Kaylor, Kaylor & Leto, P.A.Home | Kaylor, Kaylor & Leto, P.A. | Lakeland, Florida2024-03-14T18:55:30Zhttps://www.kkllaw.com/feed/atom/WordPressOn Behalf of Kaylor, Kaylor & Leto, P.A.https://www.kkllaw.com/?p=478412024-03-14T18:55:30Z2024-03-14T18:55:30ZTransitioning from SSDI to retirement benefits
When SSDI recipients reach full retirement age, their disability benefits convert to retirement benefits. Full retirement age varies based on birth year but is typically 66 or 67. This transition is seamless. Recipients need not take any action to begin receiving retirement benefits. The amount received remains the same, providing a reliable source of income for those transitioning from disability to retirement.
Understanding the impact on benefit amounts
The amount of retirement benefits received upon reaching FRA varies based on the recipient's earnings history and the age at which he or she begins receiving benefits. For some recipients, transitioning from SSDI to retirement benefits may increase monthly payments. This is particularly likely if they delay claiming retirement benefits beyond FRA. However, for others, the amount may remain unchanged.
Continuing Medicare coverage
A notable advantage of transitioning from SSDI to retirement benefits is the continuation of Medicare coverage. SSDI recipients are eligible for Medicare after receiving disability benefits for two years. Upon reaching FRA and transitioning to retirement benefits, Medicare coverage remains in place, providing necessary health care coverage for retirees.
The systems in place for SSDI and retirement benefits can be complex. Exploring available resources and seeking guidance can help people make decisions tailored to their unique financial circumstances.]]>On Behalf of Kaylor, Kaylor & Leto, P.A.https://www.kkllaw.com/?p=478402024-02-27T16:35:40Z2024-02-28T16:34:02ZKnow your rights
First and foremost, educate yourself about your rights as an employee. Understand that it is illegal for your employer to retaliate against you for filing a workers' comp claim. This protection comes directly from state and federal laws.
Report injuries promptly
If you sustain an injury at work, report it to your supervisor or HR department immediately. By documenting the incident promptly, you create a record that can support your claim for workers' comp benefits. Delaying the report might raise suspicions and make it easier for your employer to deny your claim.
Follow company procedures
Follow your company's procedures for reporting workplace injuries and seeking medical attention. Adhering to these protocols demonstrates that you are acting in good faith. Acknowledging established regulations also helps protect you against accusations of misconduct.
Keep detailed records
Keep thorough records of all interactions related to your injury and workers' comp claim. This includes emails, memos, medical reports and any other documentation. These records can serve as evidence in case of retaliation or disputes.
There are an average of 4.9 million workers' compensation claims filed each year, and all of them have protection against employer retaliation. If you file a workers' compensation claim yourself, you can be confident that your job and your right to a settlement are secure.]]>On Behalf of Kaylor, Kaylor & Leto, P.A.https://www.kkllaw.com/?p=478392024-02-13T04:07:45Z2024-02-15T04:06:08ZMedical improvement and continuing disability review
The Social Security Administration periodically assesses whether a recipient's medical condition has improved through a process known as a Continuing Disability Review. These reviews aim to determine if individuals still meet the criteria for disability.
Should the SSA find substantial medical improvement, it may lead to the cessation of SSDI benefits. It is important to stay vigilant about any positive changes in your health, as these can impact your eligibility.
Substantial Gainful Activity
Engaging in work activities that generate income above the Substantial Gainful Activity level can jeopardize SSDI eligibility. The SGA limit serves as a threshold to gauge whether an individual's earnings can sustain a certain standard of living. If your income surpasses this limit, the SSA may cease your SSDI benefits.
You must report any changes in your work status promptly. Failing to disclose such information can lead to overpayment issues and potential loss of benefits.
Improper reporting and non-compliance
Accurate and timely reporting plays a pivotal role in maintaining SSDI eligibility. Failing to inform the SSA about changes in your living situation, income or other relevant factors can lead to complications. Non-compliance with reporting requirements may result in the suspension or termination of benefits.
Regularly reviewing and updating your information with the SSA ensures that your eligibility aligns with your current circumstances, reducing the risk of losing SSDI benefits.
While SSDI provides important support for those facing health-related barriers to employment, recipients must remain vigilant to sustain these benefits. Staying informed and proactive can help individuals navigate potential challenges and maintain the stability that SSDI provides in times of need.]]>On Behalf of Kaylor, Kaylor & Leto, P.A.https://www.kkllaw.com/?p=478372024-01-26T20:53:45Z2024-01-31T20:51:48ZHow overexertion happens
Overexertion occurs when workers strain themselves beyond their physical capabilities. It often leads to muscle strains, sprains and other musculoskeletal injuries. Tasks that require repetitive motions, heavy lifting or prolonged physical exertion are common culprits. These injuries can occur in various settings, from construction sites and warehouses to offices and retail environments.
