Benjamin Decker is the founder of the Decker Law Office. Decker Law Office provides superior representation to federal social security disability, social security disability, civil litigation, personal injury, and wills throughout New Mexico. Benjamin decker dedicates itself to helping injured or disabled at every step from initial application till court hearing, to receive the compensation they deserve.
Wrongful Death Cases in New Mexico. Wrongful Death Cases in New Mexico There are few things as difficult as losing a loved one due to an untimely death.
An experienced wrongful death attorney at Decker Law Office LLC understands that the survivors of a loved one who dies due to a wrongful death are frequently left with emotional trauma and harsh financial realities. Some of these costs include medical bills and funeral expenses. In situations where a victim is the primary contributor to a household, loved ones are frequently left with substantial debt. Survivors frequently initiate wrongful death lawsuit in order to receive adequate compensation. The Definition Of A Wrongful Death Case A wrongful death occurs when the actions of a person, group of persons, or a company are determined to be negligent and cause or are determined to be the legal cause of an injury that lead to an untimely death of a person.
Examples Of Wrongful Death Cases Car Accidents. Statute of Limitations. Dedicated Albuquerque Semi-Truck Accident Attorneys. Dedicated Albuquerque Semi-Truck Accident Attorneys Accidents involving large commercial semi-trucks are usually severe in nature.
The average semi-truck and trailer weighs about 40 tons, which is about 40 times heavier than the average car. This significant size and weight difference is one reason why these accidents result in significant injuries and property damage. If you’ve been involved in a semi-truck accident in New Mexico, contact an experienced personal injury attorney at Decker Law Office LLC. We are passionate about fighting for the rights of injury victims, and we have years of experience securing fair settlements for our clients.
Injuries Caused By Bicycle, Train, And Motorcycle Accidents. Injuries Caused By Bicycle, Train, And Motorcycle Accidents While not as well documented as accidents involving motor vehicles, a large number of accidents in New Mexico involving bicycles, trains, and motorcycle accidents occur each year and have the potential to lead to serious injuries and substantial property damage.
Bicycle Accidents There are several ways in which bike accidents in Albuquerque occur, but some of the most common include: Defective Parts. Bicycle retailers and manufacturers can be held liable for injuries that occur when bicycles are defectively designed, manufactured, assembled, or maintained. Bicyclists Who Are Riding Against Traffic. There several common types of cyclist injuries for which bicyclists frequently require the services of a bicycle accident attorney. Types Of Railroad Accidents. Federal Social Security Disability Appeals. An Overview of Federal Court Claims What Starts the Process of a Federal Social Security Disability Appeal?
Most Social Security disability claims submitted to the SSA in New Mexico are initially denied due to missing documentation, incorrect documentation, overworked or uninformed staff at the state agency level, or lack of evidence validating a disability. What should you do if your disability application is denied? Many deserving people who file an application for social security disability benefits are initially denied.
There are two types of denials. The first is a “technical denial”. When someone is technically denied it is usually because they have not worked long enough to qualify for benefits or they are presently working. The second type is a “medical denial”. When someone is medically denied it is typically because the SSA evaluator does not feel that their medical conditions, age, level of education, and past relevant work meet the disability criteria. SSA Hearing Backlog Tops 1 Million While Obamacare Ad Budget Slashed, Though Insurance Still Available. The Trump Administration has cut the advertising budget for the Affordable Care Act (ACA), or Obamacare, open enrollment period this fall by 90 percent.
The remaining $10 million will be spent not on TV ads, but the focus will be on radio and digital ads.Funding for navigators, the people who help enrollees through the process of finding insurance, is also being cut, by 41 percent. The navigator groups will receive $37 million. The open enrollment period itself is being cut in half. Last year, the window to sign up for 2017 insurance was from Nov. 1, 2016 through Jan. 31, 2017. This year, the enrollment period is only six weeks, from Nov. 1 until Dec. 15. Are Social Security Disability Benefits Available for Diabetes? Is it possible to get Social Security disability payments for diabetes?
