Tuesday, August 21, 2007

How Disability is Defined, the SSA Way

Are you wondering about the term "disability" and how it is really defined? Each of us may have an individual concept of disability and who are those that can be considered disabled and those who cannot be noted as one.

However, if you and all the others think that your idea of the definition of disability is the same as that of the Social Security Administration's then you might have to reassess your thoughts.

The Social Security Administration or SSA is the implementing agency of the Social Security Act. One of its essential tasks is setting official definitions and determination of disability.

In order to present a general context on the definition of disability, throwing significant light on a couple of longstanding myths concerning its meaning is in order.

First, SSA does not have a policy granting that only "totally disabled" persons can be eligible to obtain disability benefits. To set this myth straight, people have to realize that "totally disabled" may be an artful term used by society, but the SSA does not use such term as their definition of disability.

Even if you were to ask, about a hundred doctors to define "totally disabled" you would probably get various differing answers. However, more would define that a person who is totally disabled is a person who has lost the ability to function in any way.

Generally, for you to become eligible to apply for social security disability benefits, the SSA does not require that you not be working in any way. On the other hand, this condition does not mean that you need to be physically or psychologically incapable of functioning.

Secondly, it is not true that you have to be "permanently disabled" in order to become eligible for social security disability benefits.

"Permanently disabled" is another artful term used by society but not used in anyway by SSA to define disability. A doctor, in supporting a patient's disability benefits claim usually states that the patient is permanently disabled.

However, it is a fact that most people applying for benefits under the Social Security disability program are not actually permanently disabled. Even if it were true, it is yet too early to ascertain if a middle-aged person would be able to work again before they reach the age of 65.

To clarify matters, wholly, the SSA does not call for you to become permanently disabled. In all actuality, it has never been an issue at all in SSA whether a person's disability is or can become permanent.
So what is indeed the definition of SSA and its policy regarding disability?

Basically, the SSA and the federal law, as cited in the 42 U.S.C. §§ 423(d)(1)(A) and 1382c(a)(3)(A) 42 U.S.C. §§ 423(d)(1)(A) and 1382c(a)(3)(A) defines disability as the incapacity to work or become involved in any kind of "substantial gainful activity" due to any mental or physical impairment. This impairment must be determined or diagnosed by medical authorities and could be expected to lead to death or might last continuously up to 12 months.

This definition debunks all myths claiming that disability needs to be total and permanent. You can be eligible for disability benefits once your impairment as diagnosed by doctors has prevented you to work for 12 months and more already.

It is time to reassess your case now and reinforce your disability benefits claims.

http://www.articlebin.com/view-How_Disability_is_Defined__the_SSA_Way-67987.html

The Inside Story of Train Accidents

The American society has continuously seen many developments concerning forms of transportation. However, long before the other forms of motorized vehicles had appealed to the masses, the train has been a longstanding mode of cargo and human transportation.

Trains were once powered by steam engine. In 1862, when President Abraham Lincoln signed the Pacific Railroad Act, promoting the train as a main mode of transit for the masses. The Pacific Railroad Act paved the way for constructing the transcontinental railroad. This ultimately became the link for California to become part of the rest of the United States.

By 1865, considered the "golden age of railroads," there were no other forms of transit but the trains. Half a century would pass by without any other kind of vehicle challenging the railroads.

As the society advanced, though, and new forms of transportation were borne out of technological advances like diesel engines, the steam engine powered trains retired by 1970.

However, with the Rail Passenger Service Act of 1970, Amtrak was introduced to take charge of intercity railroad passenger services.

Even during the advent of many years, the train is still largely considered as a reliable form of mass transit. Most public commuters find it easier and quicker to ride in trains in getting to their area of destination. The increasing of population has also become a factor for the need of expanded types of mass transportation. The train fills up this requirement.

Millions of Americans rely on traveling by train as their necessary form of transport. They rely on train travel for their daily commute from home to work and vice versa.

Sadly, along with the longstanding history of trains are the tragedies that result from accidents in the railroads, collisions and other factors. According to authority institutions, about 3,000 train and / or railroad accidents occur annually. Along with this, the fatalities amount to 1,000 people being killed because of train accidents.

