The QR Legal Blog

MADE IN THE USA

2012-01-19T07:28:00.000-08:00

Does it seem that nothing is made in the "good ol’ U.S. of A." anymore? All one has to do is walk down the aisle at a local Wal-Mart to realize that the majority of the things we buy everyday are made in China and other countries, but many products are still American-made. Buying American stimulates the economy and keeps jobs right here where they belong. If you are not sure where something is made, there are numerous websites that can help you answer that question, such as www.americansworking.com.

Why buy American?

Foreign labor standards may allow unsafe working conditions and child labor.

Many countries have no minimum wage restrictions.

The decline of American factory production makes us more dependent on foreign-made goods.

Foreign manufacturing standards can be low, unregulated or non-existent, resulting in unsafe products such as children’s toys containing lead paint, and baby formula with dangerous additives.

Choosing American preserves jobs for future generations.

Buy American - and help keep America working!

2012 Statewide AWW

2012-01-16T11:08:00.000-08:00

The Pennsylvania Department of Labor and Industry recently announced that the Average Weekly Wage for workers' compensation benefits has increased to $888.00 per week for 2012. This is a 3.5 percent increase from 2011.

For more information on the AWW increase and a chart of past AWW's, please click the link below:

http://www.portal.state.pa.us/portal/server.pt/community/claims_information/10431/statewide_average_weekly_wage/552650

2012 Notice of Rate Adjustment for Record Reproduction

2012-01-12T06:55:00.000-08:00

The Center for Safe Schools presents: Military Kids!

2011-10-24T12:21:00.000-07:00

First Tuesdays online training series.

"Helping Military Kids Cope - Understanding the Deployment Cycle", the first in the series of live, online learning sessions for educators, will be held Tuesday, November 1, 2011 from 10:00 a.m. to 11:30 a.m. (Eastern Time).

Children of parents who are deployed with the military or living at home with veterans experience a range of needs that are not addressed in the traditional school setting. This presentation will help to identify the number and prevalence of military youth in Pennsylvania as well as provide strategies and resources to meet some of those needs. The presentation will address:

1) The prevalence of military families and the unique needs of their children in Pennsylvania;

2) A first hand perspective of the deployment cycle.

3) What a School Liaison Officer is and how to obtain their services when not living on a military base.

This training is offered by the Center for Safe Schools through funding provided Operation: Military Kids! There is no cost to participate. This training has been approved for 1.5 Act 48 credit hours. If you are interested in receiving Act 48 credits, a $5.00 processing fee must be forwarded to our office upon completion of the session. Following the presentation you will be prompted to download an Act 48 form to be completed and returned to this office with a check payable to: CSIU in the amount of $5.00.

To learn more about this session and to register, go to:

www.SafeSchools.info/mission-homefront/professional-development

Pennsylvania Property Tax Rebate/Rent Rebate

2011-09-28T12:47:00.000-07:00

If you are receiving SSD or SSI benefits, or are age 65 and older, or a widow or widower age 50 and older, you may be entitled to a Property Tax or Rent Rebate. The income limit for a homeowner is $35,000 per year, and for a renter, it is $15,000 per year. Only half of your Social Security benefits, and/or Railroad Retirement benefits, are considered in determining your yearly income. Eligibility may also be dependent upon other household income.

The maximum standard rebate is $650, but supplemental rebates for qualifying homeowners can boost the rebate to $975. Some homeowners may receive larger rebates than requested based on where you live, income, and/or property taxes. The Department of Revenue will automatically calculate this for you.

The deadline to apply for the Pennsylvania Property Tax/Rent Rebate is December 31, 2011..

You may obtain a Property Tax/Rent Rebate Application Form (PA-1000), and related information online at www.revenue.state.pa.us or by calling 1-888-222-9190.

PBI Model Fee Agreements

2011-07-27T13:30:00.000-07:00

Quatrini Rafferty is pleased to announce that its workers' compensation fee agreement has been published by the Pennsylvania Bar Institute (PBI) as a model fee agreement for Pennsylvania attorneys. PBI is a non-profit organization that provides continuing education and informational resources to lawyers throughout the state.

Beware, a Big Headache Is Coming

2011-06-09T08:10:00.000-07:00

Spotting Often-Overlooked Clues Like Nausea, Fatigue, Even Yawns May Help Patients Stave Off Attack

By Melinda Beck
THE WALL STREET JOURNAL
Tuesday, June 7, 2011

A migraine is among the most debilitating conditions in medicine—a blinding, throbbing pain that typically lasts between four and 72 hours. There is no cure.

Yet, a few hours or days before the dreaded headache sets in, subtle symptoms emerge: Some people feel unusually fatigued, cranky or anxious. Some have yawning jags. Others have food cravings or excessive thirst.

If migraine sufferers can learn to identify their particular warning signs, they may be able to head off the headache pain with medication or lifestyle changes before it begins, experts say.

"The holy grail of migraine treatment would be to have something you could take tonight to ward off an attack tomorrow," says neurologist Peter Goadsby, director of the headache program at the University of California-San Francisco. At a conference of the American Headache Society last week, he and other experts said these early symptoms may hold clues to what causes migraines in the first place.

Scientists have long known about this so-called premonitory phase, which occurs well before the better-known aura, the flashing lights and wavy lines that about 30% of migraine sufferers see shortly before the headache begins. Yet there have been only a handful of clinical trials treating patients in the premonitory stage—in part because the symptoms are so vague. Still, once patients know what to look for, many can identify some early warning signs."If you ask the average migraine sufferer, 'Do you have any symptoms a few hours before the headache starts?' about 30% will say yes," says Werner Becker, professor of neuroscience at the University of Calgary in Alberta. But given a list of 20 common signs, from changes in mood, appetite or energy to urinating frequently or yawning excessively, about 80% of patients will say, "Oh yes, I've noticed that," he says.

Dr. Becker says one of his patients frequently feels dizzy and loses her appetite about 6 p.m. and knows that an attack is imminent. She finds that taking the migraine drug rizatriptan—usually taken only after the headache starts—can ward it off. "If she doesn't take it, then the next morning, she wakes up with a full-blown migraine," Dr. Becker says.

Sheena Selvey, a 28-year old special-education teacher in Northbrook, Ill., says she knows a migraine is coming when co-workers say her neck muscles have tightened up. She rubs her neck with an essential peppermint oil until she can inject herself with Imitrex, another medication usually used to stop rather than prevent headache pain. She says such steps have helped reduce attacks to two or three times a month from three or four times a week.

Ben McKeeb, a 35-year-old nursing student in Bellingham, Wash., says his wife noticed that his forehead muscles tense up in the shape of a "V" a few hours before his headaches begin. "I can almost always catch that feeling, and if I do all the right things—stay hydrated, stay out of the sun, get plenty of sleep, don't work too hard—I probably won't get one," he says.

Nationwide, about 36 million Americans suffer from migraines. Although some people use the word very loosely, migraines are far more severe than a typical headache, last longer and tend to involve nausea, vomiting and sensitivity to light. Women are three times as likely as men to get migraines, and they've been diagnosed in children as young as 6 months. Migraines cost the country more than $20 billion a year in lost wages, disability payments and health-care bills, according to the American Headache Society, an organization of health-care professionals who specialize in headaches.

As many as half of all sufferers don't seek treatment, in part because they think there is little doctors can do for them. In fact, treatments are proliferating, including over-the-counter pain relievers for mild cases and a class of drugs called triptans typically used to stop migraine pain. For chronic migraines, doctors also prescribe beta blockers, antiseizure medications and antidepressants, but they have significant side effects and help only about 50% of patients about 50% of the time. More drugs are in clinical trials, and non-drug treatments such as acupuncture, massage, biofeedback and transcranial-magnetic stimulation are also showing some promise at alleviating migraine pain.

Doctors used to tell patients to wait until their headache pain was severe to moderate before taking medication. But that's changing. "Now we know the closer we can get to the beginning of the attack, the better the outcome will be," says David Dodick, president of the American Headache Society and neurologist at the Mayo Clinic in Phoenix.

Experts also think that they can learn a lot about the origin of migraines by studying how the body changes in the premonitory phase.

For example, "Many people tell us that they vomit yesterday's food," says Joel Saper, director of the Michigan Head-Pain and Neurological Institute in Ann Arbor. That's a sign, he notes, that their digestion slowed long before they knew a migraine was coming.

Some experts are also re-examining the role of common migraine triggers such as alcohol, chocolate, red wine, aged cheese and caffeine. It could be that physiological changes in the premonitory phase trigger a sensitivity to such foods, rather than the other way around.

"For years, patients would say they got a migraine because they ate chocolate or pizza or a hot dog," says Dr. Saper. "But when you ask why they ate those things, they say, 'I had this insatiable craving....' We need to understand where that craving came from."

Functional-imaging studies of the brain have revealed another tantalizing clue: During the aura phase, a wave of electrical activity sweeps over the outer, furrowed layer of the brain known as the cortex, at a pace of 2 to 3 millimeters per minute. This wave—known as "cortical spreading depression"—activates nerve cells as it goes, and the symptoms sufferers report typically correspond to the area of the brain the wave is passing over. For example, the patient sees flashing lights and wavy lines when the wave is over the visual cortex, and tingling in the hands and feet when the wave is in the motor cortex. Once the wave passes by, the nerve cells become quiet and spent.

Dr. Goadsby and colleagues at UCSF are conducting more imaging studies to determine what brain activity occurs during the premonitory phase.

Experts say migraine sufferers can help themselves and their physicians by keeping a careful log of when their headaches occur, what they ate, drank and did several days in advance, as well as any early symptoms they experienced. They may notice patterns and find their own warning signs.

And even though there is no scientific evidence that taking medication at that early stage will stave off migraine headaches, some experts say it makes sense for patients to avoid their known triggers if a migraine seems imminent.

"If stress seems to be a trigger, cut back on your schedule, try a relaxation technique, don't plan a 12-hour day," says Dr. Becker. "You could potentially stop an attack."

QR Partner, Vince J. Quatrini, Jr., Featured in Pittsburgh Post-Gazette

2011-02-28T08:45:00.000-08:00

Rise in disability claims leads to more business, competition

Monday, February 28, 2011

By Zack Needles, The Legal Intelligencer

Social Security disability attorneys across the state said they're busier than ever as the recession-spurred uptick in layoffs has caused a spike in disability claims.

But while the influx of claims has in many ways been good for business, several lawyers the Intelligencer spoke to said it has also been a cause for concern.

For one, some attorneys said they're worried about the potential fallout that could occur if and when the economy right-sizes. But attorneys in the field say the boom itself has also attracted another problem in the form of unwelcome competition from national companies -- not law firms -- that handle claims with paralegals and other nonlawyers, often from out-of-state, without telling their clients.

Unfortunately fortunate

Attorneys said the recent uptick in Social Security disability claims, while profitable for them, partially reflects the country's gloomy job market.

According to statistics on the U.S. Social Security Administration's website, the number of Social Security disability applications filed monthly pre-recession -- prior to September 2008 -- rarely reached 200,000, while the number of post-recession applications routinely topped that figure and often approached 300,000 per month.

In fact, according to the SSA's statistics, the number of monthly applications rose above 200,000 only 14 times between January 1985 and September 2008, while the number dipped below 200,000 only five times between September 2008 and January 2011.

The struggling economy has naturally led to more layoffs, and aging workers with health problems who were just managing to get by at their jobs were, unfortunately, often the first to be let go. What this means is that an increasing number of applications are being filed by people who can qualify for Social Security disability benefits, but likely would not have, felt the need to apply for them had it not been for the recession.

N. Leah Fink, a Social Security disability lawyer with Pittsburgh plaintiffs firm Kunkel & Fink, said there were "a lot of walking wounded" in the national labor force who found themselves unemployed after the economy went south.

"I think that a lot of the workers that were laid off or terminated were part of the group of folks that actually could work with some accommodations," she said.

Vincent J. Quatrini Jr., managing partner of the Greensburg-based workers' compensation and disability firm Quatrini Rafferty, offered the hypothetical example of a 50-year-old steel worker who has remained employed despite struggling with diabetes but is suddenly laid off and unable to find work elsewhere.

"Those are the kinds of people that are now applying for Social Security disability who would have still been in the labor market for several years," he said.

Will the bubble burst?

Eric A. Shore, managing attorney of Social Security disability firm the Law Offices of Eric A. Shore in Philadelphia, said he's seen a "very significant increase" in business over the past three years but admitted he's worried about what might happen to that work when the job market improves.

"I'm afraid of how the pick up in the economy is going to affect us, that's why we opened a personal injury department," he said.

