Social Security Disability Blog

The most important factor in many motor vehicle accident claims relates to the negligence of another party and whether that negligence proximately caused injury and damages to another party. A commercial truck accident case is not any different, although different rules and regulations apply to truck drivers and the companies that employ them.

There are certain essential elements of negligence that an injured plaintiff will need to prove in court in order to prevail in a personal injury matter stemming from a commercial truck collision.

Children and adults tend to split up dog bite incidents fairly evenly, at least when looking at bites that put people in the hospital. Of the 800,000 annual bites that lead to hospital visits, about 400,000 are children and 400,000 are adults.

About 4 million people get bitten every year, according to some estimates. This takes into account those who suffer minor bites and do not need medical treatment.

You may be relieved that school has started back up. Finally, your children won’t be underfoot all day saying they’re bored. However, you might also worry if your kids walk or ride their bikes to and from school. Pedestrian accidents are a serious concern for residents of Tennessee and elsewhere, and children are particularly at risk.

Like any parent whose children walk or bike to school, you have explained the safety rules to your kids. Don’t text while walking, look both ways before crossing the street, only cross at crosswalks and never run out into the street are some of the tips you drill into their heads on a regular basis. However, as you may be aware, your children may follow the rules impeccably, but a distracted, intoxicated or reckless driver could still strike and harm them. All drivers should know that children will be walking and biking in the mornings and afternoons. Motorists can reduce the chances of causing a tragic pedestrian accident in the following ways:

• Always be aware of the surroundings, and watch for pedestrians and bicycles in addition to other vehicles.
• Stop whenever a school bus’s safety arm is extended or caution lights are on.
• Be especially cautious driving near intersections or crosswalks, and stop for crossing guards and children crossing the street, regardless of whether they have a green light.
• Understand that children don’t always follow the rules, and they may dart into the street without warning or cross when traffic is heading their way.
• Drive cautiously when the weather conditions are poor or sun glare is restricting vision.

One of the toughest things I have to do when explaining to people applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) or whose application has been denied is the length of the process. I try to regularly provide an update on processing times and approval rates for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims at some hearing offices (ODAR). However, it has been since February of 2018.

Please remember that these statistics are only for claims pending at the hearing level or Office of Disability Adjudication and Review. The claims at a hearing office have already been through the Application and Reconsideration steps (typically 6-12 months of waiting already).

Nationally:

• Average processing time: 577 days (down from 582 in February of 2018, but still up from 573 in July of 2017, 525 days in January of 2017 and up from 444 in May of 2015)
• 43% of cases approved (down from 45% of cases approved in February of 2018)

Asheville, North Carolina - Kingsport, TN hearing office

• Average processing time: 573 days (up from 540 days in February of 2018, 532 days in July of 2017, 512 days in January of 2017, 454 days in October of 2016 and 339 days in April of 2015)
• 62% of cases approved (up from 60% in February of 2018, but down from 64% of case approved in January of 2017)

Chattanooga, Tennessee:

• Average processing time: 493 days (down from 556 days in February of 2018, 553 in July of 2017 and 535 days in January of 2017)
• 54% of cases approved (up from 50% in February of 2018 and slightly from July of 2017, but down from 60% in January of 2017)

Charleston, South Carolina

• Average processing time: 688 days (up from 675 days in February of 2018, 656 in July of 2017 and 617 days in January of 2017)
• 36% of cases approved (down from 39% in February of 2018, 40% in July of 2017 and 49% in January of 2017)

Columbia, South Carolina

• Average processing time: 604 days (down from 655 days in February of 2018, 654 days in July of 2017 and 664 days in January of 2017)
• 54% of cases approved (up from 49% in February of 2018)

Franklin, Tennessee

• Average processing time: 581 days (up from 567 days in February of 2018, 552 days in July of 2017, 521 days in January of 2017 and 475 days in December of 2015)
• 46% of cases approved (down from 53% of cases approved in February of 2018, 55% in July of 2017 and down from 62% of cases approved in January of 2017)

Kingsport, Tennessee:

• Average processing time: 573 days (up from 540 days in February of 2018, 532 days in July of 2017, 512 days in January of 2017, 454 days in October of 2016 and 339 days in April of 2015)
• 62% of cases approved (up from 60% in February of 2018, but down from 64% of case approved in January of 2017)

Knoxville, Tennessee:

• Average processing time: 540 days (down from 576 days in February of 2018 and 565 days in July of 2017, but still up from 521 days in January of 2017)
• 47% of cases approved (down from 51% in February of 2018)

Memphis, Tennessee

• Average processing time: 639 days (up from 600 days in February of 2018, 591 days in July of 2017, 578 days in January of 2017)
• 47% of cases approved (up from 45% in February of 2018, but down from 52% of cases approved in January of 2017)

Nashville, Tennessee

• Average processing time: 456 days (down from 509 days in February of 2018, 508 days in July of 2017, 491 days in January of 2017, 484 days in October of 2016 and 465 days in December of 2015)
• 51% of cases approved (up from 49% of cases approved in July of 2017)

Lexington, Kentucky

· Average processing time: 639 days

· 45% of cases approved

Middlesboro, Kentucky

• Average processing time: 436 days (down from 458 days in February of 2018)
• 41% of cases approved (down from 46% in February of 2018 and 45% in July of 2017)

The hearing office staff work hard and understand the frustrations of the claimants and representatives, but they are hamstrung by the workload and budgetary restraints.