Working Like a Dog and Helping Those with Disabilities

In honor of the upcoming National Dog Day on August 26, we’d like to show our appreciation for the furry friends that hold a special place in some of our clients’ heart—service dogs.

A service dog is one that is “individually trained to do work or perform tasks for people with disabilities,” according to the Americans with Disabilities Act. These dogs are not pets, but they can provide the same love and support that other animals can. When most people think of service dogs, they think of guide dogs that assist the blind, but there are a number of other disabilities that these dogs are trained to assist with such as: mental illness, post-traumatic stress disorder, epilepsy, and most recently, autism.

Researchers at the Sam and Myra Ross Institute at Green Chimneys are studying the effects service dogs have on children with autism in group therapy sessions. So far, they’ve noticed that the children are more eager to attend therapy, which could help them get more from the sessions.

The Mandell family, who was recently profiled by The Star Ledger, have seen the benefits a service dog can have firsthand ever since a Labrador retriever named Hagrid entered their lives two years ago.

Jennifer Mandells’ 7-year-old son Sam was diagnosed with severe autism at 18 months. Sam would not communicate and was prone to run off. Once Hagrid became a member of the Mandell family, there were noticeable improvements in Sam.

A service dog that assists a child with autism wears a vest that is also connected to the child by a

belt. The dog is trained to anchor itself if it feels a pull so the child does not run. Over time, it has been shown to reduce the behavior. The dogs also can help autistic children with socialization skills. The service dog’s calming presence may minimize emotional outbursts and help the child participate more in group activities, according to Autism Service Dogs of America.

We want to thank the dedicated service dogs that improve some of our clients’ quality of life. We are always concerned with making our clients as comfortable as possible, and we are incredibly grateful to the four-legged companions that can ease some of their worries.

To learn about some of the other disabilities service dogs assist with, check out this list from Buzzfeed, which features eight different service dogs.

Partner Tom Giordano, Jr. and Director of Operations Shawn Lehocky Accept the ALS Ice Bucket Challenge

Oprah, Jimmy Fallon, Justin Timberlake and Pond Lehocky all have something in common—they’ve accepted the Ice Bucket Challenge. Partner Tom Giordano, Jr. and Director of Operations Shawn Lehocky took the icy plunge to raise awareness and money for ALS. The partners generously donated money to the cause along with Tom and Shawn.

ALS, also known as Lou Gehrig's disease, is a progressive neurodegenerative disease that affects nerve cells in the brain and the spinal cord, according to The ALS Association. The degeneration of the nerves leads to loss of muscle control, which could eventually result in complete paralysis.

The Ice Bucket Challenge was created to raise funds and awareness for ALS research. If you’re challenged, you can: a.) accept the challenge, record yourself pouring ice water over your head, post it to social media then challenge someone else to raise awareness, b.) make a donation to an ALS charity—or the best case scenario—c.) do both.

All the icy water seems to be warming up the donation pool. As of yesterday, August 21, 2014, The ALS Association has raised $41.8 million in donations. At the same time last year, the organization only received $2.1 million. The ALS Association has also seen a rise in donors with more than 700,000 new donors to the organization.

Raising money for ALS research is a cause that is especially near and dear to Tom’s heart. As head of the Social Security disability department, some of his clients are affected by ALS, and his uncle passed away from the disease in 1991. Tom and Shawn took on this challenge in honor of Tom’s uncle and our clients that suffer from ALS, and now they challenge you all to fill up those buckets and lighten your wallets to support ALS.

The 5 Biggest Myths about PA Workers’ Comp

Last week we mythbusted Social Security Disability, and this week we’re tackling Pennsylvania workers’ compensation. Here’s five key things you should know the truth about when it comes to a workers’ comp claim.

1. You can be fired for filing a claim. False. It’s against the law for your employer to fire you because you file a workers’ compensation claim. They are not required to hold your position though if you are out on disability for an extended period. 