Mr. Shore said he anticipates hiring will improve over the next year, which could possibly even cost him some of his existing clients. "The lifespan of a Social Security case is two years," he explained. "I may have clients ready for a hearing in two years who call me and say, 'Hey thanks for your help, but I don't need this anymore because I was able to get a job.'"

Not all lawyers shared Mr. Shore's apprehension about the future.

Gregory T. Kunkel, also of Kunkel & Fink, said he's not concerned about a dramatic dropoff in business because the aging baby boomer generation is likely to keep up the flow of applications well into the future.

"We have more and more people in that age group," Mr. Kunkel said. "Regardless of the economy, there will still be a large number of disability applications."

Invasion of the nonlawyers

Ms. Fink said a more pressing concern for Social Security disability attorneys is the increased competition they face from national companies that hold themselves out as law firms but routinely send paralegals and other nonlawyers to represent applicants at hearings.

While it's legal for nonlawyers to attend these hearings, Ms. Fink alleged these companies are often less than forthright with clients who believe they're paying for legal representation. Many times, she said, the clients are also unaware that their representative is from out-of-state.

Mr. Quatrini agreed there is a problem with national competitors providing substandard representation to disabled clients. "They get a whole bunch of cases scheduled for one day and they fly in and then fly out of town again," he said. "They haven't met these people, they haven't figured out how they're going to be as witnesses and they haven't prepared them for this emotional day of a hearing."

Zack Needles: zneedles@alm.com or 215-557-2493. To read more articles like this, visit www.thelegalintelligencer.com.

QuatriniRafferty plans to add offices in Downtown Pittsburgh, Latrobe

2011-01-28T07:26:00.000-08:00

Premium content from Pittsburgh Business Times - by Patty Tascarella

Date: Friday, January 28, 2011, 6:00am EST

Greensburg-based law firm QuatriniRafferty is expanding for the first time in its 24-year history, opening a Downtown Pittsburgh office in the second quarter and a Latrobe site by early February.

QuatriniRafferty purchased residential space for both — prices weren’t disclosed — but initially won’t be hiring. The offices will be used by existing personnel, said Managing Partner Vince Quatrini.

David DeRose, who specializes in estate law, wills and real estate, will split time between the Greensburg and Latrobe offices. The Pittsburgh office, at 941 Penn Ave., will be home base to Michael Quatrini, Quatrini’s son, who specializes in workers compensation, Social Security disability and veterans disability, all strong growth areas for the firm.

“I like the energy of the city and the close access to the administrative offices where we have our hearings,” Vince Quatrini said.

Other lawyers on staff will use the two newest sites as needed. The firm expects to add secretaries, paralegals and lawyers at both sites starting in 2012, Vince Quatrini said, but couldn’t say how many. All told, QuatriniRafferty employs 33.

QuatriniRafferty can capitalize on better real estate prices and the availability of new and experienced lawyers due to hiring slowdowns at the city’s largest firms in recent years. But the expansion is chiefly driven by the firm’s desire to “provide face-to-face contact with clients,” Vince Quatrini said.

An outlying firm setting up shop in the city is a rarity, said Lori Carpenter, president of Downtown-based recruitment firm Carpenter Legal Search. She couldn’t recall an example in recent years.

“Normally, it’s in the other direction, with a firm based in Pittsburgh looking to the outlying areas,” Carpenter said.

Robert Denney, president of Wayne, Pa.-based consultancy Robert Denney Associates, said QuatriniRafferty’s strategy “makes sense,” but he believes the firm is bucking the national mainstream.

“They’re running counter,” Denney said. “They’re the only firm I’m aware of that’s doing this. Other firms taking advantage of real estate would be redoing the lease or moving to a newer building, not buying in a city’s business district.”

Regardless, QuatriniRafferty has ample room to grow. The space — 2,400 square feet in Pittsburgh and 3,400 square feet in Latrobe — is “huge for one lawyer” to start, Denney said. “The average space today per lawyer has been whittled down to below 600 square feet.”

Why Does My Neighbor Get Disability and I Can't?

2010-11-09T18:55:00.000-08:00

By Tereasa Rerko, Esq.

We are often asked to explain to clients why they don’t financially qualify for disability benefits, even though they worked most of their lives. A client might see a neighbor receiving disability benefits from the Social Security Administration, and that neighbor never worked. What the client may not realize is that the Social Security Administration (SSA) provides disability benefits to qualified individuals both with and without a work history.

The neighbor is probably receiving Supplemental Security Income benefits (SSI), which are benefits for disabled individuals without a current work history. In order to receive SSI benefits, a person must not only be disabled under the SSA rules, but must also meet extra guidelines regarding income and assets. These guidelines are very strict regarding maximum monthly income and total assets. If those guidelines are exceeded, the person will not be eligible to receive SSI benefits - even if they are disabled. Also, SSI benefit amounts are generally the same for every person who receives them.

On the other hand, Social Security Disability benefits (SSD) are based upon your own personal lifetime earnings record and your ability to show that you are disabled within a certain time frame. This time frame typically expires five years from when you last worked, although you need to have made enough money in past calendar quarters as well. (You might compare it to unemployment compensation, where you need to earn at least a minimum amount of income in the correct calendar quarters or you won’t qualify for unemployment benefits even if you lose your job.) The amount of SSD benefits that a person may receive is based completely upon that person’s earnings history and, like snowflakes, no two are alike. Suffice it to say, most monthly SSD payments are much higher than the SSI monthly benefit.

The one thing that both SSD and SSI do share is the set of rules that SSA uses to decide if you are indeed disabled. The rules are exactly the same for both programs. Generally speaking, in order to qualify as "disabled" under the rules of SSA, a person must be unable to perform the duties of their past occupations and also the duties of any other occupation that exists in the national economy.

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Making Sense of Your Auto Policy

2010-11-01T06:04:00.000-07:00

By Joyce Novotny-Prettiman, Esq.

We have heard clients comment that they never really read their auto insurance information prior to their motor vehicle collision. Unfortunately, after you are in an accident, it is too late to make sure you have the coverage you need. Take just a little bit of time to do some "preventive maintenance." Here is our advice about the coverage you should have in place to protect you and your family.

TORT OPTION: FULL TORT

This is the most important choice when selecting your coverage. Always choose the full tort option which provides the most complete protection. If you do not choose full tort, you give up important legal rights. This holds true even if an accident is not your fault.

The person who makes the tort selection binds the entire household and everyone covered under the policy. Selecting full tort is "easy." There are no forms to sign to select it. You actually have to sign a form to opt out of your rights under full tort.

MEDICAL COVERAGE: $10,000.00 MINIMUM

Though you must purchase at least $5,000 of medical coverage, we recommend at least double that amount for medical coverage, or "first party coverage" as it is called in Pennsylvania. If you do not have health insurance, you may want to purchase even more coverage which will pay medical bills if you or a family member are hurt in a collision.

WAGE LOSS COVERAGE: CHOOSE IT!

If you are hurt in an accident and not able to work, wage loss coverage will keep money coming in to pay your bills while you are off work. If you do not have this coverage, you must wait to get your wage loss covered by the person at fault for the collision. This process can take a long time because the wage loss payment is part of a one-time, lump-sum payment. Though Pennsylvania does not require that you carry this coverage, most people who become involved in an accident are thankful they purchased it.

UNINSURED AND UNDERINSURED (UM/UIM) COVERAGE: $100,000.00 MINIMUM

Just like wage loss coverage, this coverage is not required under Pennsylvania law - BUT you do not want to go without it. This important coverage protects you and your family if you are hurt by a person who has little or no insurance. To make this coverage even more valuable, you want to "stack" uninsured and underinsured motorist coverage. If you have several cars in your household, you can collect this type of coverage from another car in your household. This coverage may also provide protection even if you would be involved in an accident that does not involve your auto.

Full Tort + Wage Loss Coverage + stacked UM/UIM coverage = the best protection for you and your family.

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Veterans Administration to Reopen Gulf War Illness Claims

2010-10-27T05:49:00.000-07:00

The U.S. Veterans Affairs Department (VA) announced that it will be re-examining veterans’ disability claims for thousands of Gulf War veterans in the coming years.

According to a Congressional report in 2008, approximately 175,000 to 210,000 Gulf War veterans experience a pattern of symptoms that include rashes, joint and muscle pain, sleep issues and gastrointestinal problems. This is known collectively as Gulf War Illness. While the actual cause of the problems is unclear, independent studies have focused on pesticides and pyridostigmine bromide pills, which were provided to troops for protection against possible nerve agents from Iraqi troops. A study by the Gulf War Veterans’ Illness Task Force is near completion and will hopefully shed more light on not only the cause but also treatment for this illness.

To accomplish the re-examination of claims, the VA first plans to review its own regulations to better accommodate the Gulf War Illness syndrome. Once the VA completes this review, veterans will then be invited to have rejected claims reconsidered.

Re-examination of claims, better health care services, and the reduction of the veterans’ claims backlog have been priorities of the Obama Administration. The Administration recently announced a $125 billion budget next year for the Department of Veterans Affairs.

To have attornys Michael V. Quatrini or Brian Patrick Bronson evaluate your Veterans' Disability Claim, contact our Greensburg or Latrobe office at 1-888-288-9748 or at our website www.qrlegal.com.

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U.S. Veterans Administration Eases Rules for Post Traumatic Stress Disorder

2010-07-19T19:02:00.000-07:00

In a monumental policy shift, the U.S. Veterans Administration published new regulations for the compensation of Post Traumatic Stress Disorder.

Post traumatic stress disorder, or PTSD as it is commonly known, is a medically recognized anxiety disorder that can develop from seeing or experiencing an event that involves actual or threatened death or serious injury to which a person responds with intense fear, helplessness or horror, and is not uncommon among war Veterans. Symptoms of PTSD can include, but are not limited to, recurrent thoughts of a traumatic event, reduced involvement in work or outside interests, emotional numbing, hyper-alertness, anxiety and irritability.

Prior to the rule chance Veterans had to pinpoint the "stressor" that caused their stress disorder, and, needed to produce evidence to corroborate that the stressor occurred. Claims adjudicators working for the VA were then forced to to corroborate that the non-combat Veteran actually experienced a stressor related to hostile military activity. This exhaustive research took a great deal of time and added to the already slow claims process.

With the rule change Veterans are no longer required to produce evidence corroborating the stressor if a VA doctor confirms that the stressful experience recalled by a Veteran adequately supports a diagnosis of PTSD and the Veteran's symptoms are related to the claimed stressor.

According to the guidelines set by the Veterans Administration the new rules will apply to claims:

received by VA on or after July 13, 2010;
to received before July 13, 2010 but not yet decided by a VA regional office;
to appealed to the Board of Veterans' Appeals on or after July 13, 2010;
to appealed to the Board before July 13, 2010, but not yet decided by the Board; and
pending before VA on or after July 13, 2010, because the Court of Appeals for Veterans Claims vacated a Board decision and remanded for re-adjudication

The new rules, which were developed in response to recent scientific studies linking a Veteran’s deployment in a war zone to an increased risk of PTSD, are being hailed as a major step forward for Veterans.

For an official list of Questions and Answers on the new regulations, please visit the link to the Veterans Administration website below:

http://www.va.gov/PTSD_QA.pdf

Quatrini Rafferty will continue to analyze the new regulations and any other guidance from the VA as it becomes available.

- Quatrini Rafferty -

Book Co-Authored by Vincent J. Quatrini, Jr. named a "Best Buy"

2010-07-01T07:03:00.001-07:00

The Pennsylvania Bar Institute recently named "Workers' Compensation: Practice and Procedure" one of its "Best Buys" for 2010. Vince Quatrini has co-authored the book, which is known informally amount workers' compesation attorneys and judges as the "Bible" for anaylsis of caselaw and regulations, for 20 years.

The book has been previously honored as "Outstanding Achievement in Best Programs" in 1999 and "Professional Excellence in Technology" in 2000 by the Association for Continuing Legal Education (ACLEA).

http://www.pbi.org/publications/bestbuybooks.html

For more on Vince and the Workers' Compensation Department at Quatrini Rafferty, please visit our website at http://www.qrglaw.com/ or contact us by phone at 1-888-288-9748.

- Quatrini Rafferty -

Your Disability Benefit: It Is What It Is

2010-06-25T06:32:00.000-07:00

The following article was authored by Quatrini Rafferty attorney A. Tereasa Rerko and originally published in our newsletter, the Legal Update.

Quite often, I am asked how much monthly income a person will receive if they are approved for Social Security Disability (SSD) benefits. My answer is always, "It depends." What it depends upon is your individual earnings history. Monthly SSD benefits are similar to snowflakes: no two are exactly alike. Even if your neighbor or relative is working for the same employer and making similar wages, the calculation of your SSD benefits may not be the same.

