The post YOU DESERVE JOB PROTECTION – UNIONIZE first appeared on Quatrini Law Group.
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Too hard to accomplish? No, it is easier than you think. And, Quatrini Law Group can help you.
Remember, if you are non-union, you are an “employee at will”. You can be fired for a good reason, a bad reason, or no reason. (Exception: if you are a member of a protected class – race, gender, age, or disability – you have statutory protection).
Non-union employees have no say in wages and benefits. However, if you unionize, your employer must negotiate a collective bargaining agreement with you which covers wages, hours, conditions of employment, and “just cause” protection against being fired. A collective bargaining agreement provides comprehensive job rights.
What do you need to unionize? Obtain the agreement of a majority of the employees at your workplace. You can join a traditional union or form an independent union, with your own constitution and by-laws. Established unions and independent unions are democratic organizations where the members elect officers and the members vote on the negotiated collective bargaining agreement.
The law protects your right to choose a traditional union or to create your own union. The law will also protect your right to enforce that agreement through labor arbitration. At Quatrini Law Group, we have almost a half a century in representing labor unions as well as creating and representing successful independent public and private labor unions.
Interested? Give our law firm a call (724-837-0080) and ask to speak to Attorney Ernie Orsatti.
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]]>The post SOCIAL SECURITY DISABILITY – WHAT’S NEW FOR 2023? first appeared on Quatrini Law Group.
]]>WHAT DO I NEED TO KNOW FOR 2023?
A new year brings changes to many parts of our lives. One area of change, the Social Security Disability Insurance (SSDI)
program includes multiple changes.
A significant change is the increase in the monthly SSDI benefit. The SSDI benefit tracks the federal Cost-of-Living Adjustment. (COLA) Except for several years where the benefit was not increased (2010, 2011 and 2016 are the most recent) the monthly benefit has increased over the last 45 years. The lowest increase was 1.3%, which occurred in 1987, 1999, and 2021. The highest increase was 14.3% in July 1980. The increase for 2023 is 8.7%. It is one of the highest COLAs. This increase will be reflected in each monthly check (or direct deposit).
There are other areas of the SSDI program which will reflect a COLA. Individuals applying for SSDI must meet financial guidelines before a claim will move forward to an analysis of health conditions and impairment affecting the ability to be gainfully employed. If you are working, and earning “Substantial Gainful Activity” income (SGA), your claim will be halted and denied, without assessing its merits. Each year the SSA sets the SGA. The amount for 2023 is $1,470.00 per month. If an applicant is making $1,470.00 of gross income, or more, per month (income before any deductions), SSA will find that the individual is not disabled – no matter how difficult it is for to work or function. If the applicant is blind, the SGA is $2,460 per month.
Another area applying COLA is the Supplemental Security Income (SSI) benefit program. SSI is payable to a disabled individual who does not have enough work credits to be eligible for SSD. The maximum monthly payment for an SSI recipient for 2023 is $914 – and $1,371 for a couple. (The SSI benefit for 2022 was $841 per month for an individual and $1,261 for a couple).
The SSDI program has another component which applies to individuals who are already approved and receiving SSDI benefits. It is called the Trial Work Period. (TWP) If an individual returns to work after an SSDI award, the individual is permitted to earn $1,050 per month in 2023 ($970.00 for 2022). Caution: The number of months of TWP is limited. Also, the TWP does not apply to individuals receiving SSI benefits.
The COLA also applies to the amount an individual must earn to acquire a quarter of covered income to achieve “insured” status for SSDI. For 2023, an individual must earn $1,640.00 per quarter. ($1,510 for 2022) Once you have a total of 20 quarters of covered income, only then are you insured for SSDI benefits. Caution: The 20 quarters of coverage must occur within a certain time frame.
