Many claimants file for disability because they suffer from depression. Others, due to ongoing chronic pain or other symptoms, may became depressed and although depression may not be their main problem, it may become part of their social security disability claim. If you notice symptoms of depression because of your medical, and financial situation, you should seek treatment. SSA may set a consultative examination to evaluate the impact of your mental status on your ability to work.
What to Expect from A Social Security Disability Psychological Exam?
There is a range of testing for mental consultative exams, including a full psychiatric exam and a social security disability psychological exam which is essentially an IQ test. Very often, however, a claimant who has listed depression or anxiety on a claim will be sent to an abbreviated form of exam, known as a social security disability mental status exam.
A social security disability mental status exam will include data regarding your appearance, the way you speak, apparent physical limitation, your ability to sustain eye contact, how well you remember things, your concentration. They will also ask a claimant the date, time and place of the social security disability mental status examination. They will also evaluate your ability to interpreter proverbs and your ability to deal with social situation.
Can You Get Social Security Disability for Depression?
Can your social security disability be granted based on a mental status exam? Likely not. However, that does not mean that a claimant who is sent to a mental status exam cannot be approved. Sometimes, psychological testing is scheduled simply to obtain recent additional medical evidence and in many cases the existing medical evidence is sufficient to warrant an award of benefits.
For this reason, individuals who file for social security disability on the basis of depression, or, really, any mental impairment, should strive to maintain a record of continuous and ongoing treatment. They should also stay compliant with their prescribed medications as a failure to do so may contribute to the basis for a denial.
Contact a Social Security Disability Attorney
If you need help on social security disability psychological exam in Ohio, Call our social security disability attorneys today.
Business First of Columbus – by Cindy Bent Findlay For Business First
Friday, December 8, 2006
The law is clear on many wage-and-hour employment issues, but it seems many employers are still confused. And lawyers are becoming
more aware of the potential for recovery after a few well-publicized, large settlements and awards in class-action wage-and-hour cases.
As a result, class-action and collective wage-and-hour lawsuits are proliferating rapidly in federal and state courts, say attorneys for
employees and employers.
“I don’t think there is any increase in instances where employers are running afoul of these statutes. I’d say lawyers are getting a better
understanding of individuals’ rights,” says Bob DeRose, a partner at Barkan Neff Handelman Meizlish LLP in Columbus.
DeRose, a plaintiffs’ attorney whose firm has multiple wage-and-hour cases pending in Ohio and federal courts, says he sees the suits
spawning from many industries and just about in every form.
Wage-and-hour issues
Misclassification of who should be exempt from overtime pay and how overtime is calculated are typical examples.
“Years ago people thought if they were paid a salary, that fact alone meant they were not entitled to overtime for hours worked over 40,”
says John Marshall, whose Columbus firm, Marshall & Morrow LLC, also represents plaintiffs.
“We’re getting an increasing number of calls from people who are concerned about whether they should be paid overtime because of
increased public consciousness about the subject.”
Marshall has helped plaintiffs file wage-and-hour suits in Ohio and federal courts, including a case where technicians alleged that Digital
Dish, a satellite television company based in the Holmes County town of Millersburg, did not pay overtime or a legal minimum wage for
hours worked during training days. The case is pending in the U. S. District Court for the Southern District of Ohio.
Other pending Ohio cases include complaints against Lowe’s Home Centers claiming the giant hardware retailer improperly calculated
overtime for certain managers in Ohio stores.
Wage-and-hour lawsuits are not new, but more are being filed as collective or class actions.
Some defense attorneys quietly complain that plaintiffs’ attorneys have simply seized on the issue as the newest frontier in which to wield
highly profitable class-action lawsuits as weapons against employers.
“This is a place where the legal community hasn’t paid great attention, but it seems like employers are either negligently or in some cases
intentionally not following the law, and that’s part of the reason there’s more activity – the legal community’s eyes and ears are now open
about it. In my opinion, that’s a good thing,” says Marshall.
Rules have changed
Congress changed rules on what types of employees are exempt from overtime pay eligibility in 2004, creating some fluidity in this area of
labor law. But some say a spike in cases was coming before those changes because of the complicated nature of wage-and-hour law.
“I’ve known people at the wage-and-hour division of the federal government who feel comfortable they can walk into almost any place and
find some technical violation somewhere,” says Douglas Paul, an employment attorney with Buckingham Doolittle & Burroughs LLP’s
Cleveland office.
Marshall said there are cases in which employers who docked the pay of salaried employees for missed attendance suddenly face paying
those same employees overtime, because docking their pay changed the employees’ exempt status.