SSD benefits are calculated using your unique work history, which includes your earnings for all jobs that you have worked during your lifetime. At the time you are determined to meet the disability requirements of SSD, your benefits will be computed using that work history. The Social Security Administration (SSA) looks at not only how much was earned, but when the income was earned. That income is then subjected to a complex formula to calculate your disability benefit amount.

It is always a good idea to check your earnings history on file with the SSA for accuracy. As long as your earnings history recorded by the SSA is correct, there is really no way to increase the monthly disability benefit amount. However, if your earnings history is not complete or accurate, then the calculations used to determine your monthly benefit amount will be incorrect. We suggest that you make any corrections to that record as soon as possible. To obtain a copy of the earnings record that SSA has on file, a simple request form needs to be completed. To obtain that form, contact your local SSA office, go to http://ssa.gov/, or contact our office.

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Tribune Democrat: School Closure Hearing Delayed

2010-06-23T14:42:00.000-07:00

GREENSBURG — A hearing scheduled today in the ongoing battle over a school near New Florence has been canceled.

The hearing – on the preliminary objections filed by Ligonier Valley School District in response to a lawsuit by a citizens group seeking to keep the school open – had been scheduled in Westmoreland County Court before Judge Gary P. Caruso. The citizens group, Save Our Rams Education, filed a lawsuit against the district in May.SORE is seeking an injunction to block the planned closure of Laurel Valley Middle-High School. The district plans to send those students to its other middle and high schools in Ligonier in the fall.

One of the objections the district had was that the lawsuit did not contain enough details, said district Solicitor Dennis Rafferty. The citizens group filed an amended complaint that contains more details, putting a halt to today’s hearing and causing the process to start over again, he said.

The school district believes the amended lawsuit still doesn’t contain enough details and expects to file another preliminary objection, Rafferty said. A hearing on the objections probably will be held in July, he said.Judge Gary P. Caruso has scheduled Aug. 2 and 3 as the dates for the hearing on the injunction request.

http://tribune-democrat.com/local/x657339812/School-closure-hearing-delayed

QR Partner Dennis B. Rafferty Quoted in the Tribune Democrat

2010-06-09T11:48:00.000-07:00

School hearing slated

Citizens group, district at odds over Laurel Valley closing

Frank Sojak fsojak@tribdem.com

GREENSBURG — A Westmoreland County judge has scheduled a hearing June 22 on the preliminary objections the Ligonier Valley School District has filed in response to a lawsuit by a citizens group seeking an injunction to block the closure of the Laurel Valley Middle-High School near New Florence.

Dennis Rafferty, school district solicitor, filed the objections Tuesday at the Westmoreland County Courthouse in Greensburg.

On May 10, the citizens groups, Save Our Rams Education, filed a lawsuit that asks a judge to overturn the board’s April 19 decision to close the school.

Rafferty said the hearing on the objections was scheduled for 2:45 p.m. before Judge Gary P. Caruso.

If the case is not settled then, the judge scheduled Aug. 2 and 3 as the dates for the hearing on the injunction, he said.

Rafferty said he will be assisted at the court proceedings by the Pittsburgh law firm of Anderson and Price, whose services were obtained through the Pennsylvania School Boards Association.

The citizens group is being represented by Gary J. Matta, a Pittsburgh lawyer.

Rafferty said one of the preliminary objections is that the district should not be prevented from closing the school.

Another objection is that in addition to the school district, the lawsuit

names all board members who voted

to close the school and the superintendent.

“We’re contending that they should not be named in the suit because they have immunity under Pennsylvania law,” Rafferty said.

No other points are being addressed specifically, he said.

One of the points being raised by the citizens group in the lawsuit is that students will be forced to undergo long and arduous bus trips over dangerous roadways.

Rafferty said that Pennsylvania law says that school boards can make decisions on closing schools so long as they take all relevant factors into consideration.

So even though there is no question that there will be long bus rides, the bus rides were

factors that were taken into

consideration by the board, he said.

“In spite of that, they still felt it was in the best interest of the district and taxpayers to close the school,” he said.

Another point raised in the lawsuit is that sending Laurel Valley middle and high school students to the Ligonier Valley Middle School and Ligonier Valley High School will create serious overcrowding.

Rafferty said the same analysis for the bus rides applies to each point the citizens group raises in the lawsuit.

Dennis B. Rafferty Featured in Pittsburgh Tribune Review Article

2010-06-08T11:51:00.000-07:00

By Jewels Phraner
LIGONIER ECHO
Tuesday, June 8, 2010

A Westmoreland County judge will hear arguments June 22 in a case involving the decision to close Laurel Valley Middle/High School.

The Ligonier Valley school board voted 8-1 in April to close the complex in the northern end of the district.

Shortly after the decision, 13 district residents filed a complaint against the district, the eight board members who voted in favor of the plan and Superintendent Christine Oldham. Director Victor Sansing voted against the closing.

District Solicitor Dennis Rafferty said the hearing is scheduled for 2:45 p.m. before Judge Gary P. Caruso.

If the case is not decided at that time, an injunction hearing is scheduled Aug. 2 and 3, he said.

The citizens' complaint alleges the school board acted illegally and violated public trust. It also alleges the decision to close the school was arbitrary, capricious, done in bad faith and "motivated by reasons unrelated to providing quality education."

The citizens are represented by Pittsburgh attorney Gary Matta.

Rafferty will represent the district, along with attorneys John Smart and Lee Price of Pittsburgh's Andrews & Price. Rafferty said Smart and Price's services were obtained through the Pennsylvania School Boards Association.

The district responded to the complaint June 1, arguing that the plaintiffs do not meet the burden of proof established in previous court cases.

According to the district's response, courts historically have chosen not to interfere with decisions of governmental bodies unless officials have acted in bad faith, abused their power or acted capriciously or fraudulently.

The district's decision to close the school is neither arbitrary nor capricious, Smart contended.

"Arbitrariness and caprice are not to be confused with bona fide differences of opinion, allegedly unwise acts or asserted mistakes in judgments," the district said in its response.

Residents opposing the closure filed for an injunction that would stop the district from moving forward with the closure.

The group says that unless the district stops proceeding with the plan to move Laurel Valley students in grades six to eight to Ligonier Valley Middle and students in grades nine to 12 to Ligonier Valley High schools, the district will cause "immediate and irreparable harm."

The district argued that no such injunction is required.

"To the contrary, (the district) will suffer harm if the preliminary injunction is granted," Smart stated in his response.

A Summary: Long-Term and Short-Term Disability

2010-03-01T12:11:00.000-08:00

The following article was authored by Quatrini Rafferty attorney Brian Patrick Bronson, Esq. and originally published in our newsletter, the Legal Update.

As an employee you may be entitled to various employee benefits from your employer. These benefits may include health insurance, family medical leave, short-term and long-term disability benefits , and sickness and accident benefits. However, these programs can be confusing at the time when you need them most — when you have suffered either an injury, illness, or accident that prevents you from returning to work. The last thing on your mind at this point in time is getting through the required paperwork before you concentrate on your own recovery. However, this is the time that you need to be most diligent in protecting the benefits to which you may be entitled through your employment.

Your employer is not required to carry short-term and long-term disability benefits. However, many employers do provide these benefits. Unlike workers' compensation, short-term and long-term disability benefits are not limited to “work-related” injuries . These benefits cover any type of disability regardless of the cause.

You should be aware of the coverages provided by your employer and the terms and conditions of your particular benefits. Short-term and long-term disability benefits may be covered by a contract that the employer has entered into with an insurance company on behalf of all eligible employees. The terms of these contracts can vary drastically from policy to policy in terms of duration of benefits, definition of disability, deductible sources of income, and rehabilitation incentives. You should obtain a copy of your disability policy. Federal regulations require employers to provide copies of these policies within 30 days of a written request. You may also have been provided with an employee manual or Summary Plan Description (SPD). These documents can be very helpful in explaining your rights to employee benefits.

Employee benefits such as short-term and long-term disability are regulated by the federal government through a complex scheme of laws pursuant to the Employee Retirement Income and Security Act (ERISA). ERISA sets forth strict deadlines regarding all aspects of the processing of these claims that both you and the insurance company must follow. If you fail to file your claim or appeal of benefits denial timely, you may lose your right to sue your employer in court. If you have already filed a claim or an appeal and have not heard anything from the insurance company, you should not allow time to pass without knowing the deadlines that apply in your particular case. ERISA is complex and difficult to thoroughly discuss in this article; however, you must be vigilant in protecting your right to employee benefits.

If you have questions or concerns regarding your short-term and long-term disability benefits, please contact Brian Patrick Bronson at our Greensburg or Latrobe offices at (888) 288-9748 or www.qrlegal.com.

- Quatrini Rafferty -

Social Security Administration Announces Approval/Denial Numbers for Hearing Offices

2010-02-25T13:38:00.000-08:00

The Social Security Administration recently released information on the number of favorable and unfavorable awards for 2009 at the regional hearing offices. Quatrini Rafferty attorneys actively try social security cases in front of the judges from each office.

This data includes social security disability (SSD) and supplemental security income (SSI) hearing results through December 2009. Out of the 860 decisions issued through the Pittsburgh Hearing Office, 538 were favorable awards (this includes fully favorable and partially favorable decisions) and 322 were denials.

The Johnstown Hearing Office (including hearings held at remote locations such as Latrobe, Dubois, and Altoona) awarded 549 cases while denying 247.

The Cranberry/Seven Fields Hearing Office issued 660 awards and 385 denials.

Finally the Morgantown, WV hearing office awarded 426 cases while denying 286.

http://www.ssa.gov/appeals/DataSets/03_ALJ_Disp.

- Quatrini Rafferty -

UPDATE: COBRA Continuation Coverage Assistance Under ARRA

2010-02-22T18:15:00.000-08:00

In February and October 2009, the Quatrini Rafferty blog authored posts detailing COBRA assistance through the American Recovery and Reinvestment Act of 2009 (aka: Stimulus Bill.) This is intended as a follow-up.

The following article was posted on the U.S. Department of Labor's website:

The American Recovery and Reinvestment Act of 2009 (ARRA), as amended on December 19, 2009 by the Department of Defense Appropriations Act, 2010 (2010 DOD Act) provides for premium reductions for health benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985, commonly called COBRA.

Eligible individuals pay only 35 percent of their COBRA premiums and the remaining 65 percent is reimbursed to the coverage provider through a tax credit.

To qualify, individuals must experience a COBRA qualifying event that is the involuntary termination of a covered employee's employment. The involuntary termination must occur during the period that began September 1, 2008 and ends on February 28, 2010. The premium reduction applies to periods of health coverage that began on or after February 17, 2009 and lasts for up to 15 months.

For more information, visit the Department of Labor's website:

http://www.dol.gov/ebsa/cobra.html

- Quatrini Rafferty -

Social Security Administration Adds 38 New Diagnoses to Compassionate Allowance List

2010-02-18T08:32:00.000-08:00

The Social Security Administration maintains a Compassionate Allowance List (CAL) as a way to quickly identify medical conditions that will likely qualify for disability benefits, lessening the wait time for a decision.

When Social Security receives a claim that alleges a condition listed on the Compassionate Allowance list, the case is marked as expedited. While a favorable decision is not guaranteed based on the condition being listed on the CAL, it may decrease the wait time a claimant typically faces. If Social Security is not able to make a favorable decision after examining the case under the CAL guidelines, it will then be processed as a non-expedited claim.

As of March 1, 2010, Social Security has expanded the initial CAL to include 38 new medical conditions. The 38 new Compassionate Allowance conditions are:

1. Alstrom Syndrome
2. Amegakaryocytic Thrombocytopenia
3. Ataxia Spinocerebellar
4. Ataxia Telangiectasia
5. Batten Disease
6. Bilateral Retinoblastoma
7. Cri du Chat Syndrome
8. Degos Disease
9. Early-Onset Alzheimer’s Disease
10. Edwards Syndrome
11. Fibrodysplasia Ossificans Progressiva
12. Fukuyama Congenital Muscular Dystrophy
13. Glutaric Acidemia Type II
14. Hemophagocytic Lymphohistiocytosis (HLH), Familial Type
15. Hurler Syndrome, Type IH
16. Hunter Syndrome, Type II
17. Idiopathic Pulmonary Fibrosis
18. Junctional Epidermolysis Bullosa, Lethal Type
19. Late Infantile Neuronal Ceroid Lipofuscinoses
20. Leigh’s Disease
21. Maple Syrup Urine Disease
22. Merosin Deficient Congenital Muscular Dystrophy
23. Mixed Dementia
24. Mucosal Malignant Melanoma
25. Neonatal Adrenoleukodystrophy
26. Neuronal Ceroid Lipofuscinoses, Infantile Type
27. Niemann-Pick Type C
28. Patau Syndrome
29. Primary Progressive Aphasia
30. Progressive Multifocal Leukoencephalopathy
31. Sanfilippo Syndrome
32. Subacute Sclerosis Panencephalitis
33. Tay Sachs Disease
34. Thanatophoric Dysplasia, Type 1
35. Ullrich Congenital Muscular Dystrophy
36. Walker Warburg Syndrome
37. Wolman Disease
38. Zellweger Syndrome

http://www.socialsecurity.gov/compassionateallowances/newconditions.htm

If you have been diagnosed with one of the conditions listed on the CAL, please contact the Quatrini Rafferty Social Security Department at either our Greensburg or Latrobe office at 1-888-288-9748 or at our website www.qrlegal.com.

