Florida Workers' Compensation Lawyer Blog

There is a prevalent myth that workers' compensation fraud in Florida is the sole domain of cheating, scheming workers' compensation claimants who "game" the system. It is a lesser known fact that much of the fraudulent workers' compensation schemes are cooked up by employers, especially in the construction industry.

A typical fraud scheme involves an individual who sets up a "shell" company and purchases a minimum workers' compensation policy, reflecting a small work force. The individual who owns the shell company, will "rent" the policy to various construction subcontractors, who show the policy to general contractors in order to be hired for a specific job site. The subcontractors will pay a "kick back" to the owner of the shell company, usually paid through a check cashing store.

Rep. Daniel Davis of Jacksonville, has introduced a bill in the Florida House of Representatives, aimed at intense scrutiny of these workers' compensation construction fraud schemes.

Attorney Randy Zeldin, Esq., a Boca Raton workers' compensation attorney, favors passage of the bill and advocates increased scrutiny of employer workers' compensation fraud.

Randy Zeldin, Esq., has been admitted to practice law before the Court of Appeals for Veterans Claims in Washington, D.C.. Randy Zeldin, Esq. was trained by the Veterans Consortium of Washington, D.C., in this very specialized area of Veterans Law.

The Court of Appeals for Veterans Claims (CAVC), is an independent court, not part of the Veterans Administration. In the year 2010, over 4,000 appeals were filed by U.S. Veterans with the CAVC, seeking Veterans Disability Benefits. Many U.S. Veterans file CAVC appeals "pro se" or without an attorney. Court of Appeals for Veterans Claims Attorney and Lawyer will represent U.S. Veterans on a "pro bono" or no fee basis. If Randy Zeldin, Esq. prevails with your case at the Court of Appeals for Veterans Claims, the VA will pay attorney fees.

Does receipt of Social Security Disability (SSD) discourage work? According to a recent study from the RAND Corporation, the answer is "yes" for nearly one-fourth of new beneficiaries who are only "marginally" disabled. The study concludes that of all applicants for Social Security Disability, about 23% of applicants are "marginal" and that the disposition of their claim depends on whether the Social Security Examiner assigned to the case is "lenient" or "strict." The main finding of the study is that Social Security applicants with less severe impairment who are DENIED benefits, are 21% more likely to return to work, than are "marginal" applicants who are GRANTED benefits.

Social Security Disability attorney and lawyer, Randy Zeldin, Esq., is less confident of the findings of the RAND study. According to Social Security Disability attorney Randy Zeldin, Esq., the RAND study does not measure the "success" or "duration" of the so-called "marginal" applicants who do return to work. "Do 'marginal' applicants return to work for a week, a month or a year and how much do they earn?" questions attorney Randy Zeldin, Esq.. Much more research needs to be done before conclusions can be drawn.

The prestigious Workers' Compensation Research Institute, has issued a new report, detailing the impact of the ongoing recession on workers' compensation systems across the U.S.. The State of Florida has seen less impact, but here are some of the report's key findings:

1. Overall indemnity (lost wages) payments were increased by only 3% in 2009. Surprisingly, the dollar amount per lump sum settlement of workers' compensation cases in Florida, rose by 12%.
2. Also increasing by 12% for the year 2009, was the cost paid to workers' compensation defense attorneys in Florida.
3. Overall medical costs in workers' compensation rose by 7% in Florida.

Workers' compensation attorney and lawyer, Randy Zeldin, Esq., of Boca Raton, commented that he anticipates that the value of settlements and the dollar amount of indemnity being paid, has dropped steadily since 2009 through the present. Randy Zeldin, Esq. represents injured workers throughout South Florida, including Pompano Beach, Deerfield Beach, Boca Raton, Delray Beach and Boynton Beach.

Many physicians in the State of Florida, have added the sale of prescriptions drugs, as a supplemental source of income. The sale of prescriptions medications by physicians, is commonly known as "repackaged prescriptions." This practice often results in exorbitant charges by physicians, to workers' compensation carriers in the State of Florida, according to NCCI Holdings, Inc., a Boca Raton based industry group.

The Florida Legislature is poised to strip away this practice, at the upcoming 2012 Legislative Session to commence in Tallahassee, Florida. H.B. 511, sponsored by Matt Hudson, R-Naples, already passed through Florida's House Insurance and Banking Subcommittee in December, which law would limit doctor dispensing charges.

According to workers' compensation attorney and lawyer Randy Zeldin, Esq. of Boca Raton, Florida, the focus of the Florida Legislature on cost savings, is a continuation of the long term trend favoring employers over the benefits of injured workers.

A new study by the White House Council of Economic Advisors has found a strong link between expiring unemployment benefits and persons seeking Social Security Disability. According to the director of the Council of Economic Advisors, Dr. Alan Krueger, persons with less than $5,000.00 in total savings, have a far greater likelihood of applying for Social Security Disability, after unemployment compensation benefits expire. In fact, 10% of American adults between the ages of 50 and 65, with less than $5,000.00 of assets, do apply for Social Security Disability after unemployment compensation benefits expire.