Maybe. Some people with diabetes are successful in their disability claims, but it can be challenging. There is no listing for diabetes in the Social Security Administration’s Blue Book, which is SSA’s manual for what a claimant has to show in order for an administrative law judge to award disability benefits. People who are disabled by diabetes have to qualify for disability benefits under another listing. Two Types of Diabetes There are two recognized types of diabetes—type 1 diabetes, which is a chronic autoimmune disease where a person’s pancreas cannot produce insulin to regulate blood sugar levels. Type 2 diabetes happens when a person becomes resistant to the insulin that their body produces, and so cannot metabolize blood sugar. What If My Disabling Condition Isn’t In the Blue Book? What Does Social Security Consider a Disabling Condition?
Disabling conditions as defined by the Social Security Administration are physical or psychological conditions severe enough to prevent a person from working and earning “gainful income” for at least one year. The SSA determines whether a health problem is disabling and warranting benefits by reviewing a claimant’s application, physician’s reports, results of laboratory tests and imaging scans. The Social Security disability review board also looks at a claimant’s past work history to ascertain if the claimant could perform other types of work.
What If My Condition is not Listed in Disability Blue Book? Although the number of disabling conditions listed in the disability Blue Book seems small (just over 100), each condition offers additional criteria under which a claimant could qualify for benefits. Why Is The Alleged Onset Date So Important? When applying for SSD, the application will include a question asking when the disability began.
This “alleged onset date” or “disability onset date” is important because it helps determine whether the application will be approved and may influence how much disability back pay an applicant is entitled to receive. However, what an applicant considers the alleged onset date may differ from what the Social Security Administrations decides is the real disability onset date. For example, if someone is applying for SSD because of a severe illness, the SSA does not want the date the illness was initially diagnosed by a physician.
Instead, the SSA considers the disability onset date as the date on which the illness prevented the applicant from working any longer. What mental disorders qualify for Social Security disability? Mental disorders qualifying someone to receive Social Security disability benefits not only include serious mental illnesses like schizophrenia, bipolar disorder and general psychosis but also severe depression, anxiety, phobias and obsessive-compulsive disorder.
The SSA may approve a claim for a mental disorder if the applicant proves they cannot engage in “gainful” employment, cannot be trained sufficiently enough to maintain employment and has suffered from the mental disorder for at least one year. What Categories of Mental Disorders are found in the SSA Blue Book? Medical and clinical information needed to be approved for Social Security disability is the same for both SSI and SSDI benefits. A disabling mental disorder should fall into one or more of the following categories: Psychotic disorders: schizophrenia, schizo-affective, paranoid delusions and psychosis may qualify an applicant for a Compassionate Allowance. It could be. Factors that Determine how much Social Disability a Person Receives? Every year, millions of American workers find themselves suffering from a disabling health condition that prevents them from maintaining a regular work schedule and prevents them from earning enough income.
Luckily, the Social Security Administration provides disability or SSD benefits to help them make ends meet. However, proving eligibility can be difficult, depending on the type of health condition you have and the severity of your diagnosis. It can also be difficult to determine how much your disability payment will be each month before you apply. Keep reading to learn more about the SSD process and which disability factors result are used to determine your benefits. What are the differences between Worker’s Compensation and Social Security Disability Benefits? When you can’t remain employed because of an injury or chronic illness, you may be entitled to worker’s compensation or Social Security disability benefits, depending on how you became incapacitated and unable to perform work duties.
Both programs provide financial assistance to adults who cannot be “gainfully” employed, or work enough to earn a living salary. What is Worker’s Compensation? When an employee is injured at work severely enough to prevent them from doing their usual tasks, they may apply for and receive worker’s compensation benefits instead of litigating the matter. Employers must carry workers compensation insurance to cover serious injuries suffered by workers. In addition, worker’s compensation covers employees for injuries an employer may be liable for (carpal tunnel syndrome in the case of computer workers, for example). How to File a Wrongful Death Lawsuit after a Fatal Car Accident? Can you file a wrongful death lawsuit if a loved one has been the victim of a negligent driver?