2. It doesn’t matter how long you wait to tell your employer that you’ve been injured, as long as you tell them. False.You must report your injury to your employer within 120 days. After that, you become ineligible to receive benefits. If you inform your employer of your injury within 21 days, you can be awarded benefits as of the date of your injury. Beyond 21 days, you can only be awarded benefits as of the date you report your injury. Keep in mind that there may be some circumstances where you are not even aware you have an injury, such as carpal tunnel or a serious illness. In these circumstances, it is important to report your condition as soon as your doctor gives you a diagnosis and relates it to your employment. You have three years from the date of an injury to file a claim petition if your claim is initially denied.

3. A pre-existing injury can prevent you from getting workers’ compensation. False. You can still be eligible for benefits if you can show that your job duties have aggravated, reactivated or accelerated your condition. So if you have arthritis and over time it’s gotten worse because of your job, you may be eligible for workers’ comp.

4. You can never choose your own doctor for treatment. False. You must treat with one of the doctors your employer provides for 90 days if sign a document called a panel acknowledgement. You must have signed this document when you were hired and immediately after your injury. After the 90 days though, you are free to treat with any doctor. If you did not sign a panel acknowledgement and your employer did not provide a list of at least six doctors, you are free to treat with any doctor.

5. It’s easy to get benefits without a lawyer. False. Most likely your employer and its insurance company will have an experienced workers’ comp attorney on their side. Also, insurance companies can be very unhelpful at times because they may provide you with wrong or conflicting information so having a knowledgeable lawyer will put you at an advantage.

Navigating the path to receiving workers’ comp benefits can be tricky, but the attorneys at Pond Lehocky have more than 75 years of experience fighting for workers’ rights. If you have been injured on the job, call us today at 215-568-7500 and let us help you get your life back. 

Mythbusting Social Security Disability

There are many misconceptions about Social Security disability insurance (SSDI) that have infiltrated the public’s understanding of the program. We are going bust these myths and ensure you have the correct information when it comes to SSDI.

1. SSDI is a government handout. False.
SSDI is an insurance policy that workers have earned. In each paycheck you receive, a percentage is taken out that goes straight to the Social Security Disability Trust Fund. If you become injured and cannot work, you’ve invested in a policy to help you financially during that time.

2. It’s easy to get SSDI. False.
There are strict guidelines set out by the Social Security Administration (SSA) that applicants must meet. In fact, most are denied on their initial applications—nearly 70 percent. Having an experienced disability lawyer on your side to assist you in filing or appealing your application helps your chances of receiving SSDI.

3. Most people that have disabilities are elderly. False.
People of any age can become disabled. More than one-in-four 20-year-olds insured for disability benefits become disabled before their retirement age.

4. People abuse the system because payments are high. False.
In 2014, the average monthly disability benefit payment was $1,146. This yearly income barely allows recipients to live above the poverty level. Though the payments are modest, they can make a huge difference to those who cannot work.

5. The same number of people are receiving SSDI as in years past. False.
Actually more people are, but there are two reasons why. Baby boomers reached their peak disability ages from 1990-2011 and more women have joined the workforce.

6. There is a lot of fraud within the system. False.
The SSA has implemented many measures to ensure that those who require SSDI are the ones benefitting from the system. These methods are so effective that less than 1 percent of cases that are found fraudulent.

Many of our clients rely on SSDI to help them get by after they become disabled. They have worked consistently their whole lives and unfortunately cannot work anymore because of a disability. We think it’s crucial that people understand the truth about SSDI and how it can help hardworking Americans during their time of need.

If you cannot work because of a disability, let Pond Lehocky help you get the benefits you deserve by calling us at 215-568-7500 today.

Removing Disability Stigmas Through Fashion

A purple cane and a petition are fueling Liz Jackson’s mission to make those with disabilities feel more comfortable. She’s started a petition to get retail giant J.Crew to sell stylish canes through its partner line In Good Company to help remove the stigma that surrounds assistive devices. 

Liz was diagnosed with CIPD two years ago. It is a neurological disorder characterized by progressive weakness and impaired sensory function in the legs and arms, which is why she requires a cane to walk. She documents her progress through her blog, The Girl with the Purple Cane.