Overtime cases building
The cases are rippling over more industries in an increasing wave, says Mark Knueve, partner in the Columbus office of Vorys Sater
Seymour and Pease LLP.
In addition to the retail industry, Knueve says he’s observed cases in the financial, health-care and insurance industries in which relatively
high-salaried employees are disputing overtime pay and other wage-and-hour issues.
“It’s on the radar screen of most labor and employment lawyers where five years ago I don’t think we would have been involved in many, if any, overtime cases,” says Marshall, whose firm is handling many cases of this type.
Lawyers say there seems to be no end in sight to employment cases and that Ohio is no exception to the trend.
“The bigger these cases get, the more chance for recovery of substantial fees, the more likely we are to see these,” says Paul.
Cindy Bent Findlay is a freelance writer in Columbus.
All contents of this site © American City Business Journals Inc. All rights reserved
Unpaid Internship Programs
Retaliation and Workers’ Compensation
The Ohio Revised Code states that no employer shall discharge, demote, or take any punitive action against an employee because the employee filed a workers’ compensation claim. R.C. 4123.90. The elements of a retaliatory discharge require an employee to prove that (1) they were injured on the job; (2) the employee filed a claim for workers’ compensation benefits; and (3) that the employee was discharged in contravention of R.C. 4123.90. Once the employee establishes each of these elements, the burden shifts to the employer to articulate a legitimate and nondiscriminatory reason for terminating the employee.
In a recent case, the Court of Appeals of Ohio granted an employer’s Motion for Summary Judgment, because the employee was unable to sufficiently prove that the employer was aware that a workers’ compensation claim had been filed prior to the employee’s termination. In Dragmen v. Swagelok Co., 2014-Ohio-5345 (2014), the employee injured himself while failing to follow the employer’s standard safety procedures. As such, he was placed in a work safety program to stress the importance of following safety procedures, and warned that repeat or additional violations could constitute further discipline, including termination. Id. at ¶8. The employee also filed a workers’ compensation claim, but did not inform his supervisors, and instead filed the claim through the employer’s third party administrator.
Three weeks after being placed in the employee safety program, the employee had a disagreement with a co-worker, which resulted in the employee pulling a chair out from underneath his co-worker. Id. at ¶ 10. The employee was terminated, and he filed a suit alleging that he was fired in retaliation for filing a workers’ compensation claim. The employer filed a Motion for Summary Judgment, which was granted, because there was no evidence that the employee’s supervisors who made the decision to fire him were aware that the employee filed a workers’ compensation claim. Id. at 20.
Thus, “To be liable for retaliating against an employee for taking part in a protected activity, the employer must have knowledge of it.” Meyers v. Goodrich Corp., 8th Dist. Cuyahoga No. 95996, 2011-Ohio-3261 at ¶22. Moreover, even though circumstantial evidence can establish knowledge, it is not enough for an employee to simply assert that their employer’s supervisors generally have knowledge of the charges filed by employees. Id. As such, an employee must prove that their employer knew of their workers’ compensation claim, and fired them as a result of it in order to have a valid retaliation claim.
Source: http://www.supremecourt.ohio.gov/rod/docs/pdf/8/2014/2014-ohio-5345.pdfHow Does SSA Decide if I am Disabled?
Social Security follows a multi-step evaluation process. They will gather medical records from your doctors and obtain hospital records and test results. SSA may choose to have you examined by a doctor or psychologist. To determine if you meet the definition of disability, SSA will ask the following questions:
1) Are you working? If so, your claim will be denied. If not, proceed to next question.
2) Do you have an impairment or combination of impairments which significantly effects work related functions such as standing, walking, lifting, hearing, seeing, concentration, attention to task, attendance, and understanding instructions? SSA will also consider if your impairments have lasted or are expected to last for at least 12 months. If not, your claim will be denied. If yes, proceed to next question.
3) Is your condition so severe as to qualify for disability without further consideration? SSA has a list of impairments which are considered to be totally disabling. If your impairment meets all the elements of the listed impairment, you will be determined to be disabled. If not, proceed to next question.
4) Do your impairments restrict your work capacity so that you cannot return to any of your past relevant work? SSA considers your past relevant work to be all jobs you performed in the past 15 years. If you are found to be capable of returning to one or more of your past jobs, your claim will be denied. If SSA agrees you cannot return to your past work, proceed to next question.
5) Do your impairments restrict your work capacity so that you are unable to adjust to other work which exists in significant numbers in the national economy? SSA does not have to find you work or determine that you could be hired. SSA only determines whether you would be capable of performing and sustaining work if given the opportunity. In determining whether you are capable of other work, SSA will consider your age, education, past work performed, and acquired skills.
