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CASE LAW: Not mentioning a disability when retiring will make you inelgible for an award.

The Doctors Corner - Compensation and Social Security Information for Doctors

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Lectures & Presentations

It's not who but WHAT you know!

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New York Workers' Compensation Law Library

Library Categories:

New York State Workers’ Compensation:

Why Do I Need to Purchase Insurance?
Description: Importance of purchasing insurance contracts whether it be workers compensation insurance, disability insurance, general insurance or one of the many other types of insurance on the market today.
Triange Shirtwaist Group Names Recipients of Public Service Award [PDF]
Description: The Triangle Shirtwaist Factory Fire Memorial announced four individuals who will receive a Clara Lemlich Public Service award for their work and efforts in the reform of workers’ compensation and improvement of occupational safety in New York State.
NY Workers Comp Attorney explains why Workers Compensation Benefits MATTER
Description: Injured in a New York workplace accident? Does it seem like too much bother to file for workers’ compensation benefits, or is your employer pushing you to just see your regular doctor and not file a claim? Here are three important things to keep in mind that highlight why workers’ compensation benefits are so important for injured New York workers.
Decrease Your Risk of Home Fires - Take a Look at These Tips When Using Home Heaters [PDF]
Description: Follow these safety tips to avoid home fires caused by space heaters and other home fire equipment.
National Volunteer Fire Council - NY State Benefits Guide [PDF]
Description: A look at workers' compensation and other benefits for firefighters and their families from The National Volunteer Fire Council.

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Social Security Disability:

Possible Disability Hearing Outcomes
Description: At the end of your disability hearing, you might find out valuable information as to whether or not your claim will be granted. Judges can do different things with repsect to closing a hearing and it's important to know these various ways.
Obtaining Health Insurance While Your Disability Case Is Pending
Description: For individuals applying for disability benefits, obtaining health insurance can be a hardship. A disability case can take several months to adjudicate and for many people, the lack of a steady income prevents them from obtaining health insurance.
How To Know If You Should Apply For Disability Benefits
Description: If you are out of work and no longer generating a steady income, applying for Social Security Disability benefits should definitely be a consideration. It doesn't cost anything and it might result in more money for you and your family each month.
Social Securuty Administration Reduces Disability Case Backlog [PDF]
Description: The Commissioner of Social Security announced on March 2, 2010 that the backlog for disability cases has dropped below 700,000.
Pending Social Security Disability Cases Drops Below 700,000
Description: The Social Security Administration announces that the backlog of disability hearings has gone down dramatically since 2005. The total number of pending cases is now below 700,000.

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Supplemental Security Income:

How A Child Disability Case Is Decided
Description: A disabled child may be entitled to a monthly financial allocation from the government if they are rendered disabled. There are several factors a Judge looks at in determining whether or not a child is disabled.
Strict Income Requirements May Prevent You From Qualifying for SSI
Description: Supplemental Security Income is another program that the Social Security Administration offers to individuals who are unable to work because of their physical or emotional impairments.
Disabled Children & How You Can Get Benefits For Them
Description: Disabled children under the age of 18 may also qualify for benefits under Social Security's Supplemental Security Income program.Disa
Supplemental Security Income (SSI) for Children with Disabilities
Description: If your child is disabled, he or she may be eligible for Supplemental Security Income payments. Markhoff & Mittman discuss how the Social Security Administration determines eligibility and the application process. If you have applied for Supplemental Security Income for your child and have been denied, contact us today at (914) 946-1452 or (866) 205-2415.
Are You Eligible for Supplemental Security Income?
Description: Supplemental Security Income benefits are available to the blind, the disabled, and the aged. However, certain eligibility requirements are placed on the individual's income and resources.

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Federal Workers’ Compensation:

Appeals Process: Federal Workers' Compensation
Description: An overview of the appeals process for a Federal Workers' Compensation claim.
Longshore & Harbor Workers' Compensation Act
Description: The Longshore & Harbor Workers' Act provides workers' compensation for maritime workers who are injured on the job.
Who is Covered Under FECA?
Description: FECA provides compensation to federal civilian employees who are injured on the job.
Federal Employees' CompensationAct
Description: The Federal Employees' Compensation Act provides for statutory benefits to civilian federal employees who are injured on the job site.

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New York City and State Retirement Disability:

CASE LAW: Not mentioning a disability when retiring will make you inelgible for an award. [PDF]
Description: YOU MUST MENTION A DISABILITY WHEN RETIRING FOR MEDICAL REASONS OR YOU WILL NOT RECEIVE BENEFITS FOR IT! The claimant retired one month after hitting 25 years of service. After a hearing medically he was found to have a permanent partial disability, however, he never told his supervisors that he was retiring because of his injury. His doctors did not tell him to retire because of the injury. Based upon these facts the court affirmed the Workers' Compensation Board’s finding of a voluntary withdrawal from the labor market making him ineligible for benefits.

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The Doctors Corner - Compensation and Social Security Information for Doctors:

NY Workers Compensations New Medical Treatment Guidelines - the Shoulder
Description: THIS IS HOW YOU MUST TREAT YOUR PATIENT - yes, the New York State Workers Compensation Board has adopted new medical treatment guidelines for multiple body parts that attempt to "guide" medical practitioners in how to treat certain body parts (here the Shoulder)- this is designed to supposedly reduce conflict with insurance company independent medical exams (IMEs) and get treatment to injured workers more expeditiously.
NY Workers Compensation New Medical Treatment Guidelines - Cervical Spine
Description: A PAIN IN THE NECK? The NY Workers Compensation Board is adopting NEW medical TREATMENT guidelines designed to "guide" medical practitioners in how to diagnose, treat and assess cervical spine work-related injuries and diseases. Allegedly designed to help reduce conflict and provide a basic standard of care, medical practitioners, attorneys, claimants, insurance carriers and the workers compensation board itself must now familiarize itself with these new guides.

