, the parent will argue that it stands in the shoes of the subsidiary as the employer and is thus immune from suit. This argument may very well work if the subsidiary is wholly owned and controlled by the parent.More...

Obtaining Workers' Compensation Benefits

Obtaining Workers' Compensation BenefitsMore...