- Quatrini Rafferty -

WC Benefits And Retirement Benefits Don’t Mix

2010-02-12T08:23:00.001-08:00

The following article was authored by Quatrini Rafferty attorney Peter J. Gough and originally published in our newsletter, the Legal Update.

Every so often the Pennsylvania courts issue decisions which result in attorneys rushing to contact their clients with advice. Now is one of those times. We want you to be aware of a change in the law which could result in the loss of your workers' compensation benefits.

The Commonwealth Court of Pennsylvania recently issued two decisions, both of which involved injured workers who were receiving workers' compensation benefits at the same time they were receiving pensions and/or Social Security retirement benefits. The Court concluded that if the injured worker receives a pension or Social Security retirement benefits, that worker is presumed to have been voluntarily removed from the work force - in other words, "retired." For that reason, that worker will not be entitled to workers' compensation benefits.

In the first case, the Court held that an injured worker who accepts a pension is not entitled to workers' compensation unless that worker establishes that a) he or she is actively seeking employment, or b) the work-related injury forced him or her to retire from working any job in the entire labor market and not just from performing the pre-injury job.

A short time later, the Commonwealth Court made life even harder for injured workers. In the second decision, the injured worker applied for and received a disability pension. Then, he testified during his workers' compensation case that he did not actively seek employment for a period of time after receiving the pension. The Court again found that the injured worker had retired during the time that he did not actively seek work. Thus, he was not entitled to workers' compensation wage loss benefits.

Moreover, the Court laid out in detail what injured workers must do to demonstrate that they are not retired. Simply put, the Court said that searching the internet or newspaper ads for jobs is just "window shopping" and does not constitute a true job search. To show a good faith effort to find employment, one must prove that job applications were submitted.

What this means is that injured workers who are currently receiving benefits and who are receiving, applying for, or considering taking pensions and/or Social Security retirement benefits must be actively looking for work on a regular basis in a meaningful manner. These workers have to read the classifieds and then contact potential employers about the jobs. The worker must keep a diary or calendar detailing the jobs they looked into, the employer's name, when they applied, with whom they spoke, and any other important details.

Further, injured workers must never describe themselves to their physicians, employer, co-workers or anyone as "retired" or "resigned."

In sum, an injured worker who is considering retirement must be cautious.

The best way to deal with this is to see a workers' compensation attorney at QuatriniRafferty before applying for retirement, pension or Social Security benefits. To have attorney Peter J. Gough and the Quatrini Rafferty Workers' Compensation department evaluate your Pennsylvania Workers' Comp Claim , contact our Greensburg or Latrobe office at 1-888-288-9748 or at our website www.qrlegal.com.

If you are already receiving workers' compensation and retirement benefits, start applying for jobs, keep the diary, and see your Quatrini Rafferty attorney as needed.

- Quatrini Rafferty -

Quatrini Rafferty Announces New Practice Area: Veterans' Disability

2010-02-04T09:12:00.001-08:00

The attorneys at Quatrini Rafferty are pleased to announce a new, full-time practice area: Veterans' Disability. QR attorneys Brian Patrick Bronson and Michael V. Quatrini were recently certified by the U.S. Department of Veterans Affairs to represent members of the armed services who suffer service connected disabilities or diseases.

In short, Veterans' Disability is available to members of the armed services who suffer physical or psychological injuries or diseases while on active duty. This even includes injuries or diseases that were made worse by active duty military service.

The amount of the monthly benefit depends on the degree of disability. In certain instances, additional benefits are payable where there is a loss of limbs, a spouse/children/dependent parent, or a seriously disabled spouse.

• Applying for Benefits

The process for obtaining benefits is similar to Social Security Disability. The veteran submits an application, through our office, outlining his or her injuries, and detailing the connection between the injuries and a particular event during their time in service.

A specific description of the precipitating event is critical, along with medical evidence supporting the connection between the event and the injury. Official military documentation of the event is very beneficial to the claim, as are testimonies from fellow services mates. We will also need discharge or separation papers (DD214 or equivalent). It should be noted that disability benefits are not available for those who were discharged under dishonorable conditions.

Some conditions, depending on the dates and locations of your active duty, are eligible for "presumptive" status, meaning that the VA process presumes that active duty service caused these conditions. It is then up to the VA to disprove the connection. These include, but are not limited to, Lou Gehrig's Disease (ALS), Hodgkin's disease, prostate cancer, diabetes mellitus (Type 2), chronic lymphocytic leukemia, chronic fatigue syndrome, and fibromyalgia. Prisoners of war, for any length of time, can receive presumptive status for psychosis, anxiety, post-traumatic osteoarthritis, heart disease, stroke and a few other medical complications.

Once the application is complete it is submitted to a local office for review. The local office makes a decision as to whether the claim is (1) service connected, and if so, (2) the percentage of disability assigned to the injury.

• The Appeal

Where the local office either denies the claim (i.e. saying the injury is not service connected) or assigns a low, or zero, percentage of disability to the condition(s), the claim can be appealed to a Veterans Law Judge at the Board of Veteran' Appeals. This must be done within one year of the initial decision.

There is some bad news:the average wait time for a hearing is 971 days.

Prior to the hearing, we will meet with the veteran to review the initial decision, the veteran's file and collect additional, updated medical evidence.

• The Hearing - Veterans' Law Judge at the Board of Veterans' Appeals

Again, similar to the Social Security Disability process, the hearing will involve testimony from the veteran concerning the disability - how is happened, how is it limits the individual, etc.

After the hearing, the BVA can do one of two things: they could affirm the Regional Office's denial of your claim. Or, they can reverse the decision made by the Regional Office and grant you benefits.

Should the BVA affirm the denial of your claim, the next appeal would go to US Court of Appeals for Veterans Claims.

To have attorneys Brian Patrick Bronson or Michael V. Quatrini evaluate your Veterans' Disability claim , contact our Greensburg or Latrobe office at 1-888-288-9748 or at our website www.qrlegal.com.

Quatrini Rafferty Attorney Michael V. Quatrini Leads the Way With Legal Technology

2010-01-27T19:03:00.000-08:00

Quatrini Rafferty attorney Michael V. Quatrini recently co-authored an article on legal technology in "The Sidebar", a publication produced by the Westmoreland Bar Association.

In addition to producing the article Michael will be presenting monthly technology seminars on legal technology to other attorneys in the bar association.

A full copy of the article can be found here. A description of the technology seminar can be found here.

- Quatrini Rafferty -

QR In the Community: Greater Latrobe Welcomes Grants

2010-01-25T10:52:00.000-08:00

The following is an excerpt from the January 21, 2010 Pittsburgh Tribune Review article, "Greater Latrobe Welcomes Grants," authored by A.J. Panian, which detailed recent donations made to Greater Latrobe School District:

"Greater Latrobe School Board on Tuesday accepted a bevy of grants and donations...The Community Foundation of Westmoreland County gave the district $2,565 via the Quatrini Rafferty Attorneys-at-Law's participation in the Educational Improvement Tax Credit program."

The Educational Improvement Tax Credit (EITC) enables companies to support local non-profit charities instead of sending their tax dollars to Harrisburg. Since the inception of the program, 3,600 Pennsylvania business have pledged in excess of $350 million dollars to local charities and school districts.

- Quatrini Rafferty -

Pennsylvania Commonwealth Court Decision on Refusal of Resonable Medical Care

2010-01-24T08:24:00.000-08:00

The Pennsylvania Commonwealth Court's recent opinion in Bereznicki v. WCAB (Eat N' Park Hospitality Group), No. 1047 C.D. 2009 (October 19, 2009) debated the issue of an employee's refusal of medical care.

Section 306(f.1)(8) of the Act states that, if an employee refuses reasonable treatment, the employee shall forfeit all rights to compensation for any increase in incapacity resulting from such refusal. Treatment is reasonable if it is highly probable that the treatment will cure the health problem and enhance the claimant’s prospects for gainful and fulfilling employment. Kneas v. Workmen’s Compensation Appeal Board (Cross Country Clothes), 685 A.2d 248 (Pa. Cmwlth. 1996), appeal denied, 548 Pa. 650, 695 A.2d 788 (1997).

The Workers' Compensation Judge found that employee should not refuse a recommended medicine detox program

The Workers' Compensation Appeal Board affirmed the decision of the workers' compensation judge.

In concluding that the Employee should have attempted the detox program, the Court remarked that:

"In this case, a detox program would wean Claimant from toxic doses of medication, curing that health problem, allowing Claimant to return to normal functioning and enhancing her prospects for gainful and fulfilling employment. Although such a program would not return Claimant to her pre-injury job, her refusal of such treatment certainly increases her incapacity."

Read the entire opinion here.

To have one of the Quatrini Rafferty attorneys evaluate your Pennsylvania Workers' Compensation case, please contact our Greensburg or Latrobe offices at 1-888-288-9748 or at our website www.qrlegal.com.

- Quatrini Rafferty -

reasonable or unreasonable medical treatment workers compensation attorney pennsylvania greensburg latrobe pittsburgh westmoreland county allegheny county workers comp lawyer

Pennsylvania Announces Average Weekly Wage for 2010

2010-01-21T07:41:00.000-08:00

The Pennsylvania Department of Labor and Industry announced that the maximum Average Weekly Wage for Workers' Compensation claims occurring on or after January 1, 2010 will be $845.00.

For purposes of calculating the update to payments for medical treatment rendered on and after Jan. 1, 2010, the percentage increase in the statewide average weekly wage is 1.1 percent.

Please see the chart and the helpful explanation below:

Under the Workers' Compensation Act, injured workers are entitled to indemnity (wage-loss) benefits equal to two-thirds of their weekly wage for a work-related injury. However, there are minimum and maximum adjustments provided in the Act, and the benefit rate is set using the annual maximum in place at the time of injury. The maximum is based on the Department of Labor and Industry's calculation of the statewide average weekly wage.
The following schedules provide the weekly rates from calendar year 2005 to 2010.

When referring to the schedules, read down the column for the

calendar year during which the injury occurred.

For example, the maximum weekly compensation rate for calendar year 2010 is $845.00. The second block represents the weekly compensation rate to be 66 2/3 percent of the employee's average weekly wage if the average weekly wage falls between $1,267.50 and $633.76.
The third block reflects a weekly compensation rate of $422.50 if the employee's average weekly wage is between $633.75 and $469.44.
The last block is 90 percent of the employee's average weekly wage if his/her average weekly wage is $469.43 or less.

To have one of the Quatrini Rafferty attorneys evaluate your Pennsylvania Workers' Compensation case, please contact our Greensburg or Latrobe offices at 1-888-288-9748 or at our website www.qrlegal.com.

- Quatrini Rafferty -

Supplemental Security Income Guidelines Stay the Same In 2010

2010-01-18T20:26:00.000-08:00

Click chart for enlarged view

To learn more about eligibility for Social Security Disability or Supplemental Security Income, contact our Greensburg or Latrobe offices at 1-888-288-9748 or head to our website www.qrlegal.com.

- Quatrini Rafferty -

QR Legislative Alert: Social Security Holds Hearings on Compassionate Allowances for Schizophrenia

2010-01-12T18:23:00.000-08:00

The Social Security Administration recently announced that it will hold additional hearings on the issue of "Compassionate Allowances for young individuals with schizophrenia. The following was posted on their website:

Michael J. Astrue, Commissioner of Social Security, today hosted the agency’s fifth public hearing on Compassionate Allowances. Commissioner Astrue was joined by Philip Wang, M.D., Dr. P.H., National Institute of Mental Health, National Institutes of Health, and Social Security executives. They heard testimony from some of the nation's leading experts on schizophrenia about possible methods of identifying and implementing Compassionate Allowances for young adults with schizophrenia.

