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March 2012 Archives

Unsuccessful Work Attempts and Social Security Disability or SSI

What happens if a Social Security Disability or SSI claimant works at Substantial Gainful Activity (SGA) levels during the application or appeals process? Generally, if the claimant's impairments force her to stop working in six months or less, then the work will not be viewed as an ability to work at SGA and will be viewed as an Unsuccessful Work Attempt (UWA). First, there must be a significant break (stop working or reduced work below SGA because of impairments for at least 30 consecutive days) in the continuity of the claimant's work before SSA can consider a later work attempt to be unsuccessful.

Dozing driver may have caused Tennessee truck accident

Truck accidents can happen to anyone, including Tennessee state troopers. Often being stopped on the side of the highway can be dangerous as drivers may not expect to encounter a stopped vehicle. However, drivers are expected to maintain a safe distance from police cars that are conducting traffic stops near the road. One recent truck accident occurred when a truck driver unfortunately did not notice a police cruiser until it was too late.

Workers' Compensation is Topic of Several CLEs by John Dreiser

Many facets of Tennessee Workers' Compensation will be discussed at several Continuing Legal Education seminars that John Dreiser will be speaking at this summer.

Tennessee trooper injured in fiery truck accident

Driving late at night can lead to tiredness and fatigue, as many people in Tennessee know. Unfortunately, truck drivers are particularly prone to becoming tired while driving. When a driver of big rig loses control after falling asleep or simply taking attention off the road, a truck accident can result.

Tennessee accident results in personal injury

Tennessee pedestrians can suffer personal injuries when they least expect them. Sometimes leaving home can even be dangerous and result in a personal injury. This can be true when a person steps out into local roads as they leave their home and come in contact with busy traffic.

Postural/Manipulative Limit in Social Security Disability and SSI

As discussed previously, Social Security Disability and SSI claims hinge on the Residual Functional Capacity (RFC) of the claimant and whether work exists in the local or national economy in light of that claimant's RFC. I also recently discussed the different exertional levels the Social Security Administration utilizes: sedentary; light; medium; heavy, etc. The exertional levels are most often defined in terms of strength or ability to walk, stand, or sit. However, other activities can affect the RFC of a claimant in terms of the listed exertional levels. Some of these activities fall under what are defined as postural/manupilative activities or limitations. Examples of these activities are: climbing, balancing, stooping, crouching, crawling, pushing/pulling, kneeling, reaching, and handling.

Exertional Levels for Social Security Disability and SSI

Social Security Disability and SSI claims almost always deal with exertional levels, whether it is looking at the claimant's past relevant work or her residual functional capacity, i.e. what the claimant can still do despite her physical or mental impairments. What is an exertional level?

1 dead, 8 injured after Blount County crash

Most people will agree that a car accident is stressful and emotionally exhausting in and of itself. But when car accidents are severe, and even claim a life, the stress and emotional turmoil can reach unparalleled heights. No matter what circumstances lead to a crash, a fatal outcome almost always spawns questions -- questions that often go unanswered. A recent car accident near Knoxville, Tennessee, is no exception.

Construction accident claims 1 life at Tennessee plant

Gatlinburg, Tennessee, is a beloved vacation spot for many people, a place for families to go to escape the stress of daily life and relax. What most people don't consider is the amount of work that goes into keeping Gatlinburg a beautiful and sought-after vacation destination. A plethora of people call the mountains of East Tennessee home. Unfortunately, even in this serene mountain setting, work injuries happen and a certain number of employment-related risks are inherent. Recently, a trench collapse at The Gatlinburg Wastewater Treatment plant and claimed the life of one worker. It has resulted in a state-sponsored investigation.

Important Info for Social Security Disability and SSI Claimants

Periodically I like to post some useful information for Social Security Disability and SSI claimants in Tennessee.

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