Another area of anticipated change for 2023 involves hearings before an Administrative Law Judge (ALJ). At the beginning of the COVID-19 Pandemic, SSA moved all hearings – phone and video – to virtual. As of 2023, some of the ALJs have resumed in-person hearings. We expect to see more and more in-person hearings in the future. We also expect that applicants will have the option to have a phone or video hearing rather than an in-person hearing. Stay tuned for more news on this topic!
For more information, visit these SSA websites: https://www.ssa.gov/cola/; https://www.ssa.gov/oact/cola/sga.html; https://www.ssa.gov/oact/cola/twp.html
Remember, this is only a summary of upcoming changes impacting disability benefits within the Social Security system. For a more in-depth discussion of changes – and how they relate to you – please call – 724 221 3191 – or visit our website at www.qrlegal.com and talk with one of the Social Security Disability attorneys at Quatrini Law Group.
The post SOCIAL SECURITY DISABILITY – WHAT’S NEW FOR 2023? first appeared on Quatrini Law Group.
]]>The post MEDIATION – ANOTHER OPTION FOR RESOLVING DISPUTES first appeared on Quatrini Law Group.
]]>Let’s look at what mediation is – and is not – and how it functions as an alternative means of dispute resolution. The role of a mediator is to work with the parties to the dispute and to help them in reaching some settlement or resolution of that dispute that is acceptable to them. Mediators do not decide this resolution for the parties. They do not give advice, legal or otherwise, to the parties. The mediator’s role is to aid the discussion of the problems, explore the possible settlement terms. This would include helping each party to see and understand the position of the other party. Compromise by the parties is often what occurs, as each ‘side” understands what is most important to them and to the other side as well.
A skilled mediator will often suggest possibilities that maybe were not previously discussed or even considered by either party. They will work to open civil and rational discussions and communications between the parties.
Mediation provides advantages to parties that they may not have in formal litigation in court. It allows for them to have the opportunity to find a common ground, and to understand each side’s perspective of the problem. Also, all discussions are confidential. The mediator is not permitted to divulge any information, either to the other party or to the court if no settlement is reached and the case proceeds to a future lawsuit in court.
We are often asked why someone would choose mediation instead of just going to court? Here are some of those reasons:
Mediation generally takes place in a neutral location, often at the office of the mediator. It can also take place at a location that is central to all of the parties. This allows everyone to be on equal footing as they discuss their issues and work towards a resolution.
The process of a mediation is both structured as well as non-structured. It will generally begin with all parties together, along with the mediator, in the same room. Each side will provide their perspective of the issues and their suggestion for resolving them. In some instances, the mediator will meet with each party privately as well. Anything said in those private meetings will not be disclosed to the other parties unless the mediator has approval from that party.
Mediation can also result in a settlement that is not always of the type available in a court case. Court cases will generally result in one party owing money to the other party. While that often is also the result in a mediation, other things may also be part of a mediation settlement agreement. One party may agree to do – or not do – something such as
It is becoming more common for many court systems to require the parties to a lawsuit to attend a mediation before their case moves forward in the litigation. This is known as mandatory mediation. Although it is required rather than being voluntary, it will nonetheless follow the same general procedure. Courts have come to understand the value of requiring mediation at the beginning of a case. Doing so often results in quicker results for the parties to the lawsuit. It also opens up the court’s schedule for more difficult cases.
Mediation is a process that can provide significant benefits to all parties to a dispute.
It may help one party to obtain what they believe is a fair and equitable solution to their claim. It may help other parties to that same dispute to resolve their differences in a way that results in less cost or obligation to them. Because all of the parties to a dispute have reached their settlement together, they know that it is a settlement that is best suited to their needs.
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]]>The post New Veterans’ Conditions and Claims approved in the 2022 PACT Act first appeared on Quatrini Law Group.
