New Mexico Attorney Blog
Posts Tagged ‘new mexico’
Friday, January 29th, 2010
In automobile accidents, it is often the case that a family member was at fault. This scenario is especially true when there are multiple occupants in a single-vehicle accident. Take a typical case, for example. Husband and wife go to a party. Husband is driving. He has maybe had a few too many drinks, and runs the car off the road, severely injuring wife. Wife should be entitled to recover for her injuries, right? The only problem is that if wife sues husband, she isn’t going to get any money that isn’t already hers, is she? So why should wife bother with suing husband, since in most cases, husband’s assets are commingled with wife’s assets?
In a case like the one just mentioned, attempting to make a money recovery from a family member or a loved one shouldn’t necessarily be dismissed off hand. Many times, when a family member injures another family member, the injured person feels as if she is unable to recover for her injuries. This is simply not the case. Often, the injured family member can recover from the insurance owned by the responsible family member. Some of these cases may require a lawsuit to enable recovery. So, just because you were injured by a family member doesn’t mean you can’t recover money for your injuries.
If you have been injured in an automobile accident, whether by a family member or not, you should act quickly, as you must file any legal action within a certain period of time to protect your claim. You may need to contact an attorney quickly, as your time may be running out. Our team of attorneys routinely handles automobile accident cases and is ready to serve you.
Tags: Attorney, new mexico, Personal Injury
Posted in Personal Injury Law | No Comments »
Monday, January 18th, 2010
So, you show up for work as you have thousands of times before, and out of nowhere it happens…you get injured. No big deal, right? In some situations, it may not be a big deal, but for many, suffering a work-related injury can be a life-changing experience, bringing about financial and employment uncertainty.
Many workers in New Mexico often make the mistake of believing that a work-related injury is essentially no different than suffering any other injury—for instance in a car accident. While the injury may be the same, the legal ramifications differ significantly.
For example, work-related injuries and the benefits/responsibilities associated with that injury are heavily governed by statute (New Mexico Workers’ Compensation Act). This can prove to be a double-edged sword for an injured worker. On one hand it provides essential and valuable benefits to the worker, but on the other, places significant responsibilities on the worker that must be strictly followed in order to ensure proper recovery of benefits. Failure to comply with these guidelines can bar an injured worker’s entire claim.
While the New Mexico Workers’ Compensation Act can be complex and daunting, there are some pretty basic requirements, every injured worker should know. If you are injured at work, follow these simple tips, and in most cases (I pause and emphasize most!) your worker’s compensation claim will run smoothly ensuring you receive the maximum benefits you are entitled to under the law.
So lets jump in…
- Emergency Care. If your injury requires emergency care, always get the necessary treatment first and foremost. You do not have to receive authorization from your employer prior to receiving emergency care.
- Notice. NOTICE, NOTICE, NOTICE. In case I wasn’t clear, notice is critical. The law requires you to notify your employer in writing within 15 days of the time you know or should have known you suffered a work-related injury. Typically, this is accomplished by the worker completing a Notice of Accident (NOA) form (form 52-1-29 NMSA). This form should be posted at your workplace. If not, ask your employer for one, or contact your local WCA office. The NOA form is a report by the worker notifying your employer that an accident has occurred at work, and states the date, and a general description of the accident. If a NOA form is not available, at the very least, talk to your supervisor and give notice of the accident orally, making clear that you were injured at work, and the circumstances surrounding the accident. This is the biggest mistake injured workers make– failure to properly give notice.
- Selection of Health Care Provider (HCP). Once you have given notice, wait for you employer (or their workers’ compensation insurer) to instruct you as to which doctor they have authorized you to see. In some circumstances, your employer may allow you to choose your doctor. In either situation, that selected doctor will be considered an authorized health care provider. It is imperative that you do not seek medical attention from an unauthorized health care provider, as this will only create problems. Additionally, once the treating physician is selected, do not change unless you are authorized to do so by your employer/insurer.
- Doctor’s Report. Your authorized HCP should give you instructions concerning your ability to return to work. In some situations, you may require days or even weeks off. In others, you might get a full release to return to work, or even a release to return but with restrictions. Regardless, you must provide your employer with a report indicating the doctor’s recommendations on return to work.
- Return to Work. It is critical that you follow your treating physicians recommendations, including complying with any restrictions. However, as a goal, you should always seek to return to work as soon as possible, as you will always earn more income working, than you will earn in worker’s compensation benefits.
- Good Communication. If your injury requires time off from work, it is always a good idea to stay in good communication with your employer. Make sure your employer has proper documentation from your physician if you are required to take time off. Do not just not show up and assume they know you are hurt! Additionally, check in occasionally and make sure your employer is updated as to your condition and plans to return to work. Often times, workers fail to communicate effectively with their employers concerning their condition, which can lead to problems including loss of employment.
Obviously, this list is greatly simplified, and there can always be other factors that must be considered. But for the most part, an injured worker who follows these guidelines will ensure his/her claim will not be denied due to failure to comply with the New Mexico Workers’ Compensation Act.
Tags: Attorney, new mexico, Workers Comp, Workers Compensation
Posted in Worker's Comp Law | No Comments »
Tuesday, January 5th, 2010
Many people who have applied for disability benefits do not understand the difference between Social Security Disability and SSI (Supplemental Security Insurance) benefits. Many people that I talk to do not know what program they have applied for. The majority of the time if you have submitted your application with a local social security office then the claims processor will automatically have you apply for both programs. If you have submitted an application online, you have only applied for Social Security disability benefits because you cannot apply for SSI through the internet.
