Malignant mesothelioma is one of the more difficult diseases that doctors, patients, and families have to face. It is almost always caused by inhalation of asbestos fibre many years before presentation. Diagnosis can be difficult, there is little hope of a cure, and the disease has the potential for extremely unpleasant symptoms.
The incidence is increasing rapidly and the position of mesothelioma in the league table of cancer related deaths is rising. However, few doctors have managed sufficient numbers of patients to have acquired comprehensive clinical experience of the disease. Furthermore, the relative rarity of the condition and lack of extensive research mean that clinicians do not have reliable evidence on which to base their practice.
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Wednesday, September 4, 2013
Statement on malignant mesothelioma in the United Kingdom
What's Your Labor Worth? For Most of Us, Less Than It Was in 2000
 A confused man, holding a pen, sitting amidst piles of binders (Of course, since Labor Day is a national holiday, the makes the first Monday in September a prime date for merchants hoping to attract customers -- a factor that doesn't work out all that well for the estimated 11 percent of American workers employed in retail sales.) So, as we honor America's workers, we're taking a peek at some of the factors, good and bad, affecting American labor. |
One Claim Going OTOC
| By now you've likely heard of this claimant fraud case as reported in the San Diego County News Yolandi Kohrumel, 35, went to work for Staples about 10 years ago. After three months on the job she claimed a box fell on her big toe and broke it. She received treatment and benefits. But the big toe is connected to the foot bone, which is connected to the leg bone, which is connected to the hip bone, which is connected to the back bone.... An EAMS search on her claim reveals wrist, back, lower extremities, nervous system and "other body systems" claimed. The party service list is filled with very familiar names to those who do workers' compensation litigation in Southern California. Eventually Kohrumel even got approval for 24 hour care, provided for, of course, by relatives - her husband at first and then her father. You get the picture. Claim out of control. Which means either something is REALLY wrong with this lady, or it's fraud. The claims administrator, ESIS, followed the law and did what it could to dispute elements of the claim that didn't add up - such as the 24 hour care provided by her South African husband who did not have a work permit (so dad stepped in to "provide care"). Surgeries, pain pills, lots of doctors, crutches, wheelchairs, lots of TTD payments. She even convinced the claims administrator that she needed a bigger place to live for her wheelchair access and the administrator went for it. Well, that became Kohrumel's undoing because the... |
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Avoidable Deaths from Heart Disease, Stroke, and Hypertensive Disease — United States, 2001–2010
The US CDC reports that deaths attributed to lack of preventive health care or timely and effective medical care can be considered avoidable. In this report, avoidable causes of death are either preventable, as in preventing cardiovascular events by addressing risk factors, or treatable, as in treating conditions once they have occurred. Although various definitions for avoidable deaths exist, studies have consistently demonstrated high rates in the United States. Cardiovascular disease is the leading cause of U.S. deaths (approximately 800,000 per year) and many of them (e.g., heart disease, stroke, and hypertensive deaths among persons aged <75 years) are potentially avoidable.
9/11 Claim Fund Countdown To The October 3, 2013 Deadline
Zadroga 9/11 Claim Fund Countdown
"The Victims Compensation Fund (VCF) was originally established by Congress in 2001. It was designed to bring financial relief to those most devastated by the events of September 11, 2001. The original VCF provided compensation to eligible individuals who were physically injured as a result of the terrorist attacks and the beneficiaries and families of individuals killed as a result of the terrorist attacks. The original VCF operated from December 2001 until June 2004.
"On January 2, 2011, the President signed the Zadroga Act into law. Title II of the Zadroga Act amends the original 2001 Act and reopens the VCF. The new VCF expands the eligibility rules so that more individuals can now receive compensation. The new VCF now provides compensation to eligible individuals who were present at the crash sites or locations of debris removal from September 11, 2001 through May 30, 2002. (The original VCF provided compensation only for persons who were present in the 96 hours following the attacks).
"The new VCF will be open to receive claims for five years (beginning October 3, 2011). However, the deadline for filing your claim is two years after you learn of your physical harm. That means that if you knew about your harm before October 3, 2011, you must file your claim before October 3, 2013. If you learn of your physical harm after October 3, 2011, your deadline to file is two years after the date on which you learned of the harm. To meet this deadline, the VCF must receive your complete Registration Form within the relevant two-year window if you submit your claim online. If you choose to submit your claim in hardcopy, the VCF must receive your Eligibility Form, even if not complete, within the relevant two-year window. Congress appropriated $2.775 billion for the new VCF and authorized the VCF to distribute $875 million of that amount during the first five years of operations.
