Paul Giannetti Attorney at Law

The Social Security Presumption Bill

May 7, 2012

For New York State Workers’ Compensation claimants this piece of pending legislation would help those compensation claimants who have already been approved for Social Security Disability benefits.

The pending bill would require the Workers’ Compensation Board to find that a worker who has been approved for Social Security Disability benefits is therefore totally disabled under Workers’ Compensation Law.

Currently, many if not most, of the Social Security Disability recipients who also get Workers’ Compensation are receiving permanent partial disability benefits but not total disability payments.

Adoption of this bill would guarantee a fair result to those compensation claimants whose injuries are severe enough to qualify them for Social Security Disability. It would also serve to drastically reduce the amount of unnecessary litigation before the Workers’ Compensation Board to address issues including labor market attachment and loss of wage earning capacity.

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