MCV Law Blog
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Iaconis Law Office Merges with MCV Law
I have decided to merge my practice with the law offices of Meggesto, Crossett & Valerino (MCV Law), one of CNY’s most well established and respected law firms.…
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Am I really an Independent Contractor?
A recent study published in workers compensation.com suggest that only 17% of small business purchase the workers compensation insurance that is required. In New York every business with an employee is required to purchase a policy of workers compensation insurance or have an approved self insurance plan. Owners may opt out of the policy but, generally speaking that is not a good long strategy, more about that in a future blog.Business, both large and small often attempt to get around the works …
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SUM Insurance Coverage – What Is It and Why Do I Need It?
SUM coverage stands for Supplemental Underinsured Motorist coverage. Its partner is UM insurance coverage, which stands for Uninsured Motorist coverage. In 1993, the New York State Insurance Department prepared a prescribed policy form for Supplementary Uninsured Motorist coverage. In today’s day and age, a person must do what they can to protect themselves with regard to insurance coverages. Therefore, much consideration should be given to your own policy to make sure that you have sufficient …
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What happens if my treatment is denied in a NYS Workers’ Compensation case?
A common occurrence in a New York workers’ compensation claim is for an injured worker to have treatment denied by the insurance company. There are a number of reasons that this can happen. One reason may be that the case is being challenged by the insurance carrier. This situation generally gets resolved by litigation and depends on whether the law judge establishes a case. Once a case gets established, an injured worker is entitled to causally related, medically necessary treatment. An ins…
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The short answer is, not at first. Personal injury protection, also known as No-Fault, is mandatory on every insured vehicle in New York State. Therefore, your insurance company will pay for your medical and lost wages with certain limitations, up to $50,000 regardless of who is at fault for the accident. More coverage may be available if you purchased additional No-Fault coverage beyond the statutory minimum of $50,000. You must notify your insurance company that you have been in an acciden…
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If I have been injured in a car accident, how do I pay for my medical treatment?
We talked in my last blog that Personal Injury Protection (PIP), also known as No-Fault, is mandatory on every insured vehicle in New York State. Therefore, No-Fault will pay for your medical treatment regardless of who is at fault for the accident. However, there are limitations. No-Fault is only available up to $50,000 unless additional No-Fault coverage was purchased beyond the statutory minimum. You may be covered for medical treatment and prescriptions up to the available limit on the …
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If I have been injured in a car accident, how do I get my lost wages?
As you already know from reading this blog, if you have been injured in a car accident, No-Fault, with certain limitations, will pay your medical bills regardless of fault. In addition, No-Fault will pay your lost wages as well. In order to be eligible for lost wages, your treating physician must determine that you are unable to work due to the injury sustained in the car accident. You must request that your physician fill out a No-Fault form certifying that you are disabled due to the car ac…
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How to Appeal a Social Security Denial
Most initial Social Security Disability claims are denied. If you received a denial you should promptly file your appeal. You should not file a new application, unless the denial was for a technical reason, such as earning over the income limits. The denial notice tells you the steps you need to take to appeal your decision. When your initial claim for benefits is denied, the next step for claimants in most states, is to file a “Request for Reconsideration”. The request for reconsideratio…
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Social Security disability benefits for older workers
In my practice, I meet with a lot of people who get injured and keep returning to work. Some of them do very physical jobs or work on their feet all day. Some of these people will not be able to do their jobs to the Social Security Administration’s full retirement age of 66+ years old. Many workers who are in their late fifties or early sixties with arm, knee, hip, back and/or neck problems have more and more pain after working for eight hours. These workers are thinking about giving up and taki…
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The Trial Work Period is a program where Social Security allows SSDI beneficiaries to try to return to work without losing their benefits. During the first nine months that you return to work, you will continue to receive your SSDI benefits. At the end of nine months of work, your trial work period is over, and the SSA will decide if you have been doing "substantial gainful activity," or SGA. (SGA for 2018 is generally earning $1,180 or more per month.) If your average earnings are over the SGA…