Liz began this campaign because she realized that some assistive devices are more mainstream than others. Glasses are assistive devices and they have become a fashion commodity. They come in all shapes, sizes and colors to match any outfit. Liz hopes the same thing happens with canes too, something that was once a fashionable accessory. By fusing assistive devices with fashion, those who require these products can feel more comfortable and confident. 

So why J.Crew? Liz feels that it is a major label that can impact a huge group of people. She believes seeing a model holding a cane as a teenager would have boosted her confidence immensely. Also, the company’s president and creative director, Jenna Lyons, uses a prosthetic. She was born with incontinentia pigmenti, a genetic disorder that can cause skin scarring, loss of hair and malformed teeth; she and wears dentures as a result. With such a personal connection to assistive devices from the company’s top dog, J. Crew seems like the perfect outlet for this idea. 

Many of our clients require help from assistive devices like these because of a debilitating disability or work injury. Like Liz, we respect any effort to improve the lives of disabled individuals—both long and short term—and work with them to regain their spirit while promoting their interests. To learn more about Liz’s campaign and to sign her petition, click here. 

Shedding Light on Skin Cancer During UV Safety Month

July is the month that invokes memories of trips to the shore, the feel of increasingly hot temperatures and the traditions for celebrating America’s birthday. It should also bring to mind the smell of sunscreen as July is UV Safety Month.

Skin cancer is the most common form of cancer in the United States, according to the Centers for Disease Control and Prevention. Those that work outside during peak hours are at risk for developing skin cancer if the correct precautions are not taken.

First and foremost, use sunscreen. Even when it’s cloudy out those UV rays can still cause damage to your skin. Be sure that it is a broad-spectrum sunscreen that blocks both UVA and UVB rays and is at least SPF 15. Follow the instructions on the bottle to ensure you’re reapplying on time.

If possible, limit your exposure to the sun during its peak hours from 10 a.m. to 4 p.m. You can check the UV index wherever you are with the Environmental Protection Agency’s UV Index tool.

Wear protective clothing such as long-sleeved shirts, pants, hats and UV-resistant sunglasses.

There are plenty of other tips and an IQ quiz about UV safety at the Federal Occupational Health’s website. 

Fourth of July Sparks Safety Concerns

The fourth wouldn't be complete without grills blazing, heaping servings of apple pie and Technicolor fireworks painting the sky, but these fiery holiday traditions can pose a danger to those in the pyrotechnic industry who create the celebratory displays we enjoy.

Last week, an explosion at a fireworks facility in Washington state killed one worker and injured two others, while another recent incident caused a worker to suffer fatal burns .The Occupational Safety and Health Administration (OSHA) urges employees in the fireworks and pyrotechnic industries to be conscious of the hazards from manufacturing, storing, transporting, displaying and selling fireworks for public presentations, especially in light of these two recent events.

OSHA offers downloadable safety posters that employers within these industries can post. They detail various precautions to take when handling fireworks and common solutions for the retail sales of fireworks and for creating fireworks displays. They can be found here. It also offers an educational video about safety in the manufacturing and retail sales of fireworks, which can he viewed here.

Pond Lehocky Stern Giordano wishes everyone a festive and safe Fourth of July, and we thank those who create the luminous shows we all enjoy. 

Fourth Annual PTSD Awareness Day Provides Education About Disorder

Today, June 27, 2014, marks the fourth annual Post-Traumatic Stress Disorder (PTSD) Awareness Day. According to the Diagnostic and Statistical Manual of Mental Disorders, PTSD is a disorder that results from exposure to a traumatic event and includes symptoms from each of the four clusters: intrusion, avoidance, negative alterations in cognition and mood, and alterations in arousal and reactivity.

The National Center for PTSD estimates that 7-8 percent of the population will experience PTSD at some point in their lives. Join The National Center for PTSD in raising awareness for the disorder and effective treatment methods. There are numerous educational materials available on its website.

Social Security disability is available to those with PTSD that qualify. Pond Lehocky Stern Giordano believes that you should receive the benefits you deserve. Let us help you collect your Social Security disability by calling us today at 800-568-7500.

