Workers Compensation Newsletters
Standard of Conduct for Representatives of Social Security Claimants
Those individuals undertaking to represent a social security claimant, whether an attorney or a non-attorney, must adhere to a certain standard of conduct. In particular, representatives appearing on behalf of a claimant before the Social Security Administration (SSA) must comply with the SSA's Rules of Conduct and Standards of Responsibility for Representatives (Rules of Conduct).
Federal Employers' Liability Act
The Federal Employers' Liability Act (FELA) is not a workers' compensation statute. Rather, it is an alternative avenue by which railroad workers who are injured on the job may be compensated. The FELA allows an injured railroad worker to pursue a negligence action against his employer for lost wages, medical costs, pain and suffering, and permanent and partial disability. Should the injury result in the railroad worker's death, the FELA also authorizes an action by the worker's surviving dependents. The damages recoverable by a dependent include those for pain and suffering, funeral expenses, and that part of the worker's earnings that were actually used to support the dependent. Notably, though, the employee's contributory negligence will diminish any recovery.
Social Security Disability Appeals Process
If an individual disagrees with the decision of the Social Security Administration, an appeal can be taken. In the appeals process, all parts of the decision will be re-examined, including those parts that are favorable to the appellant. A written request for an appeal is required and it must be done within a specified time period. The individual may have a representative aid them in the appeals process. The representative will act on behalf of the individual, but is prohibited from collecting a fee for this service without first gaining permission from the Social Security Administration.
Compensation for Federal Employees
As opposed to state Workers' Compensation Acts, federal employees who receive on-the-job injuries are specifically covered by the Federal Employee Compensation Act (FECA). FECA operates much like state statutes; it outlines a no-fault system that provides federal employees with fixed benefits in exchange for the loss of the right to sue the government. FECA covers both the disability and death of a federal employee, and outlines the types of benefits available to a federal employee in either event.
"Severe Impairment" for Social Security Disability Determination
In order to recover social security disability benefits, an individual's impairment must be so severe as to significantly limit his ability to work. If the impairment is found to be "not severe," the individual will not be considered "disabled." As established by medical evidence, an impairment constituting only a mild abnormality that has only a minimal effect on the individual's ability to work is not "severe." If an individual suffers from more than one impairment, the impact of the combination of the impairments will be evaluated rather than each impairment independent of the other.