How overexertion impacts productivity
Overexertion poses risks to individual health and safety. It also takes a toll on workplace productivity. When employees experience overexertion, they may have to take time off work for recovery. This can decrease productivity and increase costs for employers. Additionally, overexertion-related injuries can contribute to long-term health issues. This can further impact an individual's ability to perform his or her job.
How to prevent overexertion
To reduce the incidence of overexertion injuries, employers can implement various preventive measures. Providing proper training on ergonomic techniques and lifting procedures can help employees perform tasks more safely. Employers should also encourage regular breaks. Promoting a culture of open communication regarding workplace safety concerns and investing in ergonomic equipment can also help.
The National Safety Council reports that overexertion injuries were the leading cause of missed work days in the United States in 2021 and 2022, with 1,001,440 employees missing work due to overexertion. Prioritizing workplace safety benefits individual workers, and it also contributes to the overall success and well-being of businesses and communities.]]>On Behalf of Kaylor, Kaylor & Leto, P.A.https://www.kkllaw.com/?p=478362024-01-25T02:55:17Z2024-01-30T02:52:12ZRequest a copy of your file
The first thing to do upon receiving a termination notice is to request a copy of your disability file from the Social Security Administration. This will allow you to review the information they are basing the decision on. Make sure to request the file within a few days of receiving the notice so you have time to review it.
File an appeal
You have 60 days from the date you receive the termination notice to file an appeal. An appeal provides an opportunity to present new evidence and explain why they should not terminate your benefits or why you should still be eligible. This could make the difference in your case determination, potentially allowing you to retain your future benefits.
Collect updated medical records
Work with your doctor to get updated medical records that show your condition has not improved. New test results, treatment notes and letters from your doctor can demonstrate you still meet the criteria for disability benefits.
Getting a termination notice can be alarming but taking proactive steps like requesting your file, filing an appeal and collecting medical records will give you the best chance of keeping your benefits. Staying organized and acting quickly is key to navigating the appeals process successfully.]]>On Behalf of Kaylor, Kaylor & Leto, P.A.https://www.kkllaw.com/?p=478352024-01-16T19:23:22Z2024-01-17T19:23:15Z1. Employment relationship
To be eligible for workers' compensation, you must have an established employer-employee relationship. This means you should be a legitimate employee, not an independent contractor or volunteer. If you receive a regular paycheck, you probably meet this criterion.
2. On-the-job injury
Workers' compensation typically covers injuries that occur while performing job-related tasks. Whether it is a slip, trip or fall at the workplace or an injury resulting from the use of company equipment, as long as the incident happened during the course of your employment, you likely qualify.
3. Timely reporting
Promptly reporting your workplace injury is important. Most states have specific time limits within which you must notify your employer about the incident. Failing to report in a timely manner might jeopardize your eligibility for workers' compensation benefits.
4. Medical treatment
If you seek medical attention for your work-related injury, it strengthens your case for workers' compensation. Make sure to follow the prescribed treatment plan and attend all medical appointments. This not only aids in your recovery but also serves as evidence of the severity of your injury.
5. No violation of company policies
If your injury occurred while violating company policies or engaging in illegal activities, your eligibility for workers' compensation may be in jeopardy. Adherence to workplace rules is important for maintaining your eligibility status.
Understanding your eligibility for workers' compensation is important if you ever get hurt at work. By meeting these criteria, you can navigate the process smoothly and access the support you need during a challenging time.]]>On Behalf of Kaylor, Kaylor & Leto, P.A.https://www.kkllaw.com/?p=478342024-01-04T04:16:44Z2024-01-04T04:16:44ZIncomplete medical records
Ensure your medical records are comprehensive and up-to-date. Incomplete or missing information can result in claim delays and denials. Provide detailed records of your medical history and treatments. Be sure to fully explain how symptoms affect your everyday life.
Missing supporting documents
Accompany your application with supporting documents that strengthen your case. Include letters from healthcare providers, therapists and other professionals. They should describe the nature and severity of your disability and how it affects your life.
Lack of treatment adherence
Your application should demonstrate consistency in following prescribed treatment plans. Failing to adhere to recommended treatments can raise questions about the severity of your disability. Follow medical advice and attend appointments regularly.
Incomplete employment history
SSD eligibility involves both medical and non-medical criteria. Familiarize yourself with the non-medical requirements, such as work credits and income thresholds, to ensure you meet all necessary criteria for approval.