"Your participation in the VCF is voluntary. If you choose to make a claim with the VCF, you waive your right to bring a lawsuit to recover for any injuries you claim as a result of the attacks.
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For over 4 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.
Read more about the Zadroga 9/11 Health Claim Fund
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For over 4 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.
Read more about the Zadroga 9/11 Health Claim Fund
Oct 19, 2012
The lawmakers wrote in a September 28th letter to OMB Acting Director Zients, “[W]e all agree that applying sequestration to these two programs [established by the James Zadroga 9-11 Health and Compensation Act] does ...
Feb 16, 2011
On January 2, 2011, President Obama signed the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and financial compensation for victims, responders, and ...
Jun 21, 2011
"The James Zadroga 9/11 Health and Compensation Act of 2010 reopens the September 11th Victim Compensation Fund of 2001 to provide compensation to those who were physically injured or who died in the immediate ...
Feb 24, 2011
The study may significantly increase the potential benefits that utility workers may obtain under the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and ...
Tuesday, September 3, 2013
Media Portrays Social Security as an Avenue to Benefits for the Unemployed - WRONG! It's Not That Simple...
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| The Social Security Administration turns down many worthy applicants when they first apply. |
Today's post comes from guest author Susan C. Andrews, from Causey Law Firm.
There is a lot in the news these days about the Social Security Disability Program, with some pundits suggesting people are getting on benefits simply because they are unemployed, or because they claim to be injured or ill when in fact they are able-bodied and fully capable of working. Every day, all day, I work with people filing for Social Security Disability benefits. So I work with the program’s rules - yes, there are rules for deciding these cases – it is not enough just to claim to be disabled. And I come face to face with individuals who are struggling, sometimes with a major health issue such as cancer, or rheumatoid arthritis, or Multiple Sclerosis. Other folks have multiple health problems that have combined to force them from the labor market. All of them have medical records, often reams of them, documenting diagnoses, chronicling surgeries and other treatment regimens. This is one big thing I think the general public does not know: a person must have one or more diagnoses from a qualified physician that could account for the symptoms and limitations he or she is reporting to Social Security. There must be convincing medical documentation. Much of my day is spent obtaining and reviewing the medical records of my clients, and ensuring that the decision-makers at Social Security also see them....the medical condition must be not only serious, but also prolonged.Many people are not familiar with Social Security’s definition of disability or the program’s rules, so they do not realize that the disabling medical condition or conditions must be serious enough to have prevented the person from working for AT LEAST 12 continuous months. If the individual has not yet been out of the labor market for a period of at least one year, it must be very clear that this will be the case. In situations where there is doubt about this, Social Security typically turns down the claim. I have had callers who have been unable to work for a few months while going through chemotherapy treatment for cancer, but have been able to get back to work in less than one year. They do not qualify for Social Security Disability benefits. So the medical condition must be not only serious, but also prolonged.
One broadly held belief about Social Security Disability is, in fact, true: The Social Security Administration turns down many worthy applicants when they first apply. It is necessary to appeal (the first appeal is called a Request for Reconsideration). Often, a second denial follows. Then it is necessary to request a hearing in front of a judge. For a person who is too sick to work, not feeling well, and home alone trying to navigate this system, it can be daunting. One of the joys of my practice is our capacity to lend support to such individuals, to take the reins of the case and drive it forward, so my client can concentrate on taking care of herself or himself while I and my staff handle the legal stuff.
We are able to offer representation to people at any stage in the process, including initial application. We are happy to talk with callers who are weighing their options, and simply need information in order to know whether to apply for benefits in the first place. There is no charge for such calls, so do not hesitate to contact us if you have questions about Social Security Disability.
Photo credit: Thomas Hawk / Foter.com / CC BY-NC
Love for Labor Lost
It wasn’t always about the hot dogs. Originally, believe it or not, Labor Day actually had something to do with showing respect for labor.
Here’s how it happened: In 1894 Pullman workers, facing wage cuts in the wake of a financial crisis, went on strike — and Grover Cleveland deployed 12,000 soldiers to break the union. He succeeded, but using armed force to protect the interests of property was so blatant that even the Gilded Age was shocked. So Congress, in a lame attempt at appeasement, unanimously passed legislation symbolically honoring the nation’s workers.
It’s all hard to imagine now. Not the bit about financial crisis and wage cuts — that’s going on all around us. Not the bit about the state serving the interests of the wealthy — look at who got bailed out, and who didn’t, after our latter-day version of the Panic of 1893. No, what’s unimaginable now is that Congress would unanimously offer even an empty gesture of support for workers’ dignity. For the fact is that many of today’s politicians can’t even bring themselves to fake respect for ordinary working Americans.
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