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Camp Lejeune
With the passage of the Camp Lejeune Justice Act of 2022, part of the Honoring our PACT Act, in August 2022, individuals, family members, or workers injured by toxic drinking water at Marine Corps Base Camp Lejeune in Jacksonville, North Carolina can now receive compensation for their injuries. Individuals are now eligible for disability payments, healthcare, and compensation based on injuries caused by spending more than 30 days serving, living, or working at Camp Lejeune between August 1, 1953, and December 31, 1987. Service members, family members, and civilians who worked at Camp Lejeune during this time period and have developed serious illness, cancer, suffered a miscarriage or birth defects, are eligible to file a claim.
This is different from the VA’s existing disability compensation system, whereby service members who suffered an injury or illness caused by their service can receive VA Disability Compensation if the VA finds that their injury or illness was caused by their service. For more information on VADC benefits, click here.
Many chronic illnesses, neurological conditions, reproductive disorders, and cancers are now recognized as connected to exposure to toxic chemicals present in the drinking water at Camp Lejeune. Both those who were directly exposed to chemicals at Camp Lejeune and their family members may pursue a claim.
Gulf War Era – Burn Pit Exposure
The PACT Act also included 23 new presumptive conditions for service members who suffered toxic exposure in the Gulf War due to burn pits. Service members who serviced in Southwest Asia or the Middle East on or after August 2, 1990 for some locations, or on or after September 11, 2001 for other locations, are presumed to have been exposed to toxins from burn pits in the regions. The VA now recognizes many serious illnesses as so linked to exposure to these toxins, that if an individual both served in this area during this time period, and later developed one or more of these conditions, they are automatically considered to be connected to service.
The VA added the following cancers as presumptive conditions: Brain cancer, gastrointestinal cancer of any type, glioblastoma, head cancer of any type, kidney cancer, lymphatic cancer of any type, lymphoma of any type, melanoma, neck cancer of any type, pancreatic cancer, reproductive cancer of any type, and respiratory (breathing-related) cancer of any type.
The post New Veterans’ Conditions and Claims approved in the 2022 PACT Act first appeared on Quatrini Law Group.
]]>The post WHEN SHOULD I HIRE A WORKERS’ COMPENSATION LAWYER? first appeared on Quatrini Law Group.
]]>Clients who have had prior work injuries are more likely to contact us early on in their claims or are more likely to suggest to friends and family that they should contact us early on in their claims. The experience of having to deal with a workers’ compensation insurance company in the past makes one realize the benefits of having an attorney involved early on in the workers’ compensation process.
If a client sustains an injury, and the insurance company denies his or her claim, the client typically contacts us when he or she receives the Notice of Denial. This usually happens shortly after the client’s injury. However, if the insurance company voluntarily begins paying benefits, a client may refrain from contacting us initially.
It is important to remember that the workers’ compensation insurance company is a for-profit business. In order to make a profit, they must take in more money in premiums than they pay out in claims. In other words, in order to make a profit, they must try to limit the benefits they pay you. The insurance company has any ways at its disposal to limit or stop your benefits. And they are continually looking for and/or generating evidence to be used to reduce or stop the benefits that they are paying you.
If you are receiving benefits, the first step that the insurance company will most likely take to reduce or stop your benefits is to schedule you for an “independent” medical evaluation (IME). Most often, you will need to attend this examination. However, under limited circumstances, you may not need to attend the examination. If you have already discussed your case with one of our attorneys prior to the date of the examination, we may be able to avoid having you attend the exam.
Another step that the insurance company may take to reduce or stop your benefits is to schedule you for an interview with a vocational expert who will render an opinion that you have earning power. That opinion will be used as a basis for a petition, in which the insurance company will request that your weekly benefits be reduced or stopped. As with the IME, you will most likely be required to attend the vocational evaluation, but, under certain circumstances, we may be able to avoid having you attend the vocational interview.
The insurance company may also attempt to limit the number of weeks of benefits you receive by having you undergo an Impairment Rating Evaluation (IRE). Again, as with an IME or a vocational interview, you will most likely have to attend the IRE, but, under certain circumstances, we may be able to avoid having you do so.