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Newsletters:

M&M News - A Newsletter Published by Markhoff & Mittman, PC [PDF]
Description: Workers Comp and Social Security Disability Attorneys Publish Monthly Newsletter
Workers' Comp/Social Security Disability Attorneys Provide FREE Newsletter -- Viewable at www.markhofflaw.com [PDF]
Description: Markhoff & Mittman Newsletter - Up-to-date information on Workers' Comp and Social Security News
Workers Compensation and Social Security Disability Attorneys provide monthly newsletter. [PDF]
Description: Monthly newsletter from workers' compensation and social security disability law firm.
November Newsletter, Volume 1, Issue 2 [PDF]
Description: White Plains Workers' Comp and Social Security Disability Attorneys release November newsletter which addresses common myths about social security disability and takes a look at the impact of the economy on the workplace.
NEWSLETTER - Introducing M&M News, our new Markhoff & Mittman Newsletter [PDF]
Description: Learn more about Markhoff & Mittman and how we can help you in our recently released new newsletter.

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Lectures & Presentations:

It's not who but WHAT you know!
Description: SHOULD YOU ALWAYS ASK AN EXPERT? Brian Mittman, Managing Partner of Markhoff & Mittman, PC is not only an Author of 5 Deadly Sins that Can Derail Your New York Workers Compensation Case, but has appeared on radio (Ask an Expert on WFAS 1230) and is a faculty lecturer for Lorman Education and www.lawline.com

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Forms:

THE NEW EC-4NARR ELECTRONIC WORKERS COMPENSATION MEDICAL FORM
Description: ANOTHER STEP TO "HELP" IMPLEMENT THE 2007 NY WORKERS COMPENSATION REFORMS: Instead of filing the Doctor’s Initial Report (C-4) and Doctor’s Progress Report (C-4.2) forms, health care providers may file the Doctor’s Narrative Report (EC-4NARR) to report both the initial and continued treatment, however, a narrative attachment must be included with the form which provides all the additional information which otherwise would be provided on the other forms.
FORM: INSTRUCTIONS FOR FILLING OUT THE REVISED C-2 EMPLOYER REPORT OF WORK RELATED ACCIDENT OR ILLNESS [PDF]
Description: YOU MUST KNOW HOW TO FILL OUT THE FORM OR RISK SERIOUS RESULTS. If you do not properly fill out the employer claim form, or if your employer does not properly fill this out, then you may have serious repercussions. Employers could face civil and criminal penalties; employees could forefit benefits!
FORM: REVISED C-2 EMPLOYERS REPORT OF WORK RELATED INJURY OR ILLNESS - MUST BE USED BY 1/1/2009 [PDF]
Description: NEWLY REVISED FORM! Employers are required to report an injury or illness for an employees work related accident or illness. This newly revised form, along with the newly revised employee claim form (C-3) and medical forms (C-4) is designed to implement the New York State Workers Compensation Reforms of 2007. This must be used by 1/1/2009
FORM: LIMITED RELEASE OF HEALTH INFORMATION C-3.3 [PDF]
Description: BE CAREFUL OF WHAT YOU SIGN - the new and revised claim forms in New York State Workers Compensation require an injured worker to fill out a lengthy C-3 Employee Claim form that also requires the claimant to under certain circumstances to file a release of medical records that could greatly effect the claimants right to collect workers compensation benefits!
FORM: INSTRUCTIONS FOR FILLING OUT THE REVISED C-3 EMPLOYEE CLAIM FORM [PDF]
Description: Important changes to claim forms in the New York State Workers Compensation system! This instruction form is extremely important in helping you properly fill out the revised C-3 EMPLOYEE CLAIM FORM. Failure to fill this form out properly could jeopardize your rights!

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Attorney "Of Interest":

2008 Form Changes
Description: Overview of newly proposed c-2 c-3 c-4 forms for workers' compensation - letter sent to Executive Director of Workers' Compensation Board

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General:

Learn more about Markhoff & Mittman and how we can help you in our recently released newsletter. [PDF]
Description: December Newsletter, Volume 1, Issue 3
Living with Rheumatoid Arthritis [PDF]
Description: A look at the chronic autoimmune disease, rheumatoid arthritis, and one woman's story of getting involved with The Arthritis Foundation and being in remission for the first time in eight years!
Top 10 Reasons Injured Workers Retain Attorneys
Description: Deciding whether or not to hire a workers' comp attorney? Take a look at the top ten reasons injured workers hire attorneys as identified by an attorney who has seen his share of worker grievances.
New Book Helps Injured Workers Protect Their Rights
Description: New York Attorney Brian Mittman's New Book, "5 Deadly Sins That Can Derail Your New York Workers Compensation Case -- Avoid Them and You May Have a Shot at Receiving Benefits!," Helps Injured Workers Understand Their Rights and the Obstacles They Face When Dealing with Insurance companies, the Workers Compensation Board, and Employers
New York General Municipal Law, Article 10, Section 207-c Payment of Salary, Wages, Medical and Hospital Expenses of Policemen with injuries or illnesses incurred in the performance of duties [PDF]
Description: New York General Municipal Law, Article 10, Section 207-c Payment of Salary, Wages, Medical and Hospital Expenses of Policemen with injuries or illnesses incurred in the performance of duties.

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