Author Archives: Jay Butchko
What is the RFC Test for Disability?
Basically, Residual Functional Capacity determines if a Social Security Disability applicant can work at any job (steps four and five of a disability determination) and is thus ineligible for benefits. Disability is a relative term. Dentists must have 100 percent capacity in each hand. Truck drivers can get by with less. Likewise, RFC is… Read More »
SGA and SSD: A Closer Look
An inability to work, or more specifically an inability to engage in substantial gainful activity, is one of the key elements of a Social Security Disability claim. Applicants must prove they have certain medical conditions that are disabling (i.e. substantially interfere with at least one everyday activity). But a disability is not just a… Read More »
Work-Related Injuries On the Rise in Florida
The numbers for 2022 are finally in, and they aren’t good. For the first time in more than a decade, the number of fatal occupational injuries rose for the third year in a row. Unsurprisingly, the construction and extraction occupational group had the highest number of fatal workplace injuries. The transportation and material moving… Read More »
Breaking Down an Alcohol-Related Car Crash in Florida
When the number of alcohol-related crashes spiked during the coronavirus pandemic, many experts hoped the increase was a one-off anomaly. Now, it appears the increase is permanent. The number of alcohol-related crashes has increased, and so has the amount of alcohol consumption. These dual increases are especially bad in Florida, which has one of… Read More »
The ‘Reasonably Necessary’ Proof Requirement
To most insurance adjusters, “reasonably necessary” means “cheapest possible.” Likewise, most Claims Examiners, who are basically semi-independent adjusters, don’t consider anything other than the cost when they approve or deny medical bill payment. Cost is one component of the reasonably necessary requirement. But, it’s only one component. At Administrative Law Judge appeal hearings, a… Read More »
Seven Occupational Diseases in Florida
After several years of steady decline, workplace absenteeism is once again on the rise. An occupational disease, many of which are discussed below, often causes absenteeism. Other causes include child care issues, workplace injuries, and transportation issues. If disease-related absenteeism lasts more than seven days, benefits are available that replace lost wages and pay… Read More »
Seven Occupational Diseases in Florida
After several years of steady decline, workplace absenteeism is once again on the rise. An occupational disease, many of which are discussed below, often causes absenteeism. Other causes include child care issues, workplace injuries, and transportation issues. If disease-related absenteeism lasts more than seven days, benefits are available that replace lost wages and pay… Read More »
The Three Types of Negligence in Car Wreck Claims
Driver error causes over 98 percent of the car crashes in Florida. This driver error usually falls into one of the three categories discussed below. Sometimes, driver error is a wrong-place-at-the-wrong-time accident. For example, Sam might answer a call on his cell phone at the same moment Jill steps out into the street. However,… Read More »
Fundamental Elements of a Social Security Disability Claim
Depending on the recipient’s income and a few other factors, the average Social Security Disability benefit is almost $1.500 per month in Florida. That monthly cash, along with automatic Medicaid eligibility, could change the life of a family that includes a disabled person. However, benefit eligibility is not the end of the story. SSD… Read More »
Local Workers’ Comp Fraudster Sentenced in Delaware
A woman who used an alias and a fake Social Security number to obtain disability payments from two employers will spend the next five to ten years in prison. According to court documents, the 57-year-old woman claimed that in 2019 she was hurt from a fall while working at the Family Dollar store. She… Read More »