There are many other actions that the insurance company may take which could jeopardize your benefits. Having one of our attorneys involved early on in your claim can limit the negative impact of the insurance company’s actions.
The million-dollar question typically asked is . . . How much will it cost to get an attorney involved in my case at the early stages? The good news is that, if the insurance company is paying you the weekly benefits to which you are entitled, you will not be charged a fee for us to monitor your case. Naturally, if we need to file a petition to get the insurance company to pay you benefits, or we need to defend against a petition filed by the insurance company to reduce or stop your benefits, we will need to charge you a fee. But, if we are simply monitoring your case, you will not need to pay us a fee to do so.
The other significant concern that you may have about getting us involved early on in your claim is the reaction of your employer when it becomes known that you have consulted a lawyer. However, your employer does not necessarily need to know that you contacted a lawyer. When we are involved early on in your workers’ compensation case, we will monitor your case in one of two ways. One way that we monitor a case is through you. We do not contact your employer or the insurance company. No one but you will know that you have contacted our office.
The other way that we monitor cases is to contact the insurance company and let them know that you contacted our firm. At that point, the insurance company is no longer permitted to contact you directly, and all correspondence must be directed to our office. Many clients choose this option when the insurance adjuster is being rude or not responding to calls or emails. This option allows you to focus on healing while we deal with the insurance company’s tactics.
Contacting one of our lawyers to discuss your case does not cost you anything. And doing so soon after your injury is the best way to protect your rights and benefits, and to avoid the negative impact of the insurance company’s attempts to stop, reduce or limit your benefits. Think of us as your workers’ comp helpline!
The post WHEN SHOULD I HIRE A WORKERS’ COMPENSATION LAWYER? first appeared on Quatrini Law Group.
]]>The post PTSD and its impact on Social Security Disability cases first appeared on Quatrini Law Group.
]]>PTSD is a strong emotional and/or physical reaction following exposure to a traumatic experience. A traumatic experience is any event in life that causes a threat to our safety and potentially places our own life or the lives of others at risk. As a result, a person experiences high levels of emotional, psychological, and physical distress that temporarily disrupts their ability to function normally in day-to-day life. Trauma – reaction and recovery, Better Health Channel, https://www.betterhealth.vic.gov.au/health/conditionsandtreatments/trauma-reaction-and-recovery. PTSD is therefore the body reacting after an overload of stressful stimuli, which can lead to a heightened or altered emotional state, and causing physical symptoms interfering with an individual’s ability to function the way he or she did prior to the event. PTSD does not always result from an immediate and temporary shock. Long-term treats to our well-being, such as long-term illnesses which threaten careers, incomes, and stability in our lives can also cause trauma responses.
PTSD is more than a mental condition. It causes physical symptoms as well and can impact a person in a number of ways. The symptoms of PTSD include intrusive memories, reactions triggered by reminders of the trauma and avoidance of such reminders, nightmares, irritability, trouble sleeping, increased tension and increased startle response, as well as difficulty with concentration, memory, and cognitive functioning. Post-traumatic stress disorder (PTSD), Mayo Clinic, https://www.mayoclinic.org/diseases-conditions/post-traumatic-stress-disorder/symptoms-causes/syc-20355967. The loss of sleep, fatigue, and cognitive symptoms caused by PTSD, as well as the interference with functioning due to intrusive memories, avoidance, and other symptoms, cause the person to be unable to complete normal work activities, particularly working with other people including co-workers and the public, work which may involve reminders of the trauma, and work involving travel or unfamiliar environments.
