Author Archives: Jay Butchko
Does a Criminal Record or Incarceration Affect Eligibility to Recover Social Security Disability Benefits?
When we think of who is eligible for Social Security Disability Benefits, we consider work quarters, on a set date and date last insured as important bench marks. Commonly asked questions are earnings report history and the nature and extent of the injuries, medical conditions and disability. Does a criminal record affect an otherwise… Read More »
What Happens When Repairs are Insurable but also Excluded Under Your Policy?
When your home needs repairs that are covered by your homeowner’s insurance policy, it should be relatively easy to process except in those circumstances where effectuating repairs requires replacing other parts of property that were not originally damaged. What Insurance Companies Commonly Do This problem happens more often than you may think. Imagine a… Read More »
Will You Need a Medicare Set Aside When You Settle Your Workers’ Compensation Case?
To understand what an MSA is, you must first understand how Medicare works when it comes to personal injury or workers’ compensation cases. Medicare is a secondary payor. That means that if there is another source of funds to pay for medical care, that source must be used before Medicare. If Medicare is used,… Read More »
Common Homeowners’ Policy Exclusions
Your homeowners’ insurance policy is a lengthy confusing document that you would hope covers whatever catastrophe befalls you. But it does not. There are as many exclusions as there are inclusions of damage. Failure to Maintain Almost any kind of damage that is caused by your failure to maintain the property will not be… Read More »
Prior Accidents or Injuries Suffered by Strangers Can be Difficult to Obtain
Why is evidence of prior negligence relevant and discoverable? If a victim says that he fell over something hidden or dangerous on someone else’s property where he was permitted to be under the same circumstances, this information is usually discoverable by the victim’s attorney. But there are circumstances when victims of negligence, malpractice or… Read More »
Getting Disability for Somatic Disorder
When you apply for social security disability benefits, you typically must present evidence of an actual disease, illness, or injury. In most cases this is true—but not in all cases. In fact, there is a well-known condition that recognizes symptoms that are not explainable by any known disability, condition or disease, which may constitute… Read More »
Who Can Properly Appraise a Homeowners’ Insurance Claim?
People are forced to file a homeowners’ insurance claim when the insurance company refuses to pay for a loss, arguing that the cause of the loss is excluded under some part of your homeowners’ insurance policy. There are some instances when the insurance company may agree that there is covered loss but dispute the… Read More »
Paying Back Insurance and Medical Providers After an Accident
So you were in an accident but, thankfully, even before your personal injury case went to trial or was settled, you managed to have most of your medical bills paid for—or at least, some of your medical providers were willing to wait to be paid back. Do they actually have to be paid back?… Read More »
New Social Security Laws: Good and Bad News
The President often unveils his new budget proposals months in advance of when the budget has to be actually voted on by Congress, and, in most cases, the final budget looks much different than what the President proposed. Still, it is somewhat concerning that President Trump, in 2019, has proposed a budget for 2020… Read More »
Getting Workers’ Compensation Benefits for Exposure to Toxic Chemicals
We tend to think of on-the-job injuries as sudden, unexpected events, such as falls, car accidents, or having heavy objects fall on workers. But many injuries sustained on the job occur slowly overtime, sometimes, without the worker even knowing an injury is occurring. Such is the case with damage due to exposure to toxic… Read More »