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Disability Law

The New York Disability Law Blog

Information, help and support for disabled individuals with long term disability, social security disability and workers' compensation claims.
By Turley, Redmond & Rosasco, LLP

Post Frequency: 0.7/day

Last Entry: March 30, 2011 at 19:34:51

Judge Robert E. Beloten Appointed New York Workers Compensation Board Chairman

Posted on July 02, 2009
When I first started practicing workers' compensation law in the early 1990's at the Hempstead, NY hearing office, Robert (Bob) Beloten was one of the sitting Workers' Compensation Law Judges. In many ways, I was very "green" and needed some guidance on how things "really worked" at the WCB...

NY Independent Medical Examiners (IME's) and Fuctional Capacity Evaluators (FCE's) Subject to Medical Malpractice Lawsuits on Disability Claims

Posted on July 01, 2009
How many times has one of your clients told you the IME or FCE physically hurt them during the course of a so called "independent medical exam" or "functional capacity exam"? What if the injury is permanent? Can they sue the IME doctor or physical therapist for medical malpractice? According to a sharply divided NY Court of Appeals, the answer is "Yes"...

New Workers Compensation IME Rule May Stop Brokers from Altering Reports in New York

Posted on June 29, 2009
Adding to an increasingly positive legacy, outgoing NY Workers' Comp Board Chairman Zachary S. Weiss has left injured workers a major tool to combat insurance company IME (independent medical exam) fraud in NY. As I explained in a WorkersComp Central article discussing the new IME rule, IME "brokers" will no longer be able to have "secret" conversations with IME doctors regarding the results of their reports...

NY Workers Compensation Board Chairman to become Social Security Disability Judge

Posted on June 16, 2009
I should have picked up the clues! A few weeks ago I was speaking at the New York Social Security Disability Bar Association Annual Dinner in Manhattan. This is always a great night for the Bench and the Bar break bread and have a few laughs...

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Ground Zero Worker Daniel Arrigo Waits for Workers' Comp - Rosasco Says Sadly Familiar in Workers' Comp Central Article

Posted on May 11, 2009
Last week the New York Daily News had an excellent story by Heidi Evans detailing the battle 9/11 responder Daniel Arrigo has gone through to obtain his workers' compensation benefits. Here we are - nearly 8 years since the World Trade Center tragedy - and insurance companies are now to fighting 9/11 workers comp claims harder than ever as the spotlight has shifted from terrorism to the economy...

Winning LTD Claims at the Initial Application Level: Troy Rosasco to Lecture at NOSSCR Disabitlity Lawyer Conference in Washington DC

Posted on April 23, 2009
I will be speaking at the NOSSCR Disability Attorney Conference on May 13, 2009 in Washington, DC on the topic of: Winning Long Term Disability Claims at the Initial Level. As those of you who read this blog regularly know, I am a big ( must do, mandatory, stupid if you don't) proponent of at least consulting with a long term disability lawyer prior to filing for LTD on your own...

Third Installment of New York Times Article on Workers' Compensation is Weakest Yet

Posted on April 02, 2009
Yada Yada Yada! The final installment of the NY Times series on the New York Workers' Compensation system is much like the first installment - a regurgitation of anecdotal pablum with quotes from disgruntled workers and employers...

Second New York Times Article on Workers' Compensation Closer to the Mark

Posted on April 01, 2009
As you can tell from reading my post yesterday, I was not overly impressed by the first installment of the NY Times series on the Workers' Compensation system in New York. I thought it was high on editorial comment, yet lacking in actual analysis of facts that might lead to to productive solutions...

New York Times Article on Workers' Comp System Disapoints

Posted on March 31, 2009
Today's New York Times article on the NY Workers' Compensation system is a major disappointment given that the paper spent 18 months preparing what is essentially an extended "human interest" story. The article is filled with anecdotal reports of claimant suffering and unsubstantiated editorials masquerading as fact...

New York Times Article on Workers' Comp System Disappoints

Rosasco to Lecture on Workers' Compensation Claims at St. John's Law School

Posted on March 30, 2009
I'll be giving my annual New York Workers' Compensation Law lecture to the St. John's Law School Labor Relations and Employment Law Society this Wednesday, April 1, 2009 at 6:30 PM. My friend David L. Gregory, the Dorothy Day Professor of Law, has asked me to speak on "real world" workers' comp issues to his students for over ten years now...

Rosasco to Receive Clara Lemlich Public Service Award at Triangle Shirtwaist Factory Fire Memorial Dinner

Posted on March 09, 2009
I am humbled to have been selected a 2009 recipient of the Clara Lemlich Public Service Award from the Triangle Shirtwaist Factory Fire Memorial Foundation for my work as Co-Chairman of the New York State Workers' Compensation Alliance. My fellow recipients include Secretary of State Hillary Rodham Clinton, American Federation of Teachers President Randi Weingarten, Injured Workers' Bar Association President Barbara Levine and the Hon...

Congratulations President Obama: Now Please Fix ERISA Disability Claims Law

Posted on January 20, 2009
First and foremost, congratulations to our new President - Barack Obama. His historic election will forever change the way opportunity and entitlement are viewed in the United States. He has tremendous challenges before him, but with our support and shared sacrifice, perhaps we can right this dangerously leaky ship we call America...

Veteran Long Term Disability Insurance Defense Attorney Michael Yoeli Joins Turley Redmond and Rosasco

Posted on January 08, 2009
Michael Yoeli, one of the most experienced long term disability lawyers in the legal community, has joined Turley Redmond and Rosasco as 'Of Counsel". After a distinguished career on the defense side of the long term disability bar, Mike has been representing individuals and policyholders solely since 1998 and has used his prior experience and contacts to obtain several million dollar settlements for claimants against long term disability insurers...

