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      <title>Florida Workers&apos; Compensation Lawyer Blog</title>
      <link>http://www.floridaworkerscompensationlawyerblog.com/</link>
      <description>Published by Randy Zeldin, P.A.</description>
      <language>en</language>
      <copyright>Copyright 2008</copyright>
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         <title>Florida High Unemployment Chills Workers&apos; Compensation Claims</title>
         <description><![CDATA[<p>The State of Florida is facing very high unemployment today and into the foreseeable future.  According to statistics from the U.S. Treasury, the Florida Department of Revenue has spent $600 million dollars in unemployment benefits since May 2008.  With unemployment in Florida currently impacting over 300,000 persons, the situation is devastating for many working persons.  Even worse, unemployment benefits average $300.00 per week, not nearly enough for even subsistence.</p>

<p>                 According to South Florida workers' compensation <a href="http://www.zeldinlaw.com">attorney Randy Zeldin</a>, with offices in Ft. Lauderdale and West Palm Beach, high unemployment historically dampens the willingness of injured workers to fight for workers' compensation benefits.  In a bad economy, injured workers are afraid to "rock the boat" with their employers, fearing retaliation or termination from the job.  According to <a href="http://zeldinlaw.com">Randy Zeldin</a>, this results in many injured workers in Palm Beach and Ft. Lauderdale foregoing workers' compensation benefits or accepting less medical care or benefits than the law allows.  </p>]]></description>
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         <pubDate>Tue, 18 Nov 2008 13:24:00 -0500</pubDate>
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         <title>Florida Epidemic of Employers Without Work Comp</title>
         <description><![CDATA[<p>     Florida law requires that any employer with 4 or more employees must purchase workers' compensation coverage.  Despite the law, many employers fail to obtain the required coverage.  <a href="http://www.fldfs.com" target="_blank">The Florida Department of Financial Services</a>, the enforcement arm of workers' compensation, conducted 27, 674 on-site investigations of employers during fiscal year 2008.  Of those investigations, 2,518 employers were breaking the law and were ordered to cease operations until workers' compensation insurance was obtained.</p>

<p>       <a href="http://www.zeldinlaw.com/lawyer-attorney-1310859.html">Randy Zeldin, Esq</a>., a workers' compensation attorney with offices in Ft. Lauderdale, West Palm Beach and Boca Raton, has seen many injured workers unable to collect workers' compensation benefits.  If an employer has no coverage, it often means that they are not "solvent" and without assets.  "You can't get blood from a stone" observes Randy Zeldin-no workers' compensation coverage often means no funds to pay injured workers.</p>]]></description>
         <link>http://www.floridaworkerscompensationlawyerblog.com/2008/11/florida_epidemic_of_employers.html</link>
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         <category></category>
         <pubDate>Fri, 07 Nov 2008 14:15:20 -0500</pubDate>
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         <title>Social Security to &quot;Fast Track&quot; Rare Diseases</title>
         <description><![CDATA[<p>     Social Security Disability applicants with 25 rare diseases and 25 cancers, will benefit from a new "fast track" application process.  Instead of waiting for prolonged periods to obtain administrative action, these applicants will get prompt review by Social Security, through a program known as "Compassionate Allowances."  The program has been hailed as a great breakthrough, by the <a href="http://www.rarediseases.org" target="_blank">National Organization for Rare Disorders</a>.</p>

<p>      <a href="http://www.zeldinlaw.com/lawyer-attorney-1303721.html">Social Security Disability attorney Randy Zeldin</a>, applauds Commissioner of Social Security, Michael Astrue, for instituting the program.  According to <a href="http://www.zeldinlaw.com/lawyer-attorney-1317497.html">Randy Zeldin</a>, these claims deserve expedited consideration.  "Unfortunately, there are many other deserving Social Security Disability applicants from Ft. Lauderdale to West Palm Beach, who also deserve expedited hearings, said Attorney Randy Zeldin</p>]]></description>
         <link>http://www.floridaworkerscompensationlawyerblog.com/2008/10/social_security_to_fast_track.html</link>
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         <category>Social Security Disability</category>
         <pubDate>Tue, 28 Oct 2008 14:10:55 -0500</pubDate>
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         <title>Florida Workers Get Justice from Supreme Court!</title>
         <description><![CDATA[<p>           The Florida Supreme Court issued an historic ruling on October 23, 2008, which will once again allow injured workers to obtain legal help.  The case of <a href="http://www.floridasupremecourt.org/decisions/2008/sc07-244.pdf" target=_blank">Murray v. Mariner</a>, stresses that attorneys representing injured workers are entitled to "reasonable" attorney fees.  This decision will help even the playing field, so that injured workers can fairly compete with high priced lawyers paid by the insurance companies.</p>

