| Judicial Review of Social Security Administration Action |
| Aggrieved parties may seek judicial review of final Social Security Administration (SSA) decisions by filing a civil action in federal court. Generally, aggrieved parties must first exhaust their administrative remedies prior to initiating an action for judicial review. In juxtaposition to the administrative exhaustion rule, aggrieved parties may file a mandamus action to compel the performance of a duty owed by the SSA. The appropriateness of mandamus relief is based on considerations of 1) whether the party has any other adequate way to obtain the necessary relief, 2) whether the SSA has a clear duty to act as requested, and 3) whether the party is entitled to have the SSA so act.More... |
| What is Social Security Disability Insurance? |
| The Social Security Disability Insurance (SSDI) program was created through the Social Security Act of 1935 to partially replace an individual's lost earnings due to a physical or mental impairment that prevents the individual from working. A qualified disabled worker's condition is one that leaves the individual unable to engage in any substantial gainful activity by reason of a medically determinable impairment that has lasted or is expected to last at least twelve months, or to end in death.More... |
| Adult Consultative Examination Reports |
| When an adult Social Security Disability Insurance claimant fails to provide, or provides inadequate, medical information to make a "disability" determination, the Social Security Administration (SSA) will request that a consultative examination (CE) be performed. The claimant's treating physician or an independent medical source may perform the CE. When the CE has been completed, a report must be provided to the SSA that meets the minimum requirements specified by the SSA. More... |
| Attorneys' Fees and Costs in Third-Party Actions |
| When an injured employee initiates a third-party action based on the injury he received in the course of his employment, most states require the employer or its workers' compensation insurance carrier to pay part of the attorneys' fees incurred in bringing the action. They are to pay the fees out of their share of the recovery. Though the majority calls for the employee and employer to share the burden of attorneys' fees, there is still variation among the states as to who is obligated to pay the fees and in what amount.More... |
| Types of workers compensation laws |
| Applicability of the LHWCA requires that the situs and status tests be met, i.e. the injury must have occurred on United States navigable waters or adjoining area by a maritime worker as specified in the LHWCA. It appears that the LHWCA was conceived to fill a gap in workers' compensation coverage by providing benefits to those employees who were not injured on land, which would then be covered under the applicable state's Workers' Compensation Act. However, the expansion of the interpretation as to what is the "adjoining area" of navigable waters has allowed for conflicts of law questions to arise for maritime workers. Caselaw suggests that when the LHWCA does not clearly apply under the status and situs tests, each case will be examined on its own facts to determine the source of the injured employee's benefits. Notably, Louisiana denies state workers' compensation benefits to an employee who is covered by the LHWCA.More... |
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