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Law Office of Frank J. Niesen, Jr.

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Workers Compensation

Supplemental Security Income Redeterminations
Eligibility for Supplemental Security Income benefits turns on various criteria including that the individual have available only "limited" income and resources. Once the individual's eligibility is established, periodic redeterminations will be conducted to ensure that the individual still meets this eligibility criteria and is receiving the appropriate amount of benefits. Generally, a redetermination will take place for each individual every one to six years. More...
Overpayments of Social Security Disability Benefits
An overpayment of social security disability benefits arises when the Social Security Administration has paid the recipient in excess of the amount that was actually due. The Commissioner of Social Security is authorized to collect the overpayment either by reducing the recipient's future payments, requiring the recipient or his estate to repay the excess amount, or by reducing the recipient's tax refund by the excess amount. More...
Correlation Between Workers' Compensation and Social Security Disability Benefits
Workers' compensation and social security disability insurance (SSDI) benefits both aim to help disabled individuals by providing funds for income replacement. Though similar in purpose, the programs diverge in their criteria for the receipt of benefits. Eligibility for workers' compensation benefits requires that the individual be an employee who was injured on the job. In contrast, SSDI benefits are only issued to those individuals who are so severely disabled by a medically determinable impairment that they cannot engage in any substantial gainful activity. Additionally, to be declared eligible for SSDI benefits, an individual must have worked long enough to be "insured" and must not have reached a certain age. More...
Meaning of "Miner" for Purposes of Black Lung Benefits Act
The Black Lung Benefits Act provides for total disability claims for United States miners suffering from pneumoconiosis (aka black lung disease), which was contracted due to their employment. Originally, a "miner" was considered to be a person who was employed in an underground coal mine. However, subsequent amendments to the Act deleted the "underground" requirement so that miners working in above-ground environments would also be covered. More...
Workers' Compensation
Workers' compensation is an employer-provided benefit that exists to aid an employee or his dependents in the event that the employee is injured or killed on the job. Workers' compensation is governed by each state's laws, but the general consensus is that eligibility for such benefits turns on whether the employee suffered an accidental injury that arose out of and in the course of his employment or an occupational disease. More...

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