<p>             Until the Supreme Court's decision, Florida attorneys such as <a href="http://www.zeldinlaw.com/lawyer-attorney-1308218.html">Randy Zeldin </a>of Palm Beach, had to rely on a "formula" percentage fee, which usually resulted in an unreasonable hourly rate.  This has led some workers' compensation attorneys to abandon their clients or to give them substandard representation.</p>

<p>              <a href="http://www.zeldinlaw.com/lawyer-attorney-1308218.html">Randy Zeldin</a>, with offices in Boca Raton, Ft. Lauderdale and West Palm Beach, applauds the decision of the Florida Supreme Court.  Randy Zeldin is optimistic that Gov. Charlie Crist, will not allow the Florida Legislature to disturb this vital decision</p>]]></description>
         <link>http://www.floridaworkerscompensationlawyerblog.com/2008/10/florida_workers_get_justice_fr.html</link>
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         <category></category>
         <pubDate>Fri, 24 Oct 2008 16:43:15 -0500</pubDate>
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         <title>Florida Unlicensed Contractors Violate Workers&apos; Compensation Laws</title>
         <description><![CDATA[<p>      The Florida Department of Business and Professional Regulation, has been busy arresting unlicensed contractors operating throughout Florida.  An unlicensed contractor can be a hazard to many persons.  Firstly, it is likely that such criminals will either not complete the work or do substandard job.  Beyond that, unlicensed contractors never obtain the required <a href="http://www.zeldinlaw.com/">workers' compensation insurance </a>required under the law.  All contractors are required to have workers' compensation insurance, as a matter of law.</p>

<p>      What happens if an injured worker is injured on your property, without workers' compensation?  The homeowner could possibly be liable for the injuries and may well be sued by the injured worker!  Therefore, it is vital that all homeowners validate that a contractor hold a valid license and has current and active <a href="http://www.zeldinlaw.com/lawyer-attorney-1303719.html">workers' compensation coverage</a>.</p>]]></description>
         <link>http://www.floridaworkerscompensationlawyerblog.com/2008/10/florida_unlicensed_contractors.html</link>
         <guid>http://www.floridaworkerscompensationlawyerblog.com/2008/10/florida_unlicensed_contractors.html</guid>
         <category>Workers&apos; Compensation</category>
         <pubDate>Mon, 13 Oct 2008 15:18:48 -0500</pubDate>
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         <title>South Florida Workplace Safety Getting Attention</title>
         <description><![CDATA[<p>       Workplace safety in Florida is near the bottom of all 50 States.  Construction injuries in South Florida rank among the highest in the country.  <a href="http://www.fldfs.com/wc" target="_blank">Florida Chief Financial Officer, Alex Sink</a>, recognizes the problem and has begun classes to assist employers with safety improvements.  The classes will provide information on the <a href="http://www.zeldinlaw.com/lawyer-attorney-1303719.html">Florida workers' compensation law</a>, when exemptions apply, what resources are available to help employers and contractors and training on workplace safety.  </p>

<p>        The State of Florida has certainly improved its record on enforcing compliance with workers' compensation laws.  Last year, 2,518 businesses were shut down by the State of Florida, because of failure to obtain workers' compensation coverage.</p>