McCauley v. First Unum: A Second Circuit New Year's Gift to NY Long Term Disability Lawyers

Posted on January 01, 2009
Actually, the scathing Second Circuit decision in McCauley v. First Unum Life Ins. Co., 2008 U.S. App. LEXIS 26094 (2nd Cir., Dec. 24, 2008) came down this past Christmas Eve. But why quibble with form over substance when heralding this ground-breaking, pro-claimant decision interpreting the Supreme Court's recent decision in MetLife v...

LexisNexis Honors the New York Disability Law Blog as a "Top 25" Workers' Compensation Lawyer Blog for 2008

Posted on December 29, 2008
The Lexis Nexis Workers’ Compensation Law Center Powered by Larson’s recently announced the 2008 honorees for the LexisNexis Top 25 Blogs for Workers’ Compensation. The New York Disability Law Blog, published by Turley, Redmond & Rosasco, LLP, was selected as a 2008 honoree...

Merry Christmas and Happy Holidays 2008 from NY Disability Attorneys Turley, Redmond and Rosasco !

Posted on December 23, 2008
At this festive time of year, when so many of us are struggling in economic despair, let us not forget all that we still have. In the spirit of the Christmas season, let us try to put aside our worries, if only for one day, and rejoice for the things that matter most - the happiness and health of our families...

Merry Christmas and Happy Holidays 2008 from NY Disability Attorneys Turley, Redmond and Rosasco !

Wal-mart Now Under Criminal Investigation by Nassau DA Kathleen Rice for Worker Stampede Death

Posted on December 15, 2008
Nassau County District Attorney Kathleen Rice must have been reading the New York Disability Law Blog recently when we were the first to call for a criminal probe of Walmart's role in causing the death of it's employee, Jdimytai Damour. As reported in Newsday, this aggressive prosecutor is willing to use the power of her office to place a bright light on worker safety AND employer responsibility...

New York Workers' Compensation Law Will Prevent Lawyer from Suing Wal-Mart Directly for Negligence

Posted on December 05, 2008
It has now been one week since the sad death of Walmart worker Jdimytai Damour, and of course, this being New York, the lawsuits are already flying. One attorney has filed a lawsuit for the family against Walmart in the Bronx (where else!) claiming Walmart was "careless, reckless and negligent"...

Walmart Criminally Responsible for "Door-Buster" Sale Worker Death?

Posted on November 29, 2008
Photos courtesy of Newsday In the wake of yesterday's Black Friday Walmart tragedy, one's first reaction might be to blame the alleged "savages" who trampled the innocent Walmart worker. However, in reality, it was Walmart's greed and disregard for it's own workers' safety that caused the preventable death of Jdimytai Damour...

Compassionate Allowances for Social Security Disability Claims

Posted on November 26, 2008
The Social Security Administration has recently developed a new procedure for handling disability claims from claimants with the most severe and disabling conditions. The new procedure allows decision-making on these claims to be "fast-tracked" (not necessarily approved) given the current Social Security backlog...

Wild West Medicare Open Enrollment Starts Tomorrow for Social Security Disability Recipients

Posted on November 14, 2008
Tomorrow begins the "Wild West" Medicare plan open enrollment period for Social Security disability recipients. Social Security disability recipients entitled to Medicare can change their Medicare Advantage plan and Medicare Part D prescription drug coverage plan between November 15, 2008 and December 31, 2008...

Unum, America's Largest Long Term Disability Insurer, Found Guilty of Social Security Disability Fraud

Posted on October 24, 2008
Today's NY Times reports that a federal jury in Boston has found Unum, the nation's largest long term disability (LTD) insurer, committed fraud by requiring it's customers to apply for Social Security disability (SSD) benefits, even though they knew they were not eligible...

Rosasco Attends NOSSCR Disability Lawyer Conference in LA

Posted on October 23, 2008
I had a great time at the NOSSCR Social Security Disability law conference in Los Angeles last week. I actually had a chance to chat with Social Security Commissioner Michael Astrue down at the pool. This is a very bright guy, and in my opinion he is moving the agency in the right direction...

Long Island Rail Road Disability Claim Scandal Widens

Posted on October 10, 2008
According to an article in Newsday today regarding the LIRR disability retirement scandal, Attorney General Andrew Cuomo has now issued subpoenas to four long term disability insurance companies and five Long Island doctors who predominately examined LIRR workers...

9/11 Remembered: New York's Most Tragic Workers Compensation Accident in History

Posted on September 11, 2008
As the New York Disability Law Blog has done since its inception, today we pay respects, on the seventh anniversary of 9/11, to the families of all those killed or injured in this devastating terrorist attack. I truly hope one of our presidential candidates finally chases Osama Bin Laden to "the gates of hell"...

Social Security Commisioner Michael Astrue Issues Important Statement on Disability Claim Backlog

Posted on July 31, 2008
Eliminating the backlog of Social Security Disability claims is a moral imperative, according to a recent report issued by SSA Commissioner Michael J. Astrue to Social Security lawyers throughout the country. We agree! Too many disabled Americans are suffering financially while they wait for a Social Security hearing...

Social Security Commissioner Michael Astrue Issues Important Statement on Disability Claim Backlog

Good Morning America Reports on CIGNA Disability Insurance Claim Denials

Posted on July 02, 2008
Good Morning America continues to report on the horrors that claimants experience fighting long term disability insurance companies throughout the country...

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