What could cause such devastating accidents?

Usually, the main causes of accidents involving trains and railroads are defects in the railroad tracks, mechanical failures, improperly loaded cargoes or much too heavy loads of cargo, negligence on the conductor's part and other human errors.

The National Transportation Safety Board studied the human factors involved in the occurrence of train accidents. Since 2001, NHTSA did investigations on about 29 accidents on railroads that involve train collisions and derailments.

The investigations turned out that most of the accidents happened due to the following human errors:

- Failure of train crews in abiding by the "train control signals."
- Failure to follow the operating procedures involved when in non-signaled or dark areas.
- Failure to observe the other definite operating rules like returning the track switches to their normal positions after they have completed their tasks at the track sidings.

Other human performance failures includes improper positioning of switches, loss of "situational awareness", usage of "after-arrival track warrants" when in dark terrains, usage of mobile phones, fatigue and other medical conditions.

http://www.articlebin.com/view-The_Inside_Story_of_Train_Accidents-67992.html

Applying for Disability Benefits? Let the Battle Begin!

Ever since our childish squabbles with bullies in our schools, we have known that it is quite difficult to launch a battle with someone bigger than we are. However, if we look back in the pages of history, even in mythological stories and fairy tales, we can learn a thing or two about fighting epic battles.

In these stories, the anti-hero is usually portrayed as bigger and much better equipped. Still, the heroes, who are oftentimes diminutive and has no capacity to obtain good resources, won the battles. What made them win? Because of their hearts and souls did not accept failure or losing. They faced their enemies and predicaments with strength of determination. In the end, they prevailed.

In cases of our real life struggles, perhaps we can learn a thing or two about the stories we have enjoyed in youth.

One of the biggest life challenges being faced by most people in America is the battle to claim benefits under the Social Security Disability program. The Social Security Administration (SSA) is the venue of daily epic battles occurring between claimants and the administration itself.

What is the prize awaiting? The Disability benefits, of course.

The usual scenario of the battle is when you acquire a mental or physical impairment, diagnosed by the doctors and becomes the cause for your incapacity to work. Thus, you submit an application to the SSA for disability benefits. The fact is that, you know you have the right to do so since you had never failed to pay your dues to the government.

You might have thought that it would not take that long and before you know it, and you will begin to avail of the benefits to tide you over, since you do, are not receiving income anymore. However, the time comes when you feel your resources beginning to drain down.

Later on, as more months pass by without any advice from the SSA, you just kept your hopes up and reaffirmed your faith that SSA is your ally.

When you finally receive a notice from the SSA however, the reality slaps you in the face. Your claim is denied, with enough official terminologies conclusively saying that you are not really disabled and that you are not qualified to receive benefits.

Now, you are finally realizing that it is not a question of alliances. It is a battle between you, a humble citizen among millions and the federal government, the seemingly invincible force working against your favor.

However, it is important to note down the policies of SSA on appeal rights and disregard the "final and decisive" tone of the denial.
If we are to recall most of the past epic battles, remember that one of the factors why you have enjoyed it is because the ones you thought were weak are the ones who prevail over the unconquerable.

Thus, in your own epic battle with SSA and the federal government for your right to claim disability benefits: unwavering perseverance.

Be aware that around 75% of those who applied for disability benefits will be initially denied. However, if you decide to become a part of half of this percentage, which give up and do not appeal, then you might become a miserable loser. If you decide to be an applicant to persevere and push on with their claim even up to an Administrative Law judge hearing , then the odds is that you will obtain what is rightfully due you by the government.

Your case will go down into history along with the other triumphant victories.

http://www.articlebin.com/view-Applying_for_Disability_Benefits_Let_the_Battle_Begin!-67997.html

Personal injury lawyer New York: dedicated to resolve your case

Life is full of uncertainties as a person is always a subject to an accident or an injury. These days, one can come across many accidents on the expenses of others. It can be just a bad experience for the guilty person but for the victim it is a lifelong pain. Injuries get healed but they leave discontent of injustice in the mind of the victim. If you are one of them, who has suffered a lot due to any personal injury then you can better understand that discontent of injustice. Fighting for justice is the only way to get back the peace of mind, if you reside in New York or nearby place then personal injury lawyer New York can be the biggest help for you.