<p>         According to attorney <a href="http://www.zeldinlaw.com/lawyer-attorney-1303795.html">Randy Zeldin, Esq. of Boca Raton</a>, South Floridian workers will be subjected to dangerous workplaces into the future.  The penalties and enforcement mechanisms must be made "very severe" according to attorney Zeldin, before things will change in a meaningful way.  Further, OSHA has been gutted of a budget and its absence continues to contribute to workplace injuries.</p>]]></description>
         <link>http://www.floridaworkerscompensationlawyerblog.com/2008/10/south_florida_workplace_safety.html</link>
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         <category>Florida Construction Accidents and Injuries</category>
         <pubDate>Wed, 01 Oct 2008 13:19:46 -0500</pubDate>
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         <title>Workers&apos; Compensation Laws Are Denying Care for Exposure Cases</title>
         <description><![CDATA[<p>     Many workers in the South Florida region, from Deerfield Beach to Boynton Beach, are injured due to exposure to toxic chemicals or substances at work.  Virtually all workers, from construction workers to secretaries, can be regularly exposed to chemical substances which result in injury.  The current workers' compensation law places very high levels of evidence in order to obtain <a href="http://www.zeldinlaw.com/lawyer-attorney-1310865.html">medical care and other benefits</a>.  Specifically, an injured worker must prove the exact substance by name which caused the exposure!  This is often impossible or unduly expensive to prove.  Further, the worker must prove the mathematical level of exposure!</p>

<p>      This unrealistic burden has led to many cases of chemical exposure being denied by the Courts.  In one recent case,  <a href="http://caselaw.lp.findlaw.com/data2/floridastatecases/app/app1_06_2008/06-6647.pdf" target="_blank">Matrix Employee Leasing v. Pierce</a>, a worker suffered from chronic obstructive pulmonary disease.  The Judge of Compensation Claim denied all benefits, because the poor worker couldn't prove with medical evidence the exact chemical exposure or level of exposure.  As a result, the Court shut down his medical care.</p>

<p>        The <a href="http://www.zeldinlaw.com/lawyer-attorney-1308216.html">law office of Randy Zeldin </a>has represented many workers who were injured by chemical exposures, in Broward and Palm Beach Counties.  Gov. Christ and the Florida Legislature must re-examine the current state of the law, so that benefits are obtainable by workers who need the medical care.</p>]]></description>
         <link>http://www.floridaworkerscompensationlawyerblog.com/2008/09/workers_compensation_laws_are.html</link>
         <guid>http://www.floridaworkerscompensationlawyerblog.com/2008/09/workers_compensation_laws_are.html</guid>
         <category>Workers&apos; Compensation Injuries</category>
         <pubDate>Thu, 25 Sep 2008 15:48:37 -0500</pubDate>
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         <title>Americans and South Floridians Die Waiting for Social Security</title>
         <description><![CDATA[<p>      Across the U.S., 765,000 Americans, including applicants from Boca Raton and Deerfield Beach, are waiting for a <a href="http://www.zeldinlaw.com/lawyer-attorney-1303721.html">Social Security hearing</a>!   The outcome is that some applicants literally die before they get benefits.  There have been tragic reports of suicide.</p>

<p>       According to Boca Raton and Deerfield Beach <a href="http://www.zeldinlaw.com/lawyer-attorney-1303721.html">Social Security Attorney, Randy Zeldin</a>, the terrible backlog is not because of fraud or lack of entitlement for benefits.  Instead, it is mostly due to the failure of the U.S. Congress to properly fund the Social Security Administration.  Administrative Law Judges and their staff are overwhelmed with cases.  Waiting times for hearings in Palm Beach and Broward Counties can be as much as 2 years.</p>

