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May 2014 Archives

Chronic Fatigue Syndrome (CFS) and Social Security Disability

     Social Security Disability claimants should know that on April 3, 2014, the Social Security Administration published Social Security Ruling (SSR) 14-1p, "Evaluating Claims Involving Chronic Fatigue Syndrome (CFS)" rescinding SSR 99-2p. SSR 14-1p is effective April 3, 2014. For the full text, go to SSA's website.  Pertinent parts follow below:

Tennessee truck accident leaves driver in critical condition

Truck accidents in the state of Tennessee have been known to result in serious injuries. Recently, the driver of a flatbed truck was seriously injured after his truck was sideswiped by a tractor-trailer. The truck accident happened on a Tuesday afternoon and occurred on Interstate 40 in the vicinity of the Strawberry Plains interchange.

Social Security Disability Comment Periods for Listings Extended

     Decisions on proposed changes for Social Security Disability HIV and neurological disorders listings will be delayed allowing an extended comment period. The Social Security Administration (SSA) issued a correction to the proposed changes to the HIV infection listings, which extends the comment period. The correction removes changes to listings 113.00 that were inadvertently included in the NPRM and extends the deadline for submitting comments from April 28, 2014 to May 27, 2014.

Responsible Tennessee dog owners can prevent dog bite injuries

The American Veterinary Medical Association is the sponsor of Dog Bite Prevention Week during May. The aim of the week is to create awareness of potential risks of a dog biting and causing serious injuries to people. Every year, United States authorities, including those in Tennessee, receive reports of more than four million dog attacks in which people suffer injuries.

Pre-Existing Conditions and Tennessee Workers' Compensation

     Sometimes in workers' compensation claims, the injured worker has pre-existing problems or conditions.  Often the employer or workers' compensation insurance company will deny the claim based on those pre-existing conditions or illnesses.  An employer cannot escape liability when an employee, upon suffering a work-related injury, incurs disability far greater than if the employee had not had pre-existing medical conditions. Kellerman v. Food Lion, Inc., 929 S.W.2d 333, 335 (Tenn. 1992); Rogers v. Shaw, 813 S.W.2d 397 (Tenn. 1991).

Tennessee amputee receives workers' compensation

An accident 18 years ago led to the amputation of a bus driver's left hand and a partial amputation of his left leg. The accident happened when a car cut off the bus he was driving. Of the 22 injured people on the bus, the bus driver suffered the worst injuries. As would happen concerning similar work accidents in Tennessee, the bus driver instituted a workers' compensation claim.

Social Security Disability or SSI due to Crohn's Disease

A      person can qualify for Social Security Disability or SSI benefits if he suffers from Crohn's disease or inflammatory bowel disease. Crohn's disease.  The Social Security Administration (SSA) follows a step-by-step evaluation to determine if someone is medically qualified for disability benefits. At the third step of the process, the SSA looks to see if the person has an impairment or several impairments that meet or equal a "listing." The listing is as follows:

Multi-car wreck leads to serious injuries to man's lower body

Running out of gas during the early hours of a recent Wednesday morning at the end of April may have changed the life of a 22-year-old male. The 3-car wreck happened around 1 a.m. along Callahan Drive in the northwestern section of Knoxville. The Tennessee man and his female passenger stopped when their car ran out of gas.

Waits for Social Security Disability Hearings and Approval Rates

     People applying for Social Security Disability or SSI are waiting longer to have their cases heard and fewer cases are being approved. The national average processing time for claims before the Office of Disability Adjudication and Review is up to 392, which is an increase of 10 from February of 2014, and up from 372 in December of 2013. Nationally, the average approval rate is 44% (down from 46% since December of 2013). In Tennessee, the average processing time is 419, which is up from the 407 days in February of 2014 and 388 days in December of 2013 with 49% of cases being approved. The approval rate has dropped from 50% in February of 2014 and 53% in December of 2013.

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