SSD benefits depend partially on your work history. Be accurate and thorough when documenting your employment history. Ensure your application clearly reflects your work responsibilities and the physical or mental demands of your past jobs.
Missed deadlines
Submit your application promptly and respond to requests for additional information right away. Delays in the application process can impact benefit approval. Clear lines of communication with the Social Security Administration could help speed up the process.
More than 3 million people applied for SSD in 2022 alone. By steering clear of these pitfalls, you increase your chances of a smooth and successful application process.]]>On Behalf of Kaylor, Kaylor & Leto, P.A.https://www.kkllaw.com/?p=478332023-12-19T15:31:06Z2023-12-19T15:31:06ZKeep detailed records
When documenting workplace discrimination, maintaining a detailed record of each incident is key. Include specific information such as the date, time and location where the discriminatory behavior occurred. Note any witnesses present and include their contact information. This record serves as a concrete account of the incidents. It also helps form the basis for any future actions or discussions about what you experienced.
Preserve relevant documentation
In addition to personal records, preserve any relevant documentation related to the discrimination. This may include emails or texts that provide more context or evidence of discriminatory behavior. Organize and store these documents in a secure place, as they may serve as valuable evidence down the line.
Seek out witnesses
Encourage witnesses to document their observations. Having multiple perspectives and accounts strengthens your discrimination case.
Keep records confidential
Throughout the documentation process, prioritize the security and confidentiality of all records. Keep physical copies and electronic files in a secure location. Be sure they are accessible only to those with a legitimate need to know.
Per CNBC, 91% of American employees face discrimination at work. Understanding how to document workplace discrimination helps you take proactive steps toward addressing it. It also helps promote a workplace that values diversity, inclusion and fairness.]]>On Behalf of Kaylor, Kaylor & Leto, P.A.https://www.kkllaw.com/?p=478312023-12-08T16:00:25Z2023-12-08T16:00:25ZReport the injury
The first step in the workers' compensation process is to report your injury to your employer. You must do this as soon as possible, ideally within 30 days of the injury or from the time you discover that the injury or illness is work-related. Delaying the report can lead to complications in your claim.
Receive medical treatment
Once you report your injury, your employer will direct you to an authorized medical provider. It is important to note that you must see a provider approved by your employer's workers' compensation insurance, not your personal doctor. The authorized medical provider will evaluate your condition and provide the necessary treatment.
File a claim
Your employer should report the injury to their workers' compensation insurance carrier. The insurance carrier will then file a claim with the Florida Division of Workers' Compensation. You will receive information about your claim and the benefits you are eligible for.
Receive benefits
If the insurance company accepts your claim, you will start receiving benefits. These benefits may include coverage for your medical expenses and a portion of your lost wages if you are unable to work due to your injury. The amount and duration of the benefits depend on the severity of your injury and your ability to return to work.
Return to work
The goal of workers' compensation is to help you recover and return to work. When your doctor determines you can return to work, either in a limited capacity or fully, the insurance company may adjust your benefits or discontinue them.
Workers' compensation benefits are there to support your recovery and return to work. Knowing the process ensures that you take the right steps to secure the benefits you need for a smooth and efficient recovery.]]>On Behalf of Kaylor, Kaylor & Leto, P.A.https://www.kkllaw.com/?p=478302023-12-05T01:40:36Z2023-12-05T01:40:36Z1. Insufficient medical evidence
One primary reason for denial stems from inadequate medical evidence. When applying for SSD benefits, it is important to provide comprehensive documentation of your medical condition. Ensure that your medical records clearly outline the severity and limitations imposed by your ailment.
2. Failure to follow prescribed treatment
Non-compliance with prescribed medical treatment is another roadblock in the approval process. To strengthen your case, it is important to demonstrate that you adhered to the recommended treatments outlined by your healthcare professionals. Failure to do so may raise doubts about the severity of your condition or the effectiveness of available treatments.
3. Inability to prove disability duration
Establishing the duration of your disability is necessary for a successful claim. Some applicants falter at providing a clear timeline of their impairment. It is important to present evidence showcasing the continuity of your disability for at least 12 months or a prognosis indicating a disability of a similar duration.
4. Engaging in substantial gainful activity
Engaging in substantial gainful activity while applying for disability benefits can be a stumbling block. The Social Security Administration defines SGA as work that generates a certain level of income. If you earn above this threshold, the SSA may deny your claims as it suggests a capability to perform gainful work despite your impairment.
In 2022, 8.9 million people received disability benefits. For some, obtaining deserved benefits comes with extra challenges due to appealing a denied claim.]]>