<p>        Recently, the Social Security Administration has hired 189 administrative law judges and support staff.  The <a href="http://waysandmeans.house.gov/hearings.asp?formmode=detail&hearing=646" target=_blank">House Ways and Means Committee </a>will be conducting hearings shortly on this important problem.</p>]]></description>
         <link>http://www.floridaworkerscompensationlawyerblog.com/2008/09/americans_and_south_floridians.html</link>
         <guid>http://www.floridaworkerscompensationlawyerblog.com/2008/09/americans_and_south_floridians.html</guid>
         <category>Social Security Disability</category>
         <pubDate>Tue, 16 Sep 2008 14:30:26 -0500</pubDate>
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         <title>Palm Beach, Broward and Dade Judges of Compensation Claims Highly Rated</title>
         <description><![CDATA[<p>      <a href="http://www.zeldinlaw.com/lawyer-attorney-1303719.html">Workers' compensation attorneys </a>throughout South Florida have recently ranked all of the Judges of Compensation Claims.  This first time "poll" is the thoughtful innovation of Chief Judge of Compensation Claims, David Langham.  The <a href="http://flworkerscomp.org/CLE.aspx" target="_blank">results of the poll</a>, show that a high percentage of the Judges of Compensation Claims throughout South Florida, are doing an excellent job.  Some of the Judges with outstanding rankings include Mary D'Ambrosio, Timothy Basquill; Sylvia Medina-Shore and Daniel Lewis, among many others.  Chief Judge Langham also received a well deserved excellent review.</p>

<p>     Gov. Charlie Christ will have the opportunity to appoint two new workers' compensation judges in Gainesville and Jacksonville.  <a href="http://www.zeldinlaw.com/lawyer-attorney-1303719.html">Randy Zeldin, workers' compensation attorney </a>of Boca Raton and Deerfield Beach, is confident that Gov. Christ will make quality appointments from the many distinguished candidates nominated by the Judicial Nominating Committee</p>]]></description>
         <link>http://www.floridaworkerscompensationlawyerblog.com/2008/09/palm_beach_broward_and_dade_ju.html</link>
         <guid>http://www.floridaworkerscompensationlawyerblog.com/2008/09/palm_beach_broward_and_dade_ju.html</guid>
         <category></category>
         <pubDate>Mon, 08 Sep 2008 13:12:36 -0500</pubDate>
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         <title>Florida Legislature Must Give Choice of Doctors to Injured Workers</title>
         <description><![CDATA[<p>There is ongoing talk that the Florida Legislature will meet in Special Session in January 2009, to consider changes to the existing workers' compensation laws.  The Workers' Compensation Section of the Florida Bar, has met with Chief Financial Officer Alex Sink to urge that her office conduct a thorough examination of how the workers' compensation law has worked and what modifications should be considered.</p>

<p>In the 2008 Legislative Session, a sweeping bill was introduced by Sen. Alex Villalobos, <br />
(<a href="http://www.flsenate.gov/cgi-bin/view_page.pl?File=sb2548.html&Directory=session/2008/Senate/bills/billtext/html&Tab=session&Submenu=1" target="_blank">Senate Bill No. 2548</a>), which had some promising reforms.  Unfortunately, the bill died in committee and was never considered by the Florida Legislature.  One of the most important changes in the Villalobos bill, was regarding <a href="http://www.zeldinlaw.com/lawyer-attorney-1308216.html">choice of physician</a>.  Currently, choice and control over the physician, except in managed care cases, is largely with the insurance carrier.  The Villalobos bill would have guaranteed that an injured worker would have at least one doctor of his or her choice, as long as the physician was properly licensed and regulated.  <a href="http://www.zeldinlaw.com/lawyer-attorney-1303698.html">Randy Zeldin, Esq., </a>with offices in Boca Raton and Pompano Beach, is optimistic that Gov. Christ will be supportive of workers' compensation reform.</p>]]></description>
         <link>http://www.floridaworkerscompensationlawyerblog.com/2008/09/florida_legislature_must_give.html</link>
         <guid>http://www.floridaworkerscompensationlawyerblog.com/2008/09/florida_legislature_must_give.html</guid>
         <category></category>
         <pubDate>Fri, 05 Sep 2008 15:56:40 -0500</pubDate>
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         <title>South Florida Injured Workers Eligible for Permanent and Total Disability</title>
         <description><![CDATA[<p>       The <a href="http://www.leg.state.fl.us" target="_blank">Florida Legislature </a>radically reformed the workers' compensation law beginning October 2003.  One of the most significant changes was the legal standard for proving that an injured worker could not return to work for life.  This concept is called permanent and total disability.  Specifically, the law was changed to deny permanent and total disability benefits to any worker physically capable of sedentary employment.  This standard has made it so difficult to prove <a href="http://www.zeldinlaw.com/lawyer-attorney-1310879.html">permanent and total disability</a>, that only 33 cases have been successfully litigated since the law was changed!</p>