In determining whether a person can work, Social Security considers whether he or she has documented medical conditions which interfere with their ability to work. Some conditions are automatically disabling if certain symptoms exist, or certain test results have been found. Other conditions may not meet these exact criteria, but are still considered in making a disability determination. In these cases, the impact of the condition and its symptoms are assessed, and how it will interfere with the individual’s ability to work is considered. All conditions an individual experiences are considered together, to form a complete picture of all impairments he or she experiences, and all impacts these impairments have on their ability to function. Social Security then considers whether the individual, with all these impairments, can perform any work activities full-time. It is important to note, however, that Social Security requires evidence from a medical provider documenting the condition and its symptoms in order to fully consider it at all steps of this evaluation, and untreated conditions will be given less weight in the determination than those with an extensive treatment history.
As with any medical diagnosis considered by Social Security, you must have documentation of a medical diagnosis of the condition and supporting medical records for Social Security to fully consider the condition in ways during the evaluation process. This means that for conditions such as PTSD to be fully considered, you must be receiving treatment or, at the very least, talking to your doctor about the symptoms you are experiencing and how they have impacted your life. Treatment available for PTSD includes treatment with a psychologist or psychiatrist to determine the source, extent, severity, and possible treatments for the trauma response; therapy and counseling to prevent ongoing stress reactions and develop better responses when they do occur, medication to help manage symptoms, and other treatments depending on the individual situation. This is not a comprehensive list, and any treatment for your mental health conditions should be managed by a licensed professional.
Social Security considers PTSD in various ways during the disability determination process. Social Security considers the impact of PTSD in all cases for both children and adults, so long as there is supporting documentation to show the diagnosis and its impacts. To be automatically considered disabled, an individual must have documentation of a stressful/traumatic event, re-experiencing of the event, avoidance of reminders, altered mood or behaviors, and increased reactivity, as well as an impact on their ability to function. Appendix 1 to Subpart P of Part 404—Listing of Impairments, Part A, listing 12.15. If a person does not have adequate documentation of all of these symptoms of PTSD, Social Security will still consider the impact of their condition, but will consider specifically how those symptoms interfere with their ability to work, and whether they prevent them from working altogether. This can include the need to avoid startling stimuli, the need to avoid working with the public, a need for work with low concentration or memory requirements, and the need to avoid a stressful work environment.
If you believe you may have PTSD or another mental health condition as a result of exposure to a traumatic event, consult with your doctor and find out what treatments may be available to you. If you are applying for or considering applying for Social Security disability benefits, it is important that you begin seeking treatment as soon as possible and follow your doctors’ recommendations. While affording treatment, particularly after an injury or illness, can be challenging, there are often low- or no-cost services available for those with low incomes. Look for free or low-cost mental health care available in your area. Social Security reviews medical documentation of an individual’s treatment for conditions such as PTSD, and determines what impact the noted symptoms have on his or her ability to work. Social Security has published a short fact sheet on PTSD covering these details available here.
Finally, while mental health is often a sensitive subject, know that your doctors and attorneys are comfortable discussing it, and are familiar with the symptoms and impairments caused by this condition and are more than happy to help guide you through the process of finding treatment and including it in your disability claim.
By Erika N. Dowd, Esq.
Have more specific questions about how you PTSD or mental health condition may work with a Social Security Disability claim? Reach out to Quatrini Law Group any time for a free consultation at 888-534-6016.
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]]>The post First Road to Recovery Wellness Seminar a Success! first appeared on Quatrini Law Group.
]]>Come join in on the fun! Our next Road to Recovery Wellness Seminar will be “Healing Through Chiropractic Care.” Join us as Leah Samuels, Owner and Chiropractor at Align Chiropractic Wellness Center, sepaks about chiropractic care as an alternative treatment option. If you or someone you love is considering chiropractic care, you don’t want to miss this FREE 1 hour seminar!
The event will be held at QLG Greensburg on Wendesday, September 27th from 5:30PM until 6:30PM. Free, healthy snacks will be provided. You can find out more about this event by visiting our Facebook page. Register via the Facebook Event link or by emailing [email protected]
The post First Road to Recovery Wellness Seminar a Success! first appeared on Quatrini Law Group.
