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Kaplan & Miller, P.A.


Workers Compensation

Consultative Examinations, Generally
Consultative examinations (CE) of a social security claimant are used by the Social Security Administration (SSA) when the claimant's medical evidence is insufficient to determine the claimant's disability, or lack thereof. Although the claimant's treating physician is the preferred source of medical evidence, there are instances where a medical examination from an independent source is necessary. These include situations where the treating physician is unwilling to perform the examination, there are inconsistencies in the claimant's file that cannot be resolved by consulting with the treating physician, the claimant himself prefers an examination by a source other than his treating physician with good reason, or prior experience in dealing with the treating physician indicates that he may be unable to effectively provide the necessary service. More...
Injury While in the Course of Employment
Workers' Compensation Eligibility More...
Supplemental Security Income Continuing Disability Reviews
Supplemental security income benefits are payable to persons who are age sixty-five or over, disabled, or blind. If the individual's benefits are instituted based on a disability or blindness, the Social Security Administration (SSA) will conduct Continuing Disability Reviews (CDR). The purpose of these reviews is to verify that the individual remains disabled or blind. If he is not, the payment of benefits will cease. More...
Post-Employment Injuries
Though it would seem to be antagonistic to the principle that an injury must arise out of the employment to be compensable, some injuries that occur post-employment are still compensable. Depending on the situation, some activities occurring post-employment are considered by the courts to be normal work activities. For example, injuries incurred while picking up a paycheck, exiting the work premises, and collecting belongings from the employer's premises have all been held to be compensable provided that such activities are undertaken within a reasonable time after the employment relationship has ended. More...
Black Lung Benefits Act - Defining "Totally Disabled Due to Pneumoconiosis"
The Black Lung Benefits Act does not provide benefits for a partial disability. Rather, in order to recover under the Act, a miner must be totally disabled as a result of pneumoconiosis. The miner bears the burden of proof to demonstrate that he is "totally disabled due to pneumoconiosis," although this responsibility is somewhat tempered by certain presumptions. More...

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