"Schizophrenia is a devastating disease that affects more than two million Americans, primarily individuals in their teens and twenties," said Commissioner Astrue. "The onset of schizophrenia has life-changing consequences, which can include unemployment and homelessness." This hearing will help us to potentially identify the most severe cases and consider bringing them under our Compassionate Allowances umbrella."

In October 2008, Social Security launched Compassionate Allowances to expedite the processing of disability claims for applicants with medical conditions so severe that their conditions by definition meet Social Security's standards. To learn more and to view a web cast of today's hearing, go to www.socialsecurity.gov/compassionateallowances.

"Our Compassionate Allowances and Quick Disability Determination processes are making a real difference by ensuring that Americans with devastating disabilities quickly receive the benefits they need," Commissioner Astrue said. "This fiscal year, we expect to fast-track about 150,000 cases and we plan to add more diseases and impairments to these expedited processes in the coming months."

The Social Security Administration already has schizophrenia regulations, or Listings, for both children and adults (Listings 112.00 and 12.03). It currently defines schizophrenia for children as the "onset of psychotic features, characterized by a marked disturbance of thinking, feeling, and behavior, with deterioration from a previous level of functioning or failure to achieve the expected level of social functioning."

To learn more about eligibility for Social Security Disability or Supplemental Security Income, contact our office at 1-888-288-9748 or head to our website www.qrlegal.com.

- Quatrini Rafferty -

Personal Injury Cases: Picking Up the Pieces

2010-01-07T18:55:00.000-08:00

The following article was authored by Quatrini Rafferty attorney Joyce Novotny-Prettiman and originally published in our newsletter, the Legal Update.

As attorneys for injured people, we talk to clients every day about the potential value of their personal injury claims. On the opposite side of the case, the insurance company is making its own determination of the value of the claim in defense of the person(s) at fault. If the two sides cannot come to an agreement, the ultimate decision of the value of the claim is made by a jury. The civil law provides only one way to compensate people who are injured because of another person's carelessness: money damages. Many factors are taken into consideration when clients, attorneys and juries review these cases. There are two types of damages in personal injury cases: economic and non-economic losses.

Economic damages are things that can be assigned a "price tag," such as lost wages, medical bills or out-of-pocket expenses. When someone is injured, they may not be able to return to work while receiving medical treatment. Some people suffer injuries that are serious enough to cause the complete loss of a job or require a career change. This type of economic damage is known as a loss of earning capacity. In the most devastating cases, when an accident causes fatal injuries, a family may suffer many economic damages, including loss of support and the loss of the services that the victim provided to a spouse and children left behind.

There may also be medical bills that go beyond those covered by insurance. Auto insurance is the primary source of coverage for medical expenses. Pennsylvania law requires a minimum of $5,000 medical coverage. The next source is private health insurance. However, private health insurance carriers may require repayment of medical bills associated with the accident. In any event, most people must pay deductibles and co-payments as required by their private health insurance, and these out-of-pocket expenses can be included in the calculation of economic damages. Some people will have future medical bills that can be estimated by a doctor and these bills are part of an economic damage claim.

The more complicated part of evaluating a claim involves the analysis of non-economic damages: the fright of being involved in an auto collision; the pain that is associated with an injury; the worry and concern about medical bills and the inability to support a family and pay bills on time. These are the types of things that weigh heavily on the minds of our clients after an injury.

The most significant piece of the damage puzzle is the extent of the injuries sustained. Medical treatment provided immediately after an accident is important, but so is all follow-up care. It is very important to listen to the instructions of medical professionals during this process. Treatments may last over an extended period of time and require a patient to be dedicated to completing the recommended treatment plan. It is equally important to let doctors know the problems that continue during the healing process so that additional testing or treatment may be ordered. The "value" of this portion of the claim is based upon the injuries suffered, the length of treatment required, and any resulting permanent limitations or disabilities. It is critical to have proper medical documentation so that the details associated with medical treatment are clear.

We always advise our clients to pay close attention to their doctor's orders and emphasize that most people will have a better chance at a full recovery by doing so. Just as each accident is different, the value of a claim differs greatly because each person will go through different treatment and will have different concerns following an injury. As you can see from this short discussion, the issue of damages can be very complicated and you need an attorney to assist you with evaluating and pursuing this type of claim

To have Joyce Novotny-Prettiman and the Personal Injury Department of Quatrini Rafferty evaluate your personal injury case, contact us at 1-888-288-9748 or at our website www.qrlegal.com.

- Quatrini Rafferty -

Collborative Law: The "No Court Approach"

2010-01-03T19:34:00.000-08:00

The following article was authored by Quatrini Rafferty attorney David S. DeRose and originally appeared in our newsletter, the Legal Update. In our office David S. DeRose and James A. Horchak, Esq. were recently certified as Collaborative Law professionals by the International Association of Collaborative Professionals and are members of the Collaborative Lawyers' Association of Southwestern Pennsylvania (www.clasplaw.org).

Collaborative Law is an alternative to traditional litigation. A collaborative attorney works for a client through a process of direct negotiations to seek a timely and complete solution that both clients agree serves their best interests. The collaborative process can be applied to a number of areas of law, including divorce, custody, support, real estate disputes, monetary disputes, constitution claims and other similar cases.

If parties choose this process, they agree to participate in a collaborative effort to reach a consensus. This means that each party needs to retain an attorney who is willing to represent the client on a collaborative basis. An attorney who participates in the collaborative process is disqualified from pursuing a client's claim in court. The idea is to focus on resolution and not permit interference from the threat of a court proceeding. The parties participate in a series of meetings with their counsel. Full disclosure of all information that would be necessary to resolve the case is required. Parties may jointly retain other experts to aid in the process, such as land surveyors, real estate appraisers, financial experts and counselors.

For example, this concept can be easily applied to parties who are contemplating divorce but are willing to work toward a constructive settlement of the financial and custody issues. The parties pledge to work together to determine all of the assets and obligations of the marriage which both sides will use to support a dignified dissolution of the marriage. In order for a client and an attorney to work as a team and successfully interact with the other spouse and attorney, both parties may find input from a financial advisor or a real estate appraiser helpful in leading to a solution. This all becomes part of the collaborative process and hopefully results in a solution that saves both parties time, money, heartache and the aggravation that could flow from litigation. Should the collaborative process break down, then both collaborative attorneys must withdraw and instruct both clients to retain other counsel to litigate the matter in court.

If you believe that a matter in which you are involved can be resolved through collaboration, please contact us to discuss this alternative. We look forward to pursuing this method of dispute resolution and working with other collaborative practitioners to help clients arrive at a mutually acceptable solution.

- Quatrini Rafferty -

Michael V. Quatrini to Serve on Steering Committee for U.S. Congressman John P. Murtha

2010-01-01T15:52:00.000-08:00

Quatrini Rafferty attorney Michael V. Quatrini was recently asked by U.S. Congressman John P. Murtha to serve on the steering committee for his re-election.

In addition to commenting on general campaign strategy and fund raising, Michael will advise on issues such as Social Security Disability and Veterans' Disability issues.

To learn more about Pennsylvania's longest serving member of Congress, see the following website:

http://www.murtha.house.gov/

- Quatrini Rafferty -

QR Alert: Homeowners Can Be Liable For Slips, Falls On Snow

2009-12-30T06:39:00.000-08:00

A helpful article for home and business owners:

"How much time do Pennsylvanians have to clear their sidewalks of snow before someone who slips and falls can hold them responsible?"

Read the entire article: http://www.thepittsburghchannel.com/weather/22083792/detail.html

QR Legislative Alert: UC and Emergency Unemployment Compensation (EUC) Extension Information

2009-12-22T19:59:00.000-08:00

We at Quatrini Rafferty have received a lot of questions regarding the extension of the Unemployment Compensation by the federal government. The following guidance was originally posted on the Pennsylvania Department of Labor & Industry website:

On Dec. 19, 2009, the president signed into law new legislation to continue the Emergency Unemployment Compensation (EUC) and Federal Additional Compensation (FAC) programs and delay the phase out of the programs until the end of February, 2010. In addition, this legislation allows High Unemployment Period Extended Benefits (HUP EB) to continue through February, 2010. Generally, this new law will have the following impact on claimants currently filing for benefits.

Individuals who believe they qualify should simply continue filing their biweekly claims. Claimants will be contacted by the Department of Labor & Industry if any additional information is needed.

Claimants filing for regular Unemployment Compensation (UC) benefits: If you exhaust your regular UC no later than the week ending February 20, 2010, you may be eligible for Tier 1 EUC. If you exhaust your regular UC benefits after February 20, 2010, you may qualify for regular state EB benefits, if PA remains in an EB Period at that time.
Claimants filing for Tier 1 EUC benefits: If you exhaust your Tier 1 EUC benefits no later than the week ending February 27, 2010, you may qualify for Tier 2 EUC benefits. If you exhaust your Tier 1 EUC benefits after February 27, 2010, you may qualify for regular state EB benefits if PA remains in an EB Period at that time.
Claimants filing for Tier 2 EUC benefits: If you exhaust the original amount of your Tier 2 EUC benefits, 13 or 8 weeks, no later than the week ending February 27, 2010, you may qualify for Tier 3 EUC benefits. If you exhaust the original amount of your Tier 2 benefits after the week ending February 27, 2010, you may qualify to receive your increased Tier 2 EUC benefits (.6 or 1 week), followed by regular state EB benefits, if PA remains in an EB Period at that time.
Claimants filing for Tier 3 EUC benefits and increased Tier 2 EUC benefits: If you exhaust your Tier 3 EUC benefits AND your increased Tier 2 EUC benefits (.6 or 1 week) no later than the week ending February 27, 2010, you may qualify for Tier 4 EUC benefits. If you exhaust your Tier 3 and increased Tier 2 EUC after February 27, 2010, no additional EUC benefits will be available. However, you may qualify for regular EB benefits if PA remains in an EB period at that time and you did not previously receive EB.
Claimant filing for Tier 4 EUC benefits: If you exhaust your Tier 4 EUC benefits, no additional EUC benefits are available for you. However, you may qualify for regular state EB benefits if PA remains in an EB Period at that time and you did not previously receive EB benefits.
Claimants filing for regular EB benefits: If you exhaust your regular EB benefits no later than the week ending February 20, 2010, you may qualify to receive HUP EB benefits if PA remains in a HUP EB period at that time. However, the last week for which HUP EB may be paid is the week ending February 27, 2010. If you have not exhausted HUP EB when that program ends or you exhaust regular EB on or after February 27, 2010, you may qualify for Tier 3 EUC benefits.
Claimants filing for HUP EB benefits: The last week for which HUP EB may be paid is the week ending February 27, 2010. If you exhaust your HUP EB benefits no later than the week ending February 27, 2010, or you have not exhausted these benefits when that program ends on February 27, 2010, you may qualify for Tier 3 EUC benefits.

The last payable week of EUC benefits is now the week ending July 31, 2010, and the last payable week of HUP EB benefits is the week ending February 27, 2010.

Important filing information: The requirement to file weekly paper claim forms applies only to regular and HUP EB. If you transition from regular EB or HUP EB to Tier 3 EUC, you will file your EUC claims through the Internet or the telephone claim system, PAT. If you transition from UC to Tier 1 EUC, or from one Tier of EUC to another, you will continue to file claims for benefits through the Internet or PAT.

Additional information regarding these programs and how the phase out of these programs will affect claimants will be added to this Web site as it becomes available.

If you have questions regarding the phase-out of EUC or the end of HUP EB, please call the Pennsylvania UC Service Center at 1-888-313-7284 from 7 a.m. to 8:30 p.m., Monday through Friday, or Sunday from 7 a.m. to 2:30 p.m.

If you would like to discuss your eligibility for Pennsylvania Unemployment Compensation, contact James A. Horchak in our office at 1-888-288-9748 or www.qrlegal.com.

- Quatrini Rafferty -

QR Alert: DUI Holiday Crackdown

2009-12-07T09:57:00.000-08:00

The following was in today's Pittsburgh Post Gazette:

"Police nationwide will begin a crackdown on drunken driving Dec. 16, the U.S. Department of Transportation announced today.

A $7.5 million advertising campaign will try to discourage drinking and driving during the holiday season. In Pennsylvania, the Operation Safe Holiday program is in effect this month, with state police and 600 municipal forces participating in an effort to curb drunken driving, speeding and aggressive driving.

The organization Drive Safe Pa. pointed out that a DUI citation costs more than $1,000 plus court costs.