OSHA Releases Game-Like Safety Training for Business Owners

Safety isn’t taken lightly by business owners, but now it’s a game. With the Occupational Safety and Health Administration’s (OSHA) new interactive training game, business owners can explore common safety hazards in manufacturing and construction industries, and learn about ways to reduce them.

The training tool lets users play as the business owner or the employee as they explore three different scenarios: “OSHA Visual Inspection Training,” “Manufacturing Facility,” and “Construction.” The game leads players through the important steps in the hazard identification process including: information collection, observing the workplace, investigating incidents, employee participation and making hazards identification a priority.

Pond Lehocky Stern Giordano applauds OSHA for developing such an informational tool and urges business owners to play and learn. The game can be found here. OSHA also provides a game trailer to preview the tool, which can be found here.  Any means to prevent and educate employers and employees about workplace accidents is crucial to ensuring workplace safety. 

National Fall Prevention Stand-Down Aims to Lessen Work Injuries

Tomorrow is the last day to join in a National Fall Prevention Stand-Down from June 2 -6 to help prevent falls in construction. According to the Occupational Safety & Health Administration (OSHA), in 2012 about 35 percent of fatalities were caused by falls from elevation. All of which were preventable by ensuring safety standards.

A stand-down is an event where employers discuss methods of preventing accidents and reducing hazards. OSHA, along with its partners, urges employers’ trade associations, federal, state and local governmental agencies, professional societies, institutes, and consumer/labor-management interest organizations, sub-and independent contractors to participate in stand-downs to prevent potential injury or death. Certificates of participation are available here upon completion of the stand-down.

OSHA also offers numerous fall prevention resources here that can be used to educate participants during the stand-down.

While injuries can be prevented, they still occur. Pond Lehocky believes that workers should be well-informed about ways to prevent falls and that this knowledge should be provided by the employer. If you are injured on the job because of a fall, Pond Lehocky is to help.  Call us today at 800-568-7500.

Good News for American Workers, Whistleblower Protection Advisory Committee Will Be Re-established

The U.S. Department of Labor’s Secretary of Labor Thomas Perez recently announced that the charter of the Whistleblower Protection Advisory Committee (“WPAC”) will be re-established.   WPAC advises the Department of Occupational Safety & Health Administration (“OSHA”) on ways to ensure the effectiveness, transparency, and protection of whistleblowers.  By continuing to obtain advice from worker advocates, labor experts, attorneys, and workers, WPAC will be able to further improve the regulations governing whistleblowing and the cooperative activities between OSHA and other government agencies. 

As a firm specializing in workers’ compensation, Pond Lehocky sees the effects of dangerous, unreported work hazards every day.  We hope the renewal of the activities and powers of WPAC will help to decrease accidents in dangerous workplaces. 

To read the full news release, please click here.

Social Security Updates Policy on Chronic Fatigue Syndrome in New Social Security Ruling

Earlier this month, the Social Security Administration released a new Social Security Ruling (“SSR”) updating its evaluation criteria for disability cases involving Chronic Fatigue Syndrome (“CFS”).  As the etiology of this debilitating illness is unclear and it is more subjective than some other physical conditions, proving CFS in disability claims was sometimes more difficult than other conditions.  The new ruling, SSR 14-1p, primarily adopts the Center for Disease Control (“CDC”) definition of CFS and specifies the medical signs, laboratory findings, and additional criteria for diagnosis.   Additionally, the ruling lays out the documentation required for a disability claim involving CFS, how CFS is considered in the five-step sequential evaluation process every disability claim goes through, and how a person with CFS is found disabled.   

Pond Lehocky believes that this additional, clarifying information will help applicants for disability benefits suffering from CFS.   By removing some ambiguities within the law that provided opportunities for these claims being denied, SSR 14-1p provides the framework for these claims to be argued more successfully. 

You can read the full ruling, which replaces SSR 99-2p, here. 

Governor’s Award for Safety Excellence

Pond Lehocky believes that every worker should know their rights in the workplace and their workers’ compensation protections, should they ever be injured on the job.  However, it is our hope that employers do their best to ensure that every work environment is safe and secure for each of its employees.  