Probably so. Can a Child Get SSI Disability for Fetal Alcohol Syndrome? Children with fetal alcohol syndrome (FAS) or those with a condition that falls on the fetal alcohol spectrum are typically able to get Supplemental Security Income (SSI) benefits. There are several listings that the Social Security Administration (SSA) when considering children and adults who struggle with fetal alcohol syndrome. If a child meets any of these criteria, it should be possible to get benefits. And even if the child does not meet criteria exactly, it still may be possible to get benefits if the child is impaired in some way. How Much Do You Get for a Workers Compensation Benefits Settlement?
Multiple factors determine how much an injured worker receives from a workers compensation benefits claim. Most of these factors involve what happened to the worker as a result of the accident–severity of injury, whether body parts sustained complex injuries and if the impairment is permanent. In most cases, an employer and their insurance company will evaluate medical care costs and wage loss benefits to settle on an amount paid out at some point in the future. A settlement’s value may also increase if the injured employee proves they will need additional and/or ongoing treatments. What Disability Benefits Qualify as Earned Income for EITC?
The Earned Income Tax Credit (EITC) is a tax credit for people filing head of household, married filing jointly, single or as a qualifying widower who have adjusted gross incomes not exceeding specific yearly income limits as established by the IRS. What is a Social Security Administrative Law Judge Disability Hearing? Your SSDI Appeal and How a Federal Court Lawyer Can Help.
Social Security Disability Benefits for Endocrine System Disorders. Have you recently been diagnosed with one kind of several different endocrine system disorders? Comparison of Federal Social Security Disability vs. State disability vs. Private Insurance Disability Benefits. Being injured on the job or recently suffering a serious medical condition that makes it impossible for you to work can open the door to receiving benefits from a variety of different programs. Understanding how these works, however, and initiating the right applications, is not always easy. Federal District Court Appeals & SSDI Appeals. How Are Federal District Court Appeals Different From Other SSDI Appeals? When someone applies for Social Security disability and is denied, they have the right to appeal and have their case heard before a Social Security administrative law judge (ALJ). Similar to other U.S. states, the process of starting a New Mexico SSDI appeal before an ALJ should be initiated as soon as a denial is received by the SSA.
If the ALJ ultimately delivers a second denial on an SSDI claim, then the claimant should hire a disability attorney who will begin the federal district court process of appealing the denial. Denied Appeals Council Case. Albuquerque Auto Accidents Lawyer. Albuquerque Auto Accidents Lawyer. New Mexico Motorcycle Accident Lawyer. New Mexico Slip And Fall Accidents. New Mexico Slip And Fall Accidents Slip and fall accidents are one type of personal injury accident that most often occur between an individual and a business or property owner who was negligent in maintaining the premises of their property.
New Mexico Personal Injury Lawyer. Five Tips for Completing a Social Security Disability Application without an Attorney. How Does the SSA Look at Fibromyalgia? What is Multiple Sclerosis? What is Multiple Sclerosis? Can you pass this Social Security Quiz? When is a Person Considered Disabled by Social Security Disability? Can I Get Social Security Disability Payments for Migraines? Disability and Federal Government Shutdown FAQ. What are the differences between Worker’s Compensation and Social Security Disability Benefits? Advice & Tips for Worker’s Compensation Disputes. How a Wrongful Death Lawsuit Works? How Does My Work History Affect My Disability Application?
Why SAFE House Is Getting a Helping Hand from Decker Law Office. Can a Child Get SSI Disability for Fetal Alcohol Syndrome? Do You Need a Lawyer to Make Your Will? What Is the Date Last Insured (DLI) for Disability Benefits? How does the Social Security Disability Review work? What Will Social Security Do When It Finds an Overpayment? What Is a Protective Filing Date for Social Security Disability? Congestive Heart Failure: Can You Get Social Security Disability Benefits (SSDI or SSI)? How to Apply for Disability Benefits with High Blood Pressure.