Last year, 11,773 people died nationally in crashes involving a driver whose blood alcohol level was 0.08 or higher. That represented a 9.7 percent decrease compared with 2007.

DUI deaths also declined in Pennsylvania, from 504 in 2007 to 496 last year. Those deaths made up 34 percent of crash fatalities in the state.

The nationwide crackdown continues through Jan. 3."

Quatrini Rafferty Attorneys Receive High Marks from Martindale Hubbell

2009-12-02T10:14:00.000-08:00

Quatrini Rafferty attorneys continue to receive high honors from Martindale-Hubbell, a trusted source in peer-to-peer ratings.

Founding partners Vincent J. Quatrini, Jr., and Dennis B. Rafferty again earned a "Preeminent AV" rating. An "AV" is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence.

Martindale-Hubbell also awarded "BV Distinguished" ratings to A. Tereasa Rerko and David S. DeRose. The "BV" certification mark is an excellent rating for a lawyer with some experience. A widely respected mark of achievement, it differentiates a lawyer from his or her competition.

According to the Martindale-Hubbell website, "Lawyer Ratings serve as an objective indicator that a lawyer has the highest ethical standards and professional ability and are used by buyers of legal services to justify their hiring decisions. Combined with the Martindale-Hubbell® Client Review Ratings, self-reported professional credentials and other fact-based performance data, the Peer Review Ratings contribute to the comprehensive view of a lawyer."

Congratulations to Vince, Dennis, Tereasa and David!

- Quatrini Rafferty -

Attorney Joyce Novotny-Prettiman from Quatrini Rafferty in Tribune Review

2009-11-23T06:31:00.001-08:00

Sale of Former Jeannette Middle School Site Collapses

By The Tribune-Review
Wednesday, November 18, 2009

A sale of the property where Jeannette Middle School once stood has fallen through.

Jeannette School District has been trying to sell .95 acres at 326 S. Fourth St. A petition for a sale price of $75,000 to Clifford and Christine Smith of Nanty Glo was granted by Westmoreland County Judge Daniel Ackerman on Oct. 28.

But the Smiths, who planned to build a Family Dollar store on the parcel, withdrew their bid.

Joyce Novotny-Prettiman, district solicitor, said the Smiths were not required to give a reason for the withdrawal under the terms of the sales agreement.

"We just got a letter from the attorney saying they were withdrawing from the contract," Novotny-Prettiman said.

The school board voted Monday to release the Smiths from the deal.

Superintendent Sharon Marks said the district will explore other options.

"We were disappointed," Marks said. "Obviously, we wanted to sell the property. It would be a good boost not only for us, but for the city. It just didn't happen. We'll go from there."

- Quatrini Rafferty -

Pennsylvania Legislation Equalizes Treatment for Fallen Heroes

2009-10-15T19:13:00.000-07:00

A bill equalizing benefits for first responders was passed by the Pennsylvania Legislature and is on its way to Governor Rendell for signature.

Pennsylvania State Senator Sean Logan, who sponsored the bill, released the following press release detailing the new program:

The State Senate today unanimously concurred in House amendments to state Sen. Sean Logan’s (D-Allegheny/Westmoreland) bill that would ensure that the families of public safety employees killed in the line of duty receive death benefits.

The bill, Senate Bill 369, now awaits the governor’s signature.

“By sending this bill to the governor, we are honoring the memory of police officers and emergency personnel whose lives and deeds exemplified true heroism,” Logan said. “I am proud this bill has made its way through both chambers and hope that Governor Rendell will sign this bill into law quickly.”

The Logan bill will guarantee killed-in-service death benefits to all spouses or minor children of a paid firefighter, law enforcement officer and ambulance service or rescue squad member equal to the amount of the decedent’s monthly salary.

“The overwhelming bipartisan effort on this bill again proves the state’s dedication and gratitude to police officers and other emergency responders,” Logan added. “They can now be assured that if something were to ever happen to them in the line of duty, that their loved ones will be okay.”

Under previous law, pension and workers’ compensation payments provided death benefits that covered a portion of the salaries of troopers, officers, firefighters and emergency personnel in Philadelphia, Pittsburgh and third-class cities that were killed in the line of duty. Under the bill, the state will now pick up the remaining share.

Prior to this bill, boroughs and townships paid the entire cost of benefits for their police. Senate Bill 369 shifts these costs to the state. A Senate actuarial study estimated the annual cost to the state to be $9,000 for each officer killed in the line of duty.

Sen. Jane C. Orie, Majority Whip (R-Allegheny) added, “I was very pleased at the bipartisan effort that moved this essential legislation protecting the families of fallen police officers and other emergency responders through both chambers and onto the Governor.”

Sen. John Rafferty (R-Montgomery) noted, “I am proud to have co-sponsored Sen. Logan’s much-needed legislation. The protections offered by this bill for families should something tragic take place will surely make these brave men and women sleep a little easier at night.”

Sen. Christine Tartaglione (D-Phila.) added, “It is unfathomable that we have not offered these protections to these men and women that put their lives on the line for others day in and day out prior to Sen. Logan’s legislation. All Pennsylvanians are lucky to have such a dedicated public safety force and this gesture shows them that they are appreciated.”

Since 2002, 32 law enforcement officers have been killed in the line of duty. Of these officers, nine were members of the current pension plans providing the killed-in-service benefit. The surviving beneficiaries of the remaining 23 law enforcement officers and an additional 15 firefighters were not eligible for the benefit because these public safety employees were not members of the Act 600 pension plan.

See the text of the legislation here.

To learn more about additional benefits for first responders under the Pennsylvania Heart and Lung Act and Pennsylvania Workers' Compensation Act, contact Quatrini Rafferty at 888-288-9748 or email us.

- Quatrini Rafferty -

COBRA Subsidy Set to End; Effect of Health Care Bill?

2009-10-14T06:00:00.000-07:00

In February, the Quatrini Rafferty blog posted several articles on federal subsidies for COBRA premiums.

With the COBRA program entering its eighth month, and with the subsidy set to end at the end of 2009, National Public Radio discusses the success of the program and its future.

Health Insurance Help For Laid-Off Workers May End

by Sarah Varney

If you have ever lost a job and the health benefits that went with it, you have probably heard of COBRA, the program that requires employers to extend your health coverage for a price.

That price, however, is one that all but a fraction of laid-off workers find much too high. The federal stimulus bill has helped some workers by lowering those payments, but that help may soon run out.

Nicole Pelton, who lost her job in March as a marketing manager in Silicon Valley, says she doesn't want to worry about taking her kids to the emergency room and having no way to pay for it. After the shock of being unemployed eased, she says she worried most about keeping her young family insured.

Help From Subsidy

That's where COBRA comes in — or at least it's supposed to.

"That was going to be about little over $1,000 a month. That was probably more than half the unemployment benefits," Pelton says.

Like countless unemployed people before her, Pelton found that the COBRA coverage was out of her reach — she would have to pay the entire premium.

Then, she found out the federal government would cover two-thirds of the cost for nine months, through a new program approved by Congress in February as part of the stimulus bill. She signed up, and now she pays about $350 a month to cover her family. It is still a big expense, but Pelton and her husband have managed to pay the bill.

"The subsidy came at a good time because it was very expensive, the monthly amount we paid," she says.

The subsidy appears to be having the effect Congress and the Obama administration wanted. No one really knows yet how many people have actually signed up for COBRA. One survey of large companies found that the percentage of eligible laid-off workers who continued their employer health insurance doubled from 19 percent to 38 percent after the subsidy kicked in.

But if the government is picking up most of the bill, why isn't the program even more popular?

Still Expensive

Marian Mulkey, a COBRA researcher at the California Health Care Foundation, says the newly unemployed are being asked to pay 35 percent of the cost even though they don't have jobs.

"That's still a large cost you're being asked to maintain month after month, when you're doubtless facing many other economic challenges and balancing your household budget," Mulkey says.

That's not possible for many families. Even with the federal subsidy, a parent earning minimum wage would still need to pay about a third of her monthly income to afford family coverage. Mulkey says that to make the COBRA coverage more affordable, the subsidy needs to be higher.

Rohan Vaidya earns far more than minimum wage. He was laid off from the software giant Oracle in January. His COBRA subsidy expires in November, and his health coverage will go from $140 a month to $400. Vaidya says he will switch to a cheaper plan.

"I'm 28 years old. I'm relatively healthy, so I don't need comprehensive everything — health, dental and vision," he says. "So something basic is what I'll sign up for."

Under current plans, the COBRA subsidy will expire Dec. 31. Congress may consider extending the subsidy early next year, though there are no details yet on how long it might last.

But all this could be moot if Congress passes even a modest health care bill. Unemployed workers and others who are uninsured could be given a choice of more affordable health plans. There would be government subsidies for those who can't afford it, and insurance companies couldn't deny families like Pelton's because of pre-existing conditions.

In effect, the need for COBRA could simply go away.

You can also listen to the program or download the Podcast here

- Quatrini Rafferty -

Pennsylvania Now In Compliance with Federal Guidelines On Mental Heath Treatment

2009-10-13T18:23:00.000-07:00

The following article was posted by WDUQ on their website.

The Pennsylvania House has passed a measure that would bring the state into compliance with three federal insurance laws. House Bill 1593 begins with a mandate that insurance plans offered in the state provide benefits for mental health and substance abuse treatments on a scale comparable to treatment limitations applied to medical and surgical benefits covered by the plan. That would bring the state into compliance with the federal Mental Health Parity and Addiction Equity Act.

The bill sponsored by Rep. Robert Matzie of Ambridge also brings the state into compliance with the Genetic Information Nondiscrimination Act. The act prohibits discrimination in premiums or contribution amounts on the basis of genetic information of a covered individual or family member. It also prohibits an insurer from requesting genetic testing from an individual trying to obtain coverage. Finally, HB 1593 forces insurance companies operating in Pennsylvania to offer one year of coverage to a dependent child in college who must take a leave of absence from school for medically necessary reasons. Michelle’s Law requires the coverage. The legislation now goes to the Senate for consideration, but Matzie says there is a similar version in the upper chamber that may be considered first. He says he does not care which bill is ultimately signed into law as long as the changes are made.

If the state does not pass the legislation any complaints from policyholders would have to be filed with the federal government rather than the Pennsylvania Insurance Department. Matzie says complaints filed in Washington take much longer to process and are much more complicated to file.

- Quatrini Rafferty -

David S. DeRose and James A. Horchak Certified in Collaborative Law

2009-10-12T17:48:00.000-07:00

Quatrini Rafferty attorneys David S. DeRose and James A. Horchak were recently certified as Collaborative Law professionals by the International Association of Collaborative Professionals.

The International Association of Collaborative Professionals describes the program as "a solution-oriented approach for clients determined to prevent permanent damage to relationships -- even difficult relationships. Characterized by dignity and fairness, Collaborative Practice is especially useful in divorce, child custody, and civil disputes where parties agree to maintain collaborative standards. The effects of divorce on children and the quality of life after divorce are especially relevant in Collaborative Practice."

For more information about how the Collaborative Law process can fit into your situation, call Quatrini Rafferty at 724-837-0080 or email us.

- Quatrini Rafferty -

Jessica L. Rafferty Passes Pennsylvania Bar Examination; Joins Quatrini Rafferty as Associate Attorney

2009-10-09T17:39:00.000-07:00

Quatrini Rafferty is pleased to announce that Jessica L. Rafferty has joined the firm as an Associate Attorney after passing the Pennsylvania Bar Examination.

Jessica, who is the oldest daughter of founding partner Dennis B. Rafferty, is a graduate of Bucknell University and the George Mason School of Law.

Congratulations Jessica!

- Quatrini Rafferty -

Quatrini Rafferty Donates / Participates In Allegheny County "Backpack Program"

2009-10-06T07:01:00.000-07:00

Quatrini Rafferty attorneys were excited to help out with the 2009 "Backpack Program", which is sponsored and run by the Public Service Committee of the Allegheny County Bar Association. This year more than 85 volunteers gathered to stuff backpacks with school supplies for 700 students at Arsental, Martin L. King, and Woolslair Elementary Schools. This year's event marked a record number of backpacks for the project.

Quatrini Rafferty donated 700 pencil top erasers to the event and QR attorney Michael V. Quatrini volunteered his time stuffing the backpacks.

Read more about the packing event on the Allegheny County Bar Association website

http://www.acba.org/ACBA/pdf/TLJ/LJv11-19_091109r.pdf

- Quatrini Rafferty -

What are "Specific Loss Benefits" in Workers' Compensation?

2009-10-05T18:30:00.000-07:00

A Quatrini Rafferty blog article by Michael V. Quatrini, Esq.