Traveling Fixed-Situs Employees?
Is an employee who travels to different job sites on a daily basis a fixed-situs employee subject to the “coming and going rule” for the purposes of determining whether he or she is entitled to workers’ compensation? If so, does the “special hazard exception” apply? Recently, in Palette v. Fowler Electric Co., 2014-Ohio-5376 (2014), the 11th Appellate District determined that they would be subject to the “coming and going rule” and the “special hazard exemption would not apply. Id.
A fixed-situs employee is one who commences his or her substantial employment duties only after arriving at a specific and identifiable workplace designated by his employer. Barber v. Buckey Masonry & Constr. Co., 146 Ohio App.3d 262, 269 (11th Dist. 2001). “As a general rule, an employee with a fixed place of employment, who is injured while traveling to or from his place of employment, is not entitled to participate in the Workers’ Compensation Fund because the requisite casual connection between the injury does not exist.” MTD Prods., Inc. v. Robatin, 61 Ohio St.3d 66 (1991). This is referred to as the “coming and going” rule, and it is used to determine whether an injury suffered in an auto accident occurs in the course of and arising out of the employment relationship. Ruckman v. Cubby Drilling, Inc. 81 Ohio St.3d 117, 120, 689 N.E.2d 917 (1998).
In Palette, the employee worked as an electrician and was injured in an auto accident while driving a company car from his home, to a supply house, before going to the company office for a weekly meeting. Id. at ¶10. Here, the Court determined that because the employee did not commence his substantial employment duties until after arriving at a specific and identifiable work place, he was considered a fixed-situs employee. Palette at ¶30. Moreover, the Court determined that the “special hazard exception” to the “coming and going” rule did not apply, as his travel on the date of the accident did not create a risk that was distinctive or greater in nature than risks to the greater public. Ruckman, 81 Ohio St.3d 117 at paragraph two of the syllabus.
For more information on Palette and other cases, please see: http://www.supremecourt.ohio.gov/rod/docs/pdf/11/2014/2014-ohio-5376.pdf.
The Social Security Disability Claims Process
Paul F. Woodrow
Filing for Social Security Disability (SSD) benefits involves a sometimes lengthy administrative process. A claim is filed by contacting the Social Security Administration (SSA), which may be done online, over the telephone, or in person at your local SSA office. The SSA representative will ask you for information about when you became disabled, your work history and, most importantly, the medical and /or mental health conditions that prevent you from working. It is very important that this information be complete and accurate, so that SSA can thoroughly evaluate your claim. Once they have obtained this information, SSA will transfer your claim to the Bureau of Disability Determination, an agency of the state of Ohio, which will actually process your claim, using SSA’s rules and regulations for evaluating disability.
The state agency will contact your doctors and other medical providers, and gather all of the medical evidence pertaining to your disabling conditions. They may send you to a doctor for an examination, at their expense, in order to get a better picture of your medical condition. They may also contact you or your representative for additional information. Once the state agency has gathered all the evidence, your claim will be reviewed by a state agency doctor, who will determine the severity of your medical conditions, how they may limit your ability to function in a work setting, and whether they meet the SSA definition of disability. Your claim will then be returned to SSA, who will send you a written decision. At the initial level, this process usually takes about six months. If SSA finds you disabled, they will then process payment of your benefits.
If your claim is denied, you have the right to appeal. This is called requesting a reconsideration. At this level, SSA and the state agency will obtain updated medical evidence, review your claim again, and make a new decision. This process usually takes three to six months. If SSA finds you disabled at this level, they will notify you and process your benefits.
If your claim is denied at the reconsideration level, you have the right to request a hearing. At the hearing level, you will have the opportunity to appear and testify at an informal hearing before an Administrative Law Judge. Your representative will make sure all the evidence is up to date, and will present your claim to the Judge, making arguments on your behalf. The Judge does not have to follow the earlier decisions which denied your claim, but will make a brand new decision after considering the medical evidence, your testimony, and the arguments of your representative. Because of the large backlog of claims at the hearing level, it usually takes about nine to twelve months for a hearing to be scheduled.
When filing for disability benefits, it is very important to be in treatment for all of your medical and/or mental health conditions, so that they can be documented for your claim. It is also vital that SSA be kept informed of any changes in your medical condition or treatment, so that they will have complete and accurate information when evaluating your claim. Your attorney representative can help you make sure SSA has all the information they need at all stages of the claim, and can help present your claim in a way that will maximize your chance of success.