Injuries either external or internal, takes time to get cured but satisfaction of getting the justice can lessen that time. Through a rough patch of injury you need someone to walk by your side as you and your whole family is affected by the trauma. A personal injury lawyer New York can be your best friend in your tough time that makes you feel comfortable by paving the way to justice and contentment. You can hire a personal injury lawyer New York, as he is beneficial in soothing your hurt emotions. It may be bit difficult to develop confidence in someone you do not know but a sensible market research can make it easier. It is always advisable to consider the previous track record and success rate of the lawyer before hiring. Excellent track record and expertise of a lawyer assures you apt justice.

For searching a personal injury lawyer in New York, you can also take help of internet as most of the lawyers have their own websites. In a situation when you cannot take much stress in searching for a proficient lawyer it is the most convenient way to check out the list highest rated lawyers. On web you can also get information about their past record. Once you choose the most reliable lawyer for fighting your case you can move ahead and can file a claim for your injury. He will be a perfectionist in accomplishing all legal formalities, such as filing cases and preparing arguments for fighting. After filing the case you can be free all hassles as your personal injury lawyer New York will ease them out.

Now the whole issue comes to a crucial point and that is charges of your personal injury lawyer in New York. This may be thing that can bother you but with personal injury lawyer you can be very comfortable with charges also. Absolutely, a personal injury lawyer New York is paid on a contingency basis when handling personal injury, personal property damage cases. This means that you will not have to pay any legal fees unless they start any legal process. They charge a very less amount for investigating and maintaining the claim. A personal injury lawyer New York makes full commitment to you and dedicates his resources in favorably resolving your case.

http://www.articlebin.com/view-Personal_injury_lawyer_New_York__dedicated_to_resolve_your_case-68301.html

Expertise Criminal Defense Lawyers

Criminal defense lawyers are experts specialized in handling criminal cases of different ranges. Criminal defense lawyers are lawyers whose profession is based on providing essential services to the people who are considered as accuse or criminal under the court of law. The basic purpose of hindering the service of the criminal defense lawyer is that, the criminal defense lawyer will argue the points with regards to various laws and sections created to serve the people against the criminal cases. Criminal lawyers are categorized under different sections and classifications.

people when arrested for any of their criminal actions such as murder, rape, theft, sex crimes, domestic violence, kidnapping, hit and run and many other criminal cases, they will be proceeded under the court of law. Under such case, the criminal defense lawyer will argue for the criminal and provides them services. Criminal lawyers provide more essential services to the people around the world. Criminal defense lawyers are considered to be more important and essential and also fetch more demand among the people.

Nowadays, criminal defense lawyers are required in more number, because the crimes have been increased in large number. The price consideration paid for each criminal defense lawyers will vary as per the popularity and fame and successfulness created for the person. Criminal defense lawyers offers the service to the public for a reasonable price consideration to enable them not be offended by the court without any wrong doings. There are cases were people may be arrested in the court of law for non-performing of wrongful act.

In such cases, the criminal defense lawyers will provides service to the people by attending the case for them in the court and makes argument and enable the people to come out from the case. Today, criminal defense lawyers are required for each and every activity performed by people. Criminal lawyer is someone different from other professionals. Criminal lawyers are one who is specialized in analyzing, inspecting and examining the criminal cases undertaken by him. Criminal lawyer may argue for either the plaintiff or for the defendant.

As per the lawyer interest and request of the people, criminal lawyers precede his functionality in the court of law. The features of each criminal lawyer differ from individual to individual as per their state and county. Criminal lawyers come up with wide responsibility. The involvement of criminal defense lawyer may provide positive or negative result for the criminal case taken. Criminal defense lawyers provide their service either in individuals or in groups or team. The argument of each criminal lawyer may differ as per their statutes and laws of the state court.

http://www.articlebin.com/view-Expertise_Criminal_Defense_Lawyers-68725.html