If you are injured at work or suffer from an illness related to work, the Pennsylvania Workers’ Compensation Act provides you with rights to get your medical expenses and wage-loss benefits covered until you’re able to return to full time work.

But if you have unfortunately lost the use of certain body parts, specific payments might be available. Body parts covered by the act include:

thumb
finger
hand
arm
leg
foot
toe
sight
hearing

The loss can be be as large as payment for the full body part, or, as small as a payment for a portion (half, third, etc) depending on the body part.

In addition to specific payments for loss of a specific body part, compensation may be available for serious and permanent "disfigurement" (i.e. scarring, burns, skin discoloration and/or bruising, etc.) on the head, face or neck. Any other scarring on the body, despite being caused by a work injury and despite being disfiguring, is sadly not compensable.

Under the Workers' Compensation Act it is up to the Workers' Compensation Judge assigned to your case to personally view the scar, discoloration, etc., to determine whether it is or is not disfiguring. Several of the factors a WCJ should take into consideration are: (1) the texture and color of the employee's skin (2) the manner in which the scar has healed (3) the skill with which the surgeon, in the case of a surgical scar or laceration, has achieved his or her task, and (4) the pre-existing appearance in general, of the injured employee.

If you have additional questions about specific loss benefits, please contact one of the workers' compensation attorneys at Quatrini Rafferty by calling us at 1-888-288-9748 or by writing us an email.

- Quatrini Rafferty -

specific loss benefits in pennsylvania workers compensation injury for pittsburgh shadyside south side carnegie johnstown facial scar burn armstrong cambria fayette uniontown

Expungement Law Expanded in Pennsylvania

2009-10-02T06:00:00.000-07:00

A Quatrini Rafferty newsletter article by criminal defense attorney Brian Patrick Bronson, Esq.

A new provision in Pennsylvania law alters the criteria for expungement of criminal records for summary offenses. Expungement is the process that removes past criminal offenses from your record.

Prior to the passage of this law, an expungement could only be granted under specific circumstances. Expungements were limited to juvenile court convictions and to adult criminal charges that were dismissed by a judge or withdrawn by the Commonwealth.

Now, the law permits people convicted of a summary offense to apply for expungement five years after conviction as long as they were not arrested or prosecuted within that time. Examples of summary offenses are underage drinking, disorderly conduct, harassment, and retail theft. However, the law will no longer allow relief for people that committed certain crimes against victims under the age of 18. Even if a matter is expunged for public purposes, law enforcement agencies retain access to this information.

The new law does not change the fact that convictions for more serious offenses known as misdemeanors and felonies are still not expungable in Pennsylvania. The only available option to expunge these records would be a gubernatorial pardon, which is time consuming and difficult to obtain.

To explore whether you may qualify under this new provision, contact Brian Bronson at 724-552-2755 for an appointment.

- Quatrini Rafferty-

pennsylvania criminal defense attorney brian patrick bronson for westmoreland county

Pennsylvania Commonwealth Court Decision on Reasonable Contest

2009-10-01T08:53:00.000-07:00

The Pennsylvania Commonwealth Court's recent opinion in Thompson v. WCAB (Cinema Center), No. 621 C.D. 2009 (August 14, 2009) debated the issue of reasonable contest.

In Thompson, the injured employee was walking to work when she hit a “lip” in the parking lot where the concrete and asphalt meet and she fell onto her side.

The employer denied the workers' compensation claim, contesting that the employee did not fall on the employer's premises. The employee argued that the employer's contest was unreasonable.

A representative of the employer testified that they own the building but does not own the sidewalk or parking lot. Instead the owner of the entire strip mall owns that property and the employer pays a fee for use and maintenance of “common areas,” which include the sidewalk and parking lot.

The Workers' Compensation Judge found the employee was injured on the employer's premises, but denied the claim for unreasonable contest.

The Workers' Compensation Appeal Board affirmed the decision of the workers' compensation judge.

In concluding that a reasonable contest did exist, the Court remarked that

"the mere fact that the employer leases or even owns a parking lot or garage where the employee was injured is not dispositive of the question of whether a parking area is part of the employer’s 'premises.' Such a determination requires an examination of many other facts, such as the employer’s requirements on parking. Here, the Employer did not own the sidewalk or parking lot but, rather, paid a Landlord a fee for maintenance and the non-exclusive right to use those areas. However, Employer did not mandate where employees should park and the entire parking lot was open for use by members of the public. Although Employer did not prevail, the record shows that there was a genuinely disputed issue as to whether the area where Claimant fell was Employer’s “premises” for purposes of the Act."

Read the entire opinion here.

- Quatrini Rafferty -

reasonable contest workers compensation commonwealth court Pennsylvania workers compensation attorney workman comp injury

Frequently Asked Questions about Social Security Disability from N.O.S.S.C.R.

2009-09-30T07:02:00.000-07:00

While the Quatrini Rafferty website has plenty of Frequently Asked Questions for Social Security Disability (SSD) and Supplemental Security Income (SSI), we wanted to highlight the helpful FAQ section hosted by the National Organization of Social Security Claimants' Representatives.

They can be found here: http://www.nosscr.org/faq.html

Established in 1979, the N.O.S.S.C.R. is an association of over 3,900 attorneys and other advocates who represent Social Security and Supplemental Security Income claimants. Members are committed to providing high quality representation for claimants, to maintaining a system of full and fair adjudication for every claimant, and to advocating for beneficial change in the disability determination and adjudication process.

Quatrini Rafferty attorneys A. Tereasa Rerko, Brian Patrick Bronson and Michael V. Quatrini are all members of N.O.S.S.C.R..

- Quatrini Rafferty -

Panel Physicians for Pennsylvania Workers' Compensation

2009-09-29T06:11:00.000-07:00

The Summer 2009 edition of the Pennsylvania Department of Labor and Industry's publication "News and Notes" posted a helpful article concerning panel physicians for workers' compensation:

Who’s on Your Panel?

Employers who have established a provider panel for injured workers are reminded that their list should include a variety of specialists appropriate to the types of injuries anticipated. The panel must have a minimum of six health care providers listed, three of which must be physicians. The PA Workers’ Compensation Act requires employers to reimburse injured workers for treatment rendered by a provider of the worker’s choosing where the treatment is necessary and reasonable for the type of injury involved and where no suitable provider (e.g., chiropractor, occupational therapist, physical therapist, etc.)
is included on the provider panel.

The full edition of "News and Notes," which contains updated information for workers' compensation and other L&I topics, is available on the Pennsylvania Department of Labor and Industry's website:

http://www.dli.state.pa.us/landi/lib/landi/bwc/newsletters/2009_summer.pdf

- Quatrini Rafferty -
Pennsylvania Workers' Compensation - Social Security Disability - Pennsylvania Work Injury - Westmoreland County Work injury - Allegheny county work injury - Latrobe Work injury - Indiana Work injury - Blairsville work injury - Johnstown work injury

QR Commentary: The Myth of "Tort Reform"

2009-09-28T10:17:00.001-07:00

As the health care debate drags on into the Fall, many of us have heard about the need for "tort reform" to bring down the cost of health care. "Tort reform" critics argue that

But, this is hardly a new idea, and, while we support a more efficient health care system with less preventable errors, we strongly discourage the taking of people's civil rights.

The following article from Politico.com sets the facts straight:

Forty-six states have already done it, and costs have continued to skyrocket;
The Congressional Budget Office and Government Accountability Office have said tort reform will save practically no money, and they found no evidence of defensive medicine;
Medical malpractice suits are less than 1 percent of all civil filings — and this has declined 8 percent during the past decade.

The Growing Risk of Mortgage Modification Scams

2009-09-24T19:06:00.001-07:00

With more people at risk of losing their jobs, and in turn their homes, there is a growing risk that companies will take advantage of those in a tight financial spot.

Today's version of Marketplace, a radio program produced for NPR by American Public Media, highlighted the ever growing risk of fraud by mortgage modification companies:

"Dubious mortgage-modification firms like 21st Century Legal Services help homeowners renegotiate their mortgages, but only in exchange for big upfront fees. Steve Henn reports on how these companies rip off desperate homeowners, then disappear."

Listen to the audio version here

Or, read the full transcript of the story here

- Quatrini Rafferty -

National Public Radio Spotlights the Social Security Backlog

2009-09-03T12:53:00.000-07:00

National Public Radio highlighted the Social Security Disability backlog on its daily program, Morning Edition. The piece outlines the steps of the social security process, details the already long wait for a hearing, and how the bad economy is putting even more pressure on the backlog.

Click on the link below to listen:

http://www.npr.org/templates/player/mediaPlayer.html?action=1&t=1&islist=false&id=112397747&m=112397705

- Quatrini Rafferty -

Spring / Summer Edition of "Legal Update" Now Available

2009-08-09T17:55:00.000-07:00

The Spring/Summer edition of Quatrini Rafferty's acclaimed newsletter is now available on our website!

Click here to read the entire issue or on the links beside the following articles:

Summer Travel Tips by David DeRose, Esq

Recently, while in Washington, D.C., I either dropped my wallet or someone"borrowed" it from my back pocket. I am fairly cautious about how I safeguard my valuables when I travel, but not this time.

Help for Medicare Recipients by Margo Russell, paralegal

If you receive Medicare and have low income and few resources, help may be available to you. If you apply for state assistance, the state may pay your Medicare premiums and, in some cases, other Medicare expenses such as deductibles, coinsurance, or premiums and prescription co-payments related to the Medicare prescription drug program (Part D). Only your state can determine if you qualify.

Workers Compensation & Retirement Benefits Don't Mix by Peter J. Gough, Esq.

Expungement Law Expanded in Pennsylvania by Brian Patrick Bronson, Esq.

A new provision in Pennsylvania law alters the criteria for expungement of criminal records for summary offenses. Expungement is the process that removes past criminal offenses from your record.

Pennsylvania Right to Know Law by David S. DeRose, Esq.

A new Right to Know Law in Pennsylvania took effect on January 1, 2009. Although Pennsylvania has had an open records law since the late 1950's, the scope of that law was never clear and it was not applied uniformly throughout the state.

Update for Contractors and Homeowners (Pg. 6)

In the Winter 2009 edition of Legal Update, we discussed the Home Improvement Consumer Protection Act, effective July 1, 2009.

Tax Talk with Jim : Making Work Pay Tax Credit by James A. Horchak, Esq.

Have you noticed more money in your paycheck lately? This increase was the result of the "Making Work Pay Credit." This federal tax credit provides up to $400.00 for individuals and up to $800.00 for married taxpayers filing joint returns for 2009.

QR Community Partner: Christian Laymen Corps (Pg. 5)

If you liked this edition of the QR Newsletter, be sure to check out our website for past issues/articles on similar topics.

- Quatrini Rafferty -

Quatrini Rafferty Announces Inaugural "Client Appreciation Picnic"

2009-07-07T19:36:00.000-07:00

The attorneys and staff at Quatrini Rafferty are pleased to announce that they will be hosting the first ever "Client Appreciation" Picnic. Friends, clients and family of the firms can plan for door prizes, food and games for the kids.

Who is Invited:

All past and present clients. . . bring your family along for the fun!

Where:

Pavilion #7 at Twin Lakes Park, Greensburg, PA

When:

Friday, August 14, 2009 from Noon 'til 7 p.m.

We would kindly ask that you and your guests RSVP no later than August 6, 2009, by contacting

Terri Ross 724-552-2752 or e-mail tmr@qrlegal.com

Thanks and we hope to see you there!

- Quatrini Rafferty -

Ronald J. Fonner Serves As Panelist For Annual Pennsylvania Workers' Compensation Conference

2009-06-24T13:19:00.000-07:00

Quatrini Rafferty partner Ronald J. Fonner was a featured panelist at the statewide Workers' Compensation Conference hosted by the Pennsylvania Department of Labor and Industry. Mr. Fonner's portion of the seminar addressed medical cost containment in the workers' compensation system, including the legal ramifications of a panel physican, legal considerations on a utilization review appeal, basic procedures of hearings, compelling an independent medical examination (IME), the physician's comments on an IME, the rights of parties (including providers) and litigating a fee review appeal. More details on the conference can be found on the Department of Labor and Industry's website:

http://www.dli.state.pa.us/landi/cwp/view.asp?a=138&q=251695#Legal

- Quatrini Rafferty -

Vincent J. Quatrini, Jr., Named Pennsylvania "Super Lawyer" For Sixth Consecutive Year

2009-06-04T07:33:00.000-07:00

In June 2009, Quatrini Rafferty managing partner Vincent J. Quatrini, Jr., was named a Pennsylvania "Super Lawyer" by Pittsburgh Magazine, Philadelphia Magazine and Law and Politics Magazine. This is the sixth consecutive year for Quatrini.