According to Social Security Disability Attorney and Lawyer, Randy Zeldin, Esq., of Boca Raton, most Social Security Judges in South Florida will deny Social Security Disability benefits during any period when unemployment compensation has been received. "This is not a hard and fast rule", according to Social Security Disability Attorney and Lawyer, Randy Zeldin, Esq.. but a strong factor considered by the local Social Security Disability Judges. Any person seeking Social Security Disability benefits, who is receiving or has recently received unemployment compensation benefits, will benefit from a free consultation with Social Security Disability Attorney and Lawyer Randy Zeldin, Esq., serving individuals in Pompano Beach, Deerfield Beach, Boca Raton, Delray Beach and Boynton Beach, Florida

The National Organization of Social Security Claims Representatives (NOSSCR) recently completed its annual conference, held in San Antonio, Texas. Social Security Deputy Commissioner Glenn Sklar addressed the conference with some interesting statistics. Although 143 new Administrative Law Judges have been hired in 2011, 97 Administrative Law Judges have left, for a smaller net increase of Social Security Judges. Processing time of appeals has improved by nearly one-half year since 2008. The average processing for a Social Security Appeal was 360 days or one year. Judge Sklar emphasized that the recession has been a critical factor in the increase in appeals, jumping from 60,000 per month in 2009 to nearly 80,000 per month in 2011.

The opening of new Social Security offices, the hiring of new Administrative Law Judges and support staff, has been vital in improving processing time, for the many Boca Raton, Pompano Beach, Deerfield Beach, Delray Beach and Boynton Beach Social Security applicants. Boca Raton Social Security Disability Attorney and Lawyer Randy Zeldin, Esq. applauds Judge Glenn Sklar for his excellent administrative record.

The Social Security Administration has announced that there will be a 3.6 percent cost-of-living adjustment for Social Security Disability and SSI beneficiaries in 2012. This is the first cost of living increase since 2009. The COLA is determined by comparing the change in the Consumer Price Index (CPI-W) from the third quater of 2008, the last year that a COLA was determined, to the third quarter of 2011. The last COLA increase in 2009 was 5.8 percent, the largest increase since 1982.

The average monthly benefit in 2012 for all disabled workers will be $1,111.00 (vs. $1,072.00 in 2011). For a disabled work, spouse and one or more children, the average monthly benefit in 2012 will be $1,892.00 (vs. $1,826.00 in 2011). As a result of the 2012 COLA, the user fee cap will increase to $86.00 in 2012.

Continue reading "Cost of Living Increase for Social Security Recipients" »

Boca Raton Social Security Attorney and Lawyer, Randy Zeldin, Esq., is an advocate of the "PASS" program offered by the Social Security Administration. The PASS program (Plan to Achieve Self-Support), is a program through which recipients of Social Security Disability, may seek government assistance for re-training and eventual reintegration into the job market. The purpose of the program is to allow individuals to set a goal for either re-training or creation of a business opportunity. The applicant may need funds for uniforms, school, equipment and tools and transportation. The PASS program thereafter helps individuals set aside monies to pay for these items, such as a vehicle, computer, etc., to enable a return to work.

Usually the first and best step is for an individual to be evaluated by a certified vocational expert. The Social Security Administration can help an individual get an appointment with such a vocational counselor. Social Security will review the plans and recommendations of the vocational counselor and if approved, will be a great source for return to work. If Social Security denies the PASS plan, the individual has a right of appeal. Social Security Disability Attorney and Lawyer Randy Zeldin, Esq., represents individuals in Boca Raton, Delray Beach, Boynton Beach, Deerfield Beach and Pompano Beach, in Social Security Disability Appeals.

Veterans with serious disabilities may be entitled to disability benefits from the Veterans Administration, as well as Social Security Disability benefits. The medical evidence to support either of these claims, is usually physicians and other medical providers affiliated with local Veterans Administration hospitals and clinics. These VA medical providers are often the most important piece of evidence in a Social Security Disability claim.

In order to assist Veterans in perfecting and developing Social Security Disability claims, VA medical providers are directed by regulation, to assist the Veteran by providing medical records and filling out functional capacity questionnaires. It is the duty of the VA medical provider, to complete non-VA forms, including Social Security Disability forms, as quickly as possible. This regulation, to obtain vital medical evidence, has helped Social Security Disability attorney and lawyer, Randy Zeldin, Esq. to secure benefits for deserving Veterans.

The National Organization of Social Security Claims Representatives, held its annual conference in San Antonio, Texas, from November 2-5, 2011. Among the many attendees was Boca Raton Social Security Disability attorney and lawyer, Randy Zeldin, Esq.. The convention was addressed by Glenn Sklar, Deputy Commissioner, Office of Disability Adjudication and Review. The topics were wide ranging, including medical expert testimony; updates on diabetes and pain disorders; brain injuries; veterans claims; cardiology; practice management.

According to Social Security Disability attorney and lawyer, Randy Zeldin, Esq., the conference was a huge success. "The exchange of ideas and experiences makes one a better Social Security Disability attorney", according to Randy Zeldin, Esq.. The National Organization of Social Security Claims Representatives is an important ally and advocate on behalf of disabled persons in the United States.

Florida Insurance Commissioner Kevin McCarty, will shortly approve an 8.9 percent increase in the premiums paid by employers, to obtain workers' compensation coverage. The increase came at the recommendation of the National Council of Compensation Insurance, which made the request due to the rising cost of medical care, particularly for prescription medications.

Although the increase is significant in terms of size, it is disproportionate to the drastic reduction of benefits received by Florida workers under the Florida workers' compensation laws. Since the "reforms" of 2003 were enacted by the Florida Legislature, the quantity and dollar value of benefits paid to injured workers in the State of Florida has dropped dramatically, according to workers' compensation attorney and lawyer, Randy Zeldin, Esq., of Boca Raton, Florida. According to workers' compensation attorney Randy Zeldin, Esq., there has been a drastic reduction in the number of workers' compensation claims filed; a significant decrease in the number of claims prosecuted by attorneys and a "free fall" in the dollar value of claims settlements.