Cost of Living Adjustment
The Social Security Administration recently announced that monthly Social Security and Supplemental Security Income (SSI) benefits will increase 1.7 percent in 2015. The 1.7 percent cost-of-living adjustment (COLA) will begin for Social Security Disability and Retirement beneficiaries in January 2015. Increased payments for SSI beneficiaries will begin on December 31, 2014. SSI beneficiaries will now receive $733.00 a month, increased from $721.00. The Social Security Act states that the annual COLA is linked to the increase in the Consumer Price Index as determined by the Department of Labor’s Bureau of Labor Statistics.
If you are currently receiving Social Security benefits, you may soon receive award notices in the mail that will show your monthly payment. If you have any questions regarding your new payment, please don’t hesitate to contact our office. If you are not yet receiving benefits, but are interested in what your monthly benefit amount may be, you can create an account at www.socialsecurity.gov/myaccount.
Disability payment you receive from workers’ compensation and/or another public disability payment may reduce you and your family’s Social Security benefits.
Your Social Security disability benefit will be reduced so that the combined amount of the Social Security benefit you and your family receive plus your workers’ compensation payment and/or public disability payment does not exceed 80 percent of your average current earnings.
A workers’ compensation payment is one that is made to a worker because of a job-related injury or illness. It may be paid by federal or state workers’ compensation agencies, employers, or insurance companies on behalf of employers.
Public disability (PDB) payments that may affect your Social Security benefit are those paid under a federal, state, or local government law or plan. A PDB is not usually based on a work-related disability. They differ from workers’ compensation because the disability that the worker has may not be job-related. Examples are civil service disability benefits, military disability benefits, state temporary disability benefits, and state or local government retirement benefits which are based on disability.
[social_share style=”square” align=”horizontal” heading_align=”inline” facebook=”1″ twitter=”0″ google_plus=”1″ linkedin=”1″ pinterest=”0″ /]
What Happens in a Wage and Hour Investigation?
As we’ve previously discussed, the Department of Labor Wage and Hour Division (WHD) has stepped up its enforcement initiatives over the past few years to pursue civil money penalties, back wages, and liquidated damages when violations of the Fair Labor Standards Act (FLSA) are found. Specifically, Section 11(a) of the FLSA authorizes the WHD to enter an employer’s premises to investigate the employer’s compliance with the Act’s requirements. Most of these investigations begin after an employee submits a complaint. But the WHD can also initiate investigations by strategically targeting certain industries (like the restaurant industry, for example) or by examining particular geographic areas.
Here are the main steps in an investigation:
1. INITIAL CONFERENCE. The investigator will first contact the employer to set up an initial conference to explain the review process, or they may just show up unannounced.
2. EXAMINE RECORDS. Next, the investigator will examine records to see if any exemptions apply. This includes records relating to the employer’s involvement in interstate commerce, government contracts, and the dollar volume of an employer’s annual business transactions. The investigator will then look for any miscalculations or inaccuracies by examining personnel time records and payroll records dating back at least two years. If willful violations of the FLSA are reported, records for the past three years may be examined.
3. EMPLOYEE INTERVIEWS. The investigator will interview certain employees to verify their payroll records and inquire into the employer’s pay policies.
4. ENFORCEMENT ACTION. If violations are found, the investigator will meet with the employer to discuss corrective actions and request any back wages owed to the employees for minimum wage and overtime violations.
Source: DOL Fact Sheet http://www.dol.gov/whd/regs/compliance/whdfs44.htm; BURKE COSTANZA & CARBERRY LLP, Department of Labor Investigations – Basis for an Employer, Jan. 31, 2013 http://www.bcclegal.com/labor-employment-blog/2013/1/31/department-of-labor-investigations-basics-for-an-employer.Connect with us
- December 2025
- November 2025
- October 2025
- September 2025
- August 2025
- June 2025
- September 2023
- March 2023
- January 2023
- November 2022
- October 2022
- July 2022
- May 2022
- April 2022
- February 2022
- January 2022
- July 2021
- March 2021
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- July 2019
- May 2019
- April 2019
- January 2019
- November 2018
- March 2018
- February 2018
- December 2017
- November 2017
- August 2017
- July 2017
- June 2017
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
Archives
Columbus Office
- 740-204-2125
-
4200 Regent St Ste 210
Columbus, OH 43219
Pittsburgh Office
- 412-330-1821
-
428 Boulevard of the Allies
1st Floor
Pittsburgh, PA 15219
Hours
Mon-Fri 8:30am-5:00pm
Sat-Sun Closed
Call Us 24 Hours a Day