<p>       Fortunately, the appellate courts have stepped in to give some relief to seriously injured workers.  Two cases, <u>Walmart v. Thompson </u>and <u>Ferrell Gas v. Child</u>users, have eased the burden.  The judges reasoned that in addition to physical restrictions, the Judge of Compensation Claims can consider vocational testimony.  That is, the Court can look at the aptitude, education, job experience and other measurements of an injured workers' ability to find and keep employment.  Even if a worker could theoretically perform sedentary work, that doesn't mean that the injured could find, perform or keep such a job.  </p>]]></description>
         <link>http://www.floridaworkerscompensationlawyerblog.com/2008/09/south_florida_injured_workers.html</link>
         <guid>http://www.floridaworkerscompensationlawyerblog.com/2008/09/south_florida_injured_workers.html</guid>
         <category>Workers&apos; Compensation Injuries</category>
         <pubDate>Thu, 04 Sep 2008 16:37:35 -0500</pubDate>
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         <title>Randy Zeldin named as Chair of Workers&apos; Compensation Section of the South Palm Beach County Bar Association</title>
         <description><![CDATA[<p>     For the second consecutive year, Boca Raton based <a href="http://www.zeldinlaw.com/lawyer-attorney-1308218.html">attorney Randy Zeldin</a>, is honored to be designated as the Chair of the Workers' Compensation Section of the <br />
<a href="http://www.southpalmbeachbar.org/" target="_blank">South Palm Beach County Bar Association</a>.  </p>

<p>      The South Palm Beach County Bar Association is a group of attorneys which has been in existence since 1960.  As Chair of the Workers' Compensation Section,  Palm Beach and Broward attorney <a href="http://www.zeldinlaw.com/lawyer-attorney-1303795.html">Randy Zeldin </a>will organize educational and other opportunities for attorneys. </p>]]></description>
         <link>http://www.floridaworkerscompensationlawyerblog.com/2008/08/randy_zeldin_named_as_chair_of.html</link>
         <guid>http://www.floridaworkerscompensationlawyerblog.com/2008/08/randy_zeldin_named_as_chair_of.html</guid>
         <category></category>
         <pubDate>Mon, 25 Aug 2008 13:07:41 -0500</pubDate>
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         <title>63rd Annual Florida Workers&apos; Compensation Conference in Orlando</title>
         <description><![CDATA[<p>     There was much to learn at the 63rd annual Florida Workers' Compensation Conference held in Orlando beginning August 17, 2008.   This is a conference which <a href="http://www.zeldinlaw.com/lawyer-attorney-1303795.html">Randy Zeldin</a>, Boca Raton workers' compensation attorney, has been attending for twenty years.  This year, there was much discussion of pending workers' compensation <a href="http://www.floridasupremecourt.org/clerk/briefs/2001/1-200/01-100_ini.pdf " target="_blank">litigation in the Florida Supreme Court</a>.</p>

<p>     Attendees heard the <a href="http://www.jcc.state.fl.us/jcc" target="_blank">Hon. Robert S. Cohen</a>, Director and Chief Judge of Administrative Hearing for the State of Florida, was one of many distinguished panelists.</p>

<p>     Other panels discussed <a href="http://www.zeldinlaw.com/lawyer-attorney-1310865.html">serious workers' compensation injuries</a>, including exposure to mold and the safety of clean-up workers after hurricanes.  Steve Morris, III, M.D., Project Director of Bioterrorism and Disaster Training at the University of South Florida, was a panelist discussing hurricane safety issues.  The <a href="http://www.zeldinlaw.com/lawyer-attorney-1303690.html">law office of Randy Zeldin</a>, has represented workers from Pompano Beach to Boynton Beach, who were injured and required a workers' compensation attorney</p>