In Pennsylvania, the Governor’s Award for Safety Excellence honors outstanding prevention programs and the collaborations between management and employees that make the programs successful.  If you are proud of a safety and prevention program in your workplace which reduces employee injuries and provides financial and other benefits to the company you work for, you can nominate your company for the award by clicking here. 

Award nominations are due by June 1, 2014.  

Jerry Lehocky Honored with "Good Guy Award"

On Saturday, April 12, founding partner Jerry Lehocky was honored with the “Good Guy Award” at the 2014 Pennsylvania Golden Gloves Tournament hosted by Joe Hand Boxing Gym.  

Since its founding in 1983, the Joe Hand Boxing Gym has been a safe haven for kids to learn about boxing, but also to better themselves academically.  The facility includes a computer lab, complete with instructors, for children to study and finish their homework.  Proceeds from the Golden Gloves Tournament will support Joe Hand’s operations of these important community resources.   

At the event, Joe Hand recognized distinguished Philadelphians whose work aligns with the objectives of the Joe Hand Boxing Gym and Computer Lab and who have also made extraordinary efforts to the community.  Jerry Lehocky’s work as a champion of labor as well as his political activism as the President of The Pennsylvania Association for Justice, demonstrate his deep civic commitment.   Pond Lehocky is proud of Jerry for receiving this high honor!

Tips to Help Your Social Security Disability Claim

If you are unable to work due to a medical condition, you may qualify for Social Security disability benefits from the Social Security Administration (SSA). While you may meet the eligibility requirements, the process of filing for benefits and obtaining approval from the SSA can be very long and complex, so it is important to avoid certain pitfalls that can derail your claim. Here are four tips to follow to ensure that your disability claim stays on the right track:

• Be sure to allege all of your medical problems in your disability application, including mental conditions. Sometimes it may be possible to obtain disability payments for a combination of impairments that wouldn’t qualify for benefits individually. Mental impairments like anxiety or depression often accompany physical conditions in many applicants.
• See a doctor for your medical condition. The SSA won’t be easily convinced that your condition is severe enough for disability benefits if you haven’t seen a doctor and are not receiving treatment. However, there are acceptable reasons for not seeking treatment, including being unable to afford it and not having access to free or low cost medical services. But if you are able, seeing a healthcare practitioner will provide valuable evidence of the severity of your condition that will help your disability claim. Accordingly:
• Take medication as prescribed by your doctor. When evaluating your claim, the SSA will look to ascertain whether or not your condition is severely limiting. If you neglect to comply with your doctor’s prescribed treatment recommendations, the SSA will likely conclude that your condition is not as serious as you have asserted.
• Don’t assume that you can’t afford to hire an attorney to help you with your claim. You’ll never owe our disability lawyers a fee unless we are successful in obtaining benefits for you. Due to the lengthy, complicated process of applying for disability, having an experienced attorney fighting for you throughout your case can mean all the difference between approval for benefits and the denial of your claim. Regardless of your current financial situation, we can help you: contact our firm today.

What Should I Do After Getting Injured on the Job?

Question: I've just been injured on the job. What should I do now?

Answer: It is extremely important to report your injury to your supervisor or employer immediately. Be sure to include the date, time, and circumstances of your injury. As long as you were not doing anything illegal, your injury will likely be covered by workers’ compensation, so do not hesitate to report it – even if you feel it may be your fault.

If you develop a job-related health condition that manifests over time (such as mesothelioma or a repetitive stress injury like carpal tunnel syndrome), you should report the condition as soon as you receive a diagnosis and you learn that the condition is related to your employment.

After you report your injury, you may want to consider hiring a workers’ compensation attorney to help you with you claim. Serious work-related injuries or illnesses and the litigation process are all situations that generally require legal representation. If you have been injured, contracted a work-related illness, or believe that you have been treated unfairly, contact an attorney today.

Can You Receive Social Security Disability and Workers’ Compensation Benefits at the Same Time?