The reason you want to apply for both programs at the application level is because it is not always clear at that point which program you will fall under and there are some circumstances where you can qualify for both Social Security disability(SSD) and SSI.
There are many differences between Social Security Disability and SSI all of which I cannot cover in one post, but the primary difference between the two concerns how you qualify for them financially.
You are financially entitled to Social Security disability benefits if you have worked in the past and paid into the Social Security Administration through the years. This will typically be referred to as whether or not you have enough “quarters”. For most people the best way to know whether or not you have enough quarters is to look at the tri-fold pamphlet that social security sends out once a year giving you a summary of your benefits. On the inside flap of the social security pamphlet it will give you an estimate of what your disability benefits will be if you become disabled. If there is an amount in that section, then you have enough quarters. If there is no amount in that section then there likely will be a footnote at the bottom saying that you do not have enough quarters.
You can think of Social Security disability benefits being similar to car insurance. For each paycheck you receive a portion goes to social security, which you can think of as the insurance premium. When you have paid the insurance premium (paid social security) there is a benefit available to you if something goes wrong (you become disabled). However, if you fail to pay your premium (don’t work) then there will be a time when the benefit is cut off and you no longer have enough quarters. Many people make the mistake of assuming that if they have paid into Social Security then the disability benefit will always be there. That is not the case at all, which is why it is very important to apply for disability benefits as soon as it becomes clear you are not going to be able to work for at least 12 months.
If you do not have enough quarters to qualify for Social Security disability then SSI is your only option. SSI is intended to be a benefit for those that are disabled but yet do not have enough quarters. From a financial standpoint you qualify for SSI based on need. You must have a very limited income and limited resources (Individuals: $2,000; Couples: $3,000). SSI is very much like a welfare system based on disability.
Generally if you qualify for Social Security disability benefits then you will not qualify for SSI benefits, because the Social Security disability benefit is usually more monthly income than SSI will allow. However, if your disability check is less than $700 a month then you might also qualify for some SSI.
Tags: claims processing, disability, new mexico, Social Security
Posted in Social Security Law | No Comments »
Tuesday, January 5th, 2010
The definition of “disabled” as used by the Social Security Administration means that your medical condition must have prevented you from working for the past twelve months or social security must be able to conclude from your medical records that you will not be able to work for twelve months.
Your disability does not have to be considered permanent to be found disabled. Once on disability, if your medical condition improves to the point where you can return to work, you must notify the Social Security Administration at which time your disability benefits will be cut off. Everyone that is on Social Security disability or SSI will have their claim reviewed from time to time. In New Mexico it seems as though the majority of cases are typically reviewed every three to five years.
When the Social Security Administration is evaluating your disability and your ability to work, they will first look to the jobs you have had the past fifteen years. If they determine that you are capable of performing any of those jobs, your claim will be denied. This is why in the initial application, the Social Security Administration will ask you to give them information about jobs you have performed in the past 15 years.
If social security determines that you cannot perform any of your past work, they then will consider whether you are capable of performing other types of work. This means other types of work that you could reasonably do based on your age, education, transferable skills, and medical limitations.
If social security determines that you are not capable of performing your past work or “other work” then you will be considered disabled. Once you are determined to be disabled from a medical standpoint you will be entitled to disability benefits as long as you meet the financial requirements for either Social Security Disability or SSI. Stay tuned for a post on that discussion.
Tags: claims processing, disability, new mexico, Social Security
Posted in Social Security Law | No Comments »
Tuesday, January 5th, 2010
There are three ways to submit an application for Social Security Disability or SSI benefits:
1) You can apply in person at your local Social Security office. You will need to have an appointment, so you should call ahead and tell them that you want to schedule an appointment to apply for disability benefits.
2) You can apply over the phone. Again, you will need to call and schedule an appointment and your local Social Security office will set up a phone interview with you.
3) You can apply on the internet at http://www.ssa.gov/applyfordisability/.
If you are applying on your own I would suggest that you choose option number 2 and apply over the phone. The main reason I say that is because on every application there is a section where the Social Security claims processor can make observations about the claimant. If you are applying over the phone, the claims processor is not able to observe you and as a result will not make “observations” about you that might hurt your case. In the long run, this may not be a big deal but anything you can do to avoid bad information getting into your file is a good idea.
There is also nothing wrong with applying on the internet. However, keep in mind that it takes a considerable amount of time and you must be very thorough. The online application gives you the opportunity to log out and save your information so you can complete it at your own pace and in several different sittings if you so desire. You will not be able to apply for SSI benefits online so you will have to do that either in person or on the phone. Stay tuned for further blogs describing the difference between Social Security Disability and SSI (Supplemental Security Income).
No matter how you apply, you must have the information listed below to complete an application:
1) Medical information including name, address, and phone number of all doctors, hospitals, and clinics you have been to.
2) An original or certified copy of your birth certificate.
3) If you were in the military service, the original or certified copy of your military discharge papers for all periods of active duty.
4) If you worked, your W-2 Form from last year, or if you were self-employed, your federal income tax return.
5) Workers Compensation information including proof of payment amounts.
6) Social Security Numbers for your spouse and minor children.
7) Your checking or savings account number, if you have one.
8) Name, address, and phone number of a person Social Security can contact if they are unable to get in touch with you.
9) Kinds of jobs and dates you worked in the 15 years before you became unable to work.
In some instances I do take cases at the initial application level. If you are looking for a New Mexico Social Security disability attorney give us a call and we can help you work through the difficult Social Security disability process.
Tags: Attorney, disability, new mexico, Social Security
Posted in Social Security Law | No Comments »
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