]]>The post SSD and SSI Recipients Will Receive Stimulus Payments first appeared on Quatrini Law Group.
]]>SSA has confirmed that our clients currently eligible for Social Security Disability (SSD) and/or Supplemental Security Income (SSI) benefits are scheduled to receive economic stimulus payments in the coming weeks:
“Social Security retirement, survivors, and disability insurance beneficiaries (who don’t normally file taxes) will also qualify for automatic payments of $1,200 from Treasury. These payments are anticipated to start arriving around the end of April.”
“SSI recipients with no qualifying children do not need to take any action in order to receive their $1,200 economic impact payment. The payments will be automatic.”
It is important for SSI recipients WITH qualifying children under age 17 to take the following steps:
https://www.irs.gov/coronavirus/non-filers-enter-payment-info-here
By taking proactive steps to enter this information on the IRS website, SSI recipients will also receive the $500 per dependent child payment in addition to their $1,200 individual payment. If SSI beneficiaries in this group do not provide their information to the IRS soon, they will have to wait until later to receive their $500 per qualifying child.
Despite this good news, QR is disappointed to learn that the Social Security Administration has refused to suspend its new rule, as proposed and encouraged by the current presidential administration, to dramatically increase continuing disability reviews. You can learn more about the impact of the new rule through our good friends at Community Legal Services of Philadelphia:
For more information on the economic stimulus payments, you can visit SSA’s blog at https://blog.ssa.gov/.
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]]>The post Pennsylvania scaffolding accidents can be deadly first appeared on Quatrini Law Group.
]]>In fact, the Occupational Safety and Health Administration estimates that 65% of construction workers use scaffolding daily. OSHA strictly regulates the installation and maintenance of scaffolding to make sure it is safe for workers. Unfortunately, scaffolding accidents still occur, many of them severe.
It is estimated that each year 10,000 workers are injured because of scaffolding accidents. Most of these accidents occur because the scaffolding collapsed. Other scaffolding accidents can happen when a construction worker slips, workers are struck by falling objects such as tools falling off scaffolding or they are electrocuted.
Many times, scaffolding accidents are caused by improperly installed scaffolding or improper use of scaffolding. If a person is injured because of a scaffolding accident, there are many types of injuries they can suffer. These catastrophic injuries include head trauma, burn injuries, electrocution, spinal cored injuries, and even death.
If a family is facing a situation where their loved one was seriously injured or even killed in a scaffolding accident, they may want to speak with a legal professional who is skilled in construction accidents. An attorney can investigate all angles of the accident and help determine what happened and the most appropriate legal avenue for compensation.
The post Pennsylvania scaffolding accidents can be deadly first appeared on Quatrini Law Group.
]]>The post Justice for the victims of motor vehicle accidents first appeared on Quatrini Law Group.
]]>Most motor vehicle accidents are so-called “fender benders.” But, we all know that motor vehicle accidents can be deadly – these incidents are one of the leading causes of death and injuries throughout the country. Each year millions of Americans lose their lives, or their loved ones, in motor vehicle accidents. For the millions more who survive these incidents, the life-changing impact of severe injuries can be tough to overcome. That is when personal injury lawsuits might come into play.
Any of our readers in Pennsylvania who are familiar with personal injury lawsuits probably know that many of these types of lawsuits are, in fact, based on motor vehicle accidents. But, we also know that these “accidents” actually don’t occur without fault, in most cases. Negligence and recklessness play a huge role in most motor vehicle accidents that occur on the roadways in Pennsylvania and throughout the country, whether they are auto-pedestrian accidents, truck accidents, commercial vehicle accidents, or even motorcycle accidents.
If you have been injured in a motor vehicle accident that was caused by another party’s negligence or recklessness, you may have legal options to consider. At our law firm, we do our best to help our clients as they pursue their legal rights. For more information, please visit the personal injury overview section of our law firm’s website.
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