<p>     </p>]]></description>
         <link>http://www.floridaworkerscompensationlawyerblog.com/2008/08/63rd_annual_florida_workers_co.html</link>
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         <category>Florida Workers&apos; Compensation Conferences</category>
         <pubDate>Mon, 25 Aug 2008 12:25:44 -0500</pubDate>
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         <title>Speedier Social Security Hearings for Palm Beach and Broward</title>
         <description><![CDATA[<p>          In Boca Raton, Broward and Palm Beach Counties, waiting time to get a hearing before a Social Security Judge can be over one year, sometimes one and a half years!  Some of my Social Security Disability clients in Deerfield Beach, Pompano Beach and Delray Beach, continue to wait for hearing dates without benefits.  The Commissioner of the Social Security Administration, Michael Astrue told Congress at a hearing in May, that the average wait time nationally is 505 days!   The <a href="http://zeldinlaw.com">law office of Randy Zeldin </a>has seen homelessness with one of my clients with severe psychiatric illness, while waiting for a hearing date.  While my clients wait, the bills can pile up and sometimes their medical conditions worsen.</p>

<p>           According to <a href="http://www.castor.house.gov" target=_blank">Rep. Kathy Castor</a>, the waiting time for Social Security Disability applicants is the worst in the State of Florida.  Rep. Castor is hoping to speed things up for deserving Social Security applicants.  She is introducing a bill in the U.S. Congress that would require that a hearing be held between 60 and 75 days after a request.  The law would require a decision from a Social Security Judge no more than 15 days after the hearing.</p>

<p>          There are many reasons for the backlog.  Social Security Judges and staff are simply overwhelmed with cases.  <a href="http://www.zeldinlaw.com/lawyer-attorney-1317499.html">Social Security Disability attorney Randy Zeldin </a> believes that the U.S. Congress must approve Rep. Castor's bill and appropriate more money for administrative staff.</p>

<p><br />
                </p>]]></description>
         <link>http://www.floridaworkerscompensationlawyerblog.com/2008/08/speedier_hearings_for_palm_bea.html</link>
         <guid>http://www.floridaworkerscompensationlawyerblog.com/2008/08/speedier_hearings_for_palm_bea.html</guid>
         <category>Social Security Disability</category>
         <pubDate>Tue, 12 Aug 2008 16:30:53 -0500</pubDate>
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         <title>South Florida Social Security Recipients Get Debit Card</title>
         <description><![CDATA[<p>     Many Social Security Disability recipients in South Florida, Palm Beach and Broward Counties, receive benefits by U.S. "snail" mail or direct deposit.  This sometimes results in delays or lost and stolen checks.  The U.S. Department of Treasury has a plan to introduce a prepaid debit card for Social Security Disability recipients.</p>

<p>      The card will be called the <a href="http://www.fms.treas.gov/directexpress2007/index.html" target="_blank">Direct Express credit card</a>.  Instead of mailing or direct depositing monthly payments, the U.S. Treasury will automatically load benefits onto a card account designated by the recipient.  This will allow Social Security Disability recipients in South Florida to use the card for retail purchases, bank and ATM transactions.  Social Security Disability recipients will be allowed one free ATM withdrawal each month, with a low charge of 90 cents for additional withdrawals.   The Direct Express card is free to obtain and there is no monthly or annual fee.</p>

<p>       The <a href="http://zeldinlaw.com">law offices of Randy Zeldin</a> welcomes this introduction by the U.S. Treasury, which will benefit many of my Social Security Disability clients in Boca Raton, Delray Beach, Deerfield Beach and Pompano Beach.  It will be a huge help to South Florida Social Security Disability recipients who have no bank accounts.  To sign up, call the Social Security Administration at 1-877-212-999.  Information can also be obtained on the <a href="http://www.ssa.gov" target="_blank">Social Security website.</a></p>]]></description>
         <link>http://www.floridaworkerscompensationlawyerblog.com/2008/08/south_florida_social_security.html</link>
         <guid>http://www.floridaworkerscompensationlawyerblog.com/2008/08/south_florida_social_security.html</guid>
         <category>Social Security Disability</category>
         <pubDate>Mon, 11 Aug 2008 12:53:29 -0500</pubDate>
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