Philip J. Fulton

How disability cases are decided

On behalf of Philip J. Fulton Law Office posted in Social Security Disability on Wednesday, January 22, 2020.

Ohio residents who have a frozen shoulder may be able to qualify for Social Security Disability benefits. However, this assumes that there is medical evidence to support the diagnosis. Furthermore, they must be able to show that they have not been able to work for the past 12 months or will not be able to over the next 12 months. An examiner will consider the impact that the injury has on an applicant's ability to obtain gainful employment.

A person who has bilateral frozen shoulders may be approved for benefits based on that impairment alone. However, others may need to show that other impairments along with a frozen shoulder make it difficult to obtain employment. A person's age, education and previous work history will likely be used to determine what type of work he or she may be able to do.

How breweries can better comply with OSHA rules

On behalf of Philip J. Fulton Law Office posted in Workers' Compensation on Monday, January 13, 2020.

Craft breweries in Ohio and throughout the country must generally adhere to safety standards set forth by the Occupational Safety and Health Administration (OSHA). However, there are some safety standards that breweries have historically had trouble staying in compliance with. For instance, those who are asked to clean silos, mash turns or kettles are typically working in what OSHA would consider to be a confined space.

A confined space is an area that is not designed for a person to spend a significant amount of time in. In some instances, a worker may need a permit to enter or exit a confined space. If a worker doesn't have the required permit, it could result in a citation. Citations could also be issued if a brewery lacks an atmospheric inspection or emergency rescue plan. Breweries may also be cited if they don't have a general workplace safety plan.

Does anxiety qualify for Social Security Disability benefits?

On behalf of Philip J. Fulton Law Office posted in Social Security Disability Benefits for Mental Conditions on Saturday, January 11, 2020.

The truth is there is rarely a claimant who attends a Social Security Disability hearing that does not suffer some degree of anxiety. People only file for Social Security Disability benefits when they are no longer able to work and worrying about how they will be able to pay for their living expenses. However, there are some types of severe anxiety that go beyond these concerns and worries and become medical conditions of their own.

Severe, documented anxiety disorders can qualify a person for Social Security Disability benefits. To convince the Social Security Administration, the applicant must show the disorder through hard evidence. Anxiety cannot simply be verbally diagnosed by the claimant.

Are headphones placing you at risk of a work accident?

On behalf of Philip J. Fulton Law Office on Thursday, January 9, 2020.

When you clock in at work in the mornings, you are probably not thinking about all of the ways you could possibly suffer an injury that day. Whether you work behind a desk all day or you have a job that involves heavy physical labor, there are potential hazards that could cause you harm. This is why safety standards and good practices are important in any type of workplace.

Sometimes, the most prominent safety hazards are those that involve the simplest things, such as wearing headphones in the workplace. Plenty of people do this, and you may do it yourself while you are completing your tasks. However, there are certain reasons why this is probably not a good idea, and this simple action could be increasing the chance of an accident in an Ohio workplace.

Thousands of SSD claimants could lose benefits

On behalf of Philip J. Fulton Law Office posted in Social Security Disability on Thursday, January 2, 2020.

The Trump Administration has proposed a new set of rules regarding continuing disability reviews for people receiving Social Security Disability benefits. The proposed changes have the potential to cut tens of thousands of recipients from the program.

As the rules currently state, a continuing disability review is performed on disability cases every three to seven years, depending on the claimant age and circumstances. They are placed into one of three categories, though the agency is currently proposing a fourth.

Complications in your pursuit of disability benefits

On behalf of Philip J. Fulton Law Office on Sunday, December 29, 2019.

If you applied for disability benefits, it is because you are unable to work due to a mental issue or a physical limitation. This is a direct threat to your financial stability, and it's important that you secure financial help. Once you complete your application and send in all of the appropriate paperwork, you may think that simply waiting for approval is all that's left.

However, it is usually not that easy. Many initial disability claims come back denied, and applicants have to take additional steps just to get what they need. This feels like a setback, but through appeals and other steps, you can continue your pursuit of financial support. It may help to learn about the various reasons why the Social Security Administration denies claims.

The key players in a Social Security Disability hearing

On behalf of Philip J. Fulton Law Office posted in Social Security Disability on Thursday, December 26, 2019.

By the time a Social Security Disability claimant finally reaches the hearing, their imaginations have had plenty of time to run amuck. Often, they walk into a hearing expecting to see a room full of people like they see on TV. They expect to see a judge and a slew of onlookers to make a judgment. However, this could not be further from the truth of what an SSD hearing looks like.

There will almost always be at least three people present in the room. They include the Administrative Law Judge, the claimant, and a hearing reporter who will record and transcribe the testimony. Usually, the judge is not there in person but appears by video. They will be seen and heard through a TV screen. If a claimant is represented by an attorney, they will also be present. With new technology in some law offices, the claimant and attorney may also appear by video from the attorney's conference room. In these cases, all videos are bridged together where all participants can see and hear each other.

What to expect in a continuing disability review

On behalf of Philip J. Fulton Law Office posted in Qualifying for SSD/SSI Benefits on Thursday, December 19, 2019.

Claimants who are granted Social Security Disability are not guaranteed those benefits for life, especially in the case of a child. Cases will be scheduled for what is known as a continuing disability review hearing. When that hearing will be scheduled depends on the medical circumstances.

By law, the Social Security Administration must schedule a case review at least every three years. In cases where medical improvement is reasonably expected, a hearing will be scheduled accordingly. Even in cases where no medical improvement is expected, a CDR must still be performed every seven years.

OSHA significantly increases safety compliance inspections

On behalf of Philip J. Fulton Law Office posted in Wrongful Death on Saturday, December 14, 2019.

In an effort to keep America's workforce safe, the Occupational Safety and Health Administration has increased the number of workplace inspections and compliance assistance. In 2019, the agency has performed more inspections than the previous three years, bringing the yearly total to 33,401. The inspections performed found violations related to multiple areas, including chemical exposure, trenching, silica, falls, and other hazards.

Through its safety training programs, a record 1,392,611 workers were educated on proper safety measures and health requirements. The goal is to help employers, especially small businesses, ensure a safe working environment for their employees.

Don't overlook work safety during the holiday season

On behalf of Philip J. Fulton Law Office on Thursday, December 12, 2019.

When you go to work, you have the right to a reasonable expectation of safety. This means you should know the things that could potentially cause you harm, but there are certain factors and hazards that may be more prominent during the holiday season. Holiday safety should be a priority in every type of workplace, no matter what type of job you have.

One of the primary safety concerns during the holidays is distraction. People are busy, stressed and worried about everything from family issues to money. They may carry these things over into the workplace, leading to a higher chance of an accident. Your Ohio employer should be vigilant about enforcing safety standards, and you may find it helpful to look for certain things that could pose a risk to your health and well-being.