Paul Giannetti Attorney at Law

July 2011

Social Security will not penalize a disabled claimant for attempting, unsuccessfully, to return to work.  Earnings during an unsuccessful work attempt are not considered by Social Security. In order for a work attempt to be deemed unsuccessful, it must not last longer than six months and the work in question must end because of the [...]

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Having represented injured workers exclusively for more than 12 years, the biggest regret clients have is waiting too long to contact an attorney.  Many people who have not been exposed to the system in our State assume that it will be a smooth ride but nothing could be further from the truth. Securing payment for [...]

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Medical Treatment Guidelines Still Intact

July 27, 2011

The Workers’ Compensation Board’s Medical Treatment Guidelines which went into effect on December 01, 2010 remain in effect. Unfortunately, the bill which sought to repeal the retroactive effect of the Medical Treatment Guidelines passed the House but did not make it through the Senate before they ended their session. It is possible that the Senate [...]

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New York State’s Medical Treatment Guidelines: Pre-Authorization

July 26, 2011

Under the New York State Workers’ Compensation Board’s Medical Treatment Guidelines, pre-authorization is not needed for various modalities of treatment specifically referred in the Guidelines.  However, certain procedures have been enumerated under Section A.14 of the Guidelines and specifically require pre-authorization.  These procedures are listed below: Lumbar Fusion Artificial Disk Replacement Vertebroplasty Kyphoplasty Electric Bone [...]

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Bill To End Retroactivity Of Medical Treatment Guidelines Passes Assembly

July 25, 2011

Recently, a bill to end the retroactive application of the Medical Treatment Guidelines under the New York State Workers’ Compensation Law has passed the Assembly.  The bill is now headed to the Senate for consideration. All injured workers who sustained injures before 12/01/10 are hoping that the Guidelines are struck down.  The Medical Treatment Guidelines [...]

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The Power Of The Workers’ Compensation Law Judge In New York State

July 24, 2011

Under the New York State Workers’ Compensation Law, to be upheld upon appeal, a Law Judge’s decision needs only to be supported by “substantial evidence.” The substantial evidence threshold accounts for affirmation of the vast majority of decisions which are appealed.  These decisions are affirmed because it is difficult to show that a Judge’s decision [...]

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Before You Accept A Final Award…

July 20, 2011

If you have a New York State Workers’ Compensation case and have been offered a final settlement or schedule loss of use award by an insurance company or have received some type of official notice from the Workers’ Compensation Board regarding permanency or settlement it is probably time to consult with an attorney. The last [...]

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Cancer And Social Security Disability Benefits

July 17, 2011

Some people are under the assumption that a diagnosis of cancer automatically entitled them to a finding of disability under the Social Security Law.  This is not necessarily true. Certain types of cancer supported by specific findings and characteristics may meet one of Social Security’s impairment listings.  If the specific form of cancer and its [...]

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Social Security: Step 5: Ability To Perform Any Other Work

July 15, 2011

At Step 5, the Social Security Judge will consider whether or not the claimant’s residual functional capacity will permit him or her to perform any other work given their age, work experience, and education level. In order for Social Security to determine that there is “other work” available, it must be shown that the specific [...]

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Social Security: Step 4 RFC And Past Relevant Work

July 15, 2011

Residual Functional Capacity or RFC is next determined by the Judge.  RFC is a claimant’s ability to do both physical and mental work activities on a sustained basis.  All impairments will be considered in determining RFC. After the specific RFC is determined the analysis turns to whether or not the claimant can perform the requirements [...]

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