It is possible to receive Social Security disability and workers’ compensation benefits at the same time. However, workers’ compensation and other public disability benefits may reduce Social Security disability benefits.

When someone is eligible for both workers’ compensation and Social Security disability benefits, the state may modify or “offset” the Social Security benefit. It can be beneficial to contact an attorney to see how workers’ compensation or other benefits could affect your Social Security disability payments. Importantly, reporting receipt of workers’ compensation is one of your responsibilities when receiving disability.

In addition, as Social Security disability payments are frequently insufficient to cover all of a person’s living expenses, it’s important to collect all the other benefits to which you may be entitled, and, if you are able, even try to supplement your income with part-time employment (but take care not to earn more than what would be considered substantial gainful activity by the Social Security Administration). Again, an attorney can be extremely helpful in advising the best course of action for you throughout your unique claim. Contact us to learn more about Social Security disability benefits and workers’ compensation.

Social Security Adds New Compassionate Allowances Conditions

This week, the Social Security Administration (SSA) announced 25 new conditions that will be included in its Compassionate Allowances Program. Among the new conditions are a dozen cancers, as well as disorders that affect the digestive, neurological, immune, and multiple body systems. The additions bring the total number of Compassionate Allowances Conditions to 225.

The Compassionate Allowances program identifies claims where the applicant’s disease or condition clearly meets Social Security’s statutory standard for disability. The goal of the program is to expedite disability decisions for Americans with the most serious disabilities to ensure that they receive their benefit decisions within days instead of months or years. According to the SSA, almost 200,000 people with severe disabilities have been approved to date through this fast-track disability process.

The new Compassionate Allowances conditions are:

• Angiosarcoma
• Atypical Teratoid/Rhabdoid Tumor
• Chronic Idiopathic Intestinal Pseudo Obstruction
• Coffin- Lowry Syndrome
• Esthesioneuroblastoma
• Giant Axonal Neuropathy
• Hoyeaal-Hreidarsson Syndrome
• Intracranial Hemangiopericytoma
• Joubert Syndrome
• Leptomeningeal Carcinomatosis
• Liposarcoma- metastatic or recurrent
• Malignant Ectomesenchymoma
• Malignant Renal Rhabdoid Tumor
• Marshall-Smith Syndrome
• Oligodendroglioma Brain Tumor- Grade III
• Pallister-Killian Syndrome
• Progressive Bulbar Palsy
• Prostate Cancer – Hormone Refractory Disease – or with visceral metastases
• Revesz Syndrome
• Seckel Syndrome
• Sjogren-Larsson Syndrome
• Small Cell Cancer of the Thymus
• Soft Tissue Sarcoma- with distant metastases or recurrent
• X-Linked Lymphoproliferative Disease
• X-Linked Myotubular Myopathy

For more information about the Compassionate Allowances Program, including a list of all of the conditions, you can visit www.socialsecurity.gov/compassionateallowances. Additionally, you can always contact us with any questions about a Social Security disability claim.

Three Important Things to Know if You are Injured at Work

If you’ve been injured at work, it can be a stressful experience. Not only do you have to deal with the injury itself, but the prospect of missing time from work and suffering a wage loss for an extended period can put your financial security in doubt. Fortunately, workers’ compensation benefits can provide a much needed recourse during this straining time. Here are three things to know if you are injured on the job:

• Report every work injury to your supervisor or employer. Though it may seem admirable to attempt to tough it out, not reporting an injury may hurt or ultimately bar a claim for workers’ compensation later on.
• Tell your medical provider that your injury is work related. As a result, your medical bills will be sent to your employer.
• You may need a workers’ compensation lawyer to help you get the benefits you deserve. Workers’ compensation law can be complex and confusing, and your employer may try to resist paying you benefits. That’s why it’s often crucial to enlist the help of an experienced workers’ compensation attorney to aid you with your claim. At Pond Lehocky Stern Giordano, our attorneys are highly experienced, handle various types of workers’ compensation cases, and are tireless advocates for workers’ rights. We’ll fight for you throughout every step of your workers’ compensation claim, so contact us now.