Pennsylvania Super Lawyers is published in June in Philadelphia and Pittsburgh Magazines, which has a monthly readership of more than 486,000. Pennsylvania Super Lawyers magazine is delivered to Pennsylvania lawyers, the lead corporate counsel of the Russell 3000 companies and all ABA-approved law school libraries, to reach more than 49,000 readers. Law and Politics Magazine selects "Super Lawyers" from a poll distributed to all lawyers in Pennsylvania. Only 5% of the lawyers in Pennsylvania are selected as Super Lawyers by Law and Politics.

Quatrini concentrates his practice in the exclusive representation of injured employees in workers’ compensation cases. He is a past chairman of the Workers’ Compensation Law Section of the Pennsylvania BarAssociation. Since the late 1990s, he has served on the Workers’ Compensation Rules Committee, appointed by the Secretary of Labor and Industry. Mr. Quatrini is one of a statewide team of attorneys who co-authors (since 1992) the publication Pennsylvania Workers’ Compensation Practice & Procedure. He is a member of the Westmoreland County and Pennsylvania Bar Associations, the Westmoreland County Academy of Trial Lawyers, and past president of the Westmoreland County Bar Association.

Congratulations to Vincent Quatrini on this remarkable achievement.

- QR -

Pennsylvania Department of Labor and Industry Announces Grant To Retrain Veterans

2009-05-27T06:52:00.000-07:00

The Department of Labor and Industry recently announced a grant in the amount of $311,000 to help retrain veterans for welding jobs. The grant, which will be used by the Steamfitters Local, will fund the Returning Veterans Welding Program, which is scheduled to start in the fall. The veterans will receive 96 hours of beginner welding training during an eight-week period.

An article covering the program in detail can be found on the Pittsburgh Post Gazette website:

http://www.pittsburghpostgazette.com/pg/09147/972933-407.stm

Anyone interested in applying for a position in the Returning Veterans Welding Program should contact Steamfitters Local at 800-253-6960 or 412-381-1133

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Vincent J. Quatrini, Jr., Begins Work On New Edition of Pennsylvania "Workers' Compensation: Practice and Procedure"

2009-05-22T12:09:00.000-07:00

Quatrini Rafferty partner Vincent J. Quatrini, Jr., recently traveled to Harrisburg, PA to begin work on the 2010 edition of the Pennsylvania Bar Insitute's publication "Workers' Compensation: Practice and Procedure."

The workers' compensation manual, widely referred to as the "Bible" in workers comp circles, is touted by the Pennsylvania Bar Institute as "a complete survey of the substantive law of workers’ compensation practice, the Workers’ Compensation Act, and the Pennsylvania Occupational Disease Act." PBI also notes that "this book can be found in the chambers of the Commonwealth Court and on the desks of the commissioners of the Appeal Board, workers’ compensation judges, lawyers, and claims personnel throughout Pennsylvania."

Quatrini, who has served as a co-editor of the manual since 1989, will also serve as a moderator for the continuing legal education seminars that accompany the manual's publication.

Publication is scheduled for Spring 2010.

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QR Legislative Alert: Elimination of Civil Legal Services Funding

2009-05-06T06:35:00.000-07:00

Quatrini Rafferty received an email from the Pennsylvania Bar Association which issued the following warning about the reduction in Civil Legal Services Funding:

The Pennsylvania Senate introduced SB 850 as their proposed 2009-2010 state budget on Friday, May 1st. That legislation is poised to be voted on, and adopted, by the Senate tomorrow, Wednesday, May 6th. SB 850 eliminates all state funding (all $3,172,000 of the state's appropriation) for civil legal services. Access to justice is a major concern to the members of the PA Bar Association. The reduction of funding for legal services at a time of substantially increased need due to current, severe economic recession is remarkable.
Please call your state senator immediately. Implore him/her to restore the state appropriation for civil legal services. Tell him/her that access to justice for the poorest among us is not an appropriate "bargaining chip" for budget negotiation.

As the PBA urges, please contact your State Senator and/or your local Representative immediately to share your opposition to the reduction. You can find either one through the link below:

http://www.legis.state.pa.us/cfdocs/legis/home/find.cfm

Thank you.

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Article from Quatrini Rafferty "Legal Blog" Featured on OpenCongress.org

2009-05-03T14:28:00.000-07:00

We here at the QR Legal Blog are excited to report that OpenConress.org has featured the April 20, 2009 blog article entitled "Bill Introduced to End Two Year Waiting Period for Medicare" on their site:

http://www.opencongress.org/bill/111-h1719/show

According to its website, OpenCongress is "a free, open-source, non-profit, and non-partisan web resource with a mission to help make Congress more transparent and to encourage civic engagement." The website is a joint project of the Sunlight Foundation and the Participatory Politics Foundation.

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Congratulations to 2009 Pittsburgh Marathon Participants!

2009-05-03T07:19:00.000-07:00

The attorneys at Quatrini Rafferty would like to extend their congratulations to all of the runners competing in the 2009 Pittsburgh Marathon, and, to the City of Pittsburgh on a successful event!

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New Secretary of Labor Confirmed by Pennsylvania State Senate

2009-05-01T15:03:00.000-07:00

The Pennsylvania Bureau of Labor and Industry, the administrative body that oversees workers' compensation and unemployment in Pennsylvania, recently announced that Sandi Vito will formally take over as Secretary of L&I effective April 22, 2009. The Bureau issued a press release announcing the appointment, which we have reprinted below:

Senate Confirms Sandi Vito as Pennsylvania Secretary of Labor & Industry

HARRISBURG – Sandi Vito, named by Governor Edward G. Rendell to serve as Secretary of Labor & Industry, was confirmed today by the Pennsylvania Senate.

Vito is Pennsylvania’s 32nd Secretary of Labor & Industry, and the second woman to hold the post.
“Sandi has done a tremendous job as acting secretary of Labor & Industry, especially during these challenging economic times,” Governor Rendell said. “I am pleased that members of the Senate, in their vote to confirm Sandi, have shown the same confidence I have in her.”

As secretary, Vito oversees the commonwealth’s fifth-largest agency, employing approximately 6,000 employees in 200 offices. L&I serves many worker and business interests through a variety of programs and initiatives, including unemployment and workers’ compensation, labor law compliance and vocational rehabilitation.

In addition, the department’s workforce development initiatives help Pennsylvanians obtain skills needed for in-demand jobs, and keep businesses competitive in the global economy.

Prior to being named acting secretary last year, Vito served as deputy secretary for workforce development for five years. She helped to reform the commonwealth’s workforce development system and expanded employment and training opportunities in high-skill, high-wage jobs.

“I am honored by the Senate’s vote of confidence,” Vito said. “Pennsylvania is facing significant economic challenges, but L&I is determined to help people find and maintain employment and provide the valuable services that workers and businesses need. I look forward to continuing to work with the General Assembly to carry out our mission, revitalize Pennsylvania’s economy and strengthen our workforce."

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Quatrini Rafferty Attorneys Volunteer Time for "KD and You and The Law"

2009-04-23T06:03:00.000-07:00

Quatrini Rafferty attorneys Ronald J. Fonner and Michael V. Quatrini volunteered their time and legal knowledge on April 21st for the 25th Annual "KD and You and the Law Program" sponsored by the Allegheny County Bar Association and KDKA.

The annual event includes more than 100 attorneys answering legal questions from the general public. It is estimated more than 2,000 telephone calls were received during the event.

The video from this year's event is not online yet, but you can learn more from KDKA's 2008 coverage:

http://kdka.com/video/?id=40107@kdka.dayport.com

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Bill Introduced to End Two Year Waiting Period for Medicare

2009-04-20T12:52:00.000-07:00

As most of our clients are aware, disabled individuals must often wait two years for medical coverage through Medicare despite being unable to work. Well, good news might be on the way!

On March 25, 2009, two bills were introduced, one in the United States Senate and the other in the United Stated House of Representative, to eliminate the waiting period over the next ten years. The authors of the bills are Democrat Senator Jeff Bingaman from New Mexico and Democrat Represenative Gene Green from Texas.

Our friends at the National Organization of Social Security Claimants' Representatives authored a very concise article on the propsed change here: http://www.nosscr.org/medicarewait.html

For those that are interested, the text of the House bill is as follows:

"By Mr. GENE GREEN of Texas (for himself and Mr. TERRY):
H.R. 1708. A bill to amend title II of the Social Security Act to phase out the 24-month waiting period for disabled individuals to become eligible for Medicare benefits, to eliminate the waiting period for individuals with life-threatening conditions, and for other purposes; to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned."

http://thomas.loc.gov/cgi-bin/query/r?r111:@OR+(+@1(H.R.+1719)++@1(H.+R.+1719)++)

A version of the Senate bill, which is lengthy, is also available here:

http://thomas.loc.gov/cgi-bin/query/z?c111:S.700.IS:

Feel free to contact your local Congressional Representative or U.S. Senator and urge them to support passage of either bill!

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QR Endorsement: Quatrini Rafferty Endorses Daniel K. Bricmont For Commonwealth Court Judge

2009-04-09T10:54:00.000-07:00

The attorneys of Quatrini Rafferty are pleased to announce their support for Commonwealth Court candidate Daniel K. Bricmont in the upcoming primary election election on May 19, 2009.

Dan Bricmont is an attorney at Caroselli Beachler McTiernan & Conboy. He has spent the last 20 years fighting to protect the rights of injured workers and their families. Mr. Bricmont’s practice focuses on the areas of Workers’ Compensation and Appellate practice as well as representing clients in Social Security Disability matters and advising clients regarding employment law issues such as Americans with Disabilities Act, Family Medical Leave Act, and issues arising under Collective Bargaining Agreements.

A significant portion of Dan’s practice is in the Appellate Courts. He has appeared frequently before our Supreme Court and the Commonwealth Court with respect to Workers’ Compensation matters. He currently represents clients with matters pending in both Commonwealth Court and Superior Court.

Because we believe Dan shares our compassion for the rights of injured workers, we strongly encourage all of our clients to support Dan in the upcoming primary, and general, elections.

For more about Dan, visit his website: http://www.bricmontforjudge.com/

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Quatrini Rafferty Attorney Brian P. Bronson Welcomes New Member of the Family!

2009-04-08T18:56:00.000-07:00

Quatrini Rafferty is proud to announce that QR attorney Brian P. Bronson and his wife welcomed a second baby boy, Brody Quinn Bronson, on Monday evening.

We wish the Bronson family heartfelt congratulations on the new addition to their family!

- QR -
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Social Security Announces Stimulus Payments in May 2009

2009-04-03T09:14:00.000-07:00

Quatrini Rafferty has recently learned that Social Security intends on disbursing stimulus payments in May 2009. We have reprinted SSA's announcment below for your convenience:

Vice President Biden Announces $250 Recovery Payments to Go
to Social Security and SSI Beneficiaries in May; Payments will inject more than $13 Billion into Economy

Vice President Joe Biden and Michael J. Astrue, Commissioner of Social Security, announced today that the federal government will send out $250 economic recovery payments to people who receive Social Security and Supplemental Security Income (SSI) benefits beginning in early May 2009 and continuing throughout the month. No action is required to get the payment, which will be sent separately from the person’s regular monthly payment. "The Social Security Administration and Commissioner Astrue have been working closely with other federal agencies to get these payments out the door in record time and into the hands of folks who need it most," said Vice President Biden. "These are checks that will make a big difference in the lives of older Americans and people with disabilities - many of whom have been hit especially hard by the economic crisis that has swept across the country."

"We have been working diligently to issue the $250 one-time recovery payments as soon as possible," Commissioner Astrue said. "The legislation requires extensive coordination with other federal agencies and I’m pleased we are on track to issue these recovery payments earlier than the statute requires. Soon more than $13 billion will be in the hands of more than 50 million Americans."

The American Recovery and Reinvestment Act of 2009 provides for a one-time payment of $250 to adult Social Security beneficiaries, and to SSI recipients, except those receiving Medicaid in care facilities. To receive the payment the individual must be eligible for Social Security or SSI during the months of November 2008, December 2008 or January 2009. The legislation also provides for a one-time payment to Veterans Affairs (VA) and Railroad Retirement Board (RRB) beneficiaries. The VA and RRB will be responsible for paying individuals under their respective programs. However, if someone receives Social Security and SSI, VA or RRB benefits, he or she will receive only one $250 payment. People getting Social Security or SSI should not contact the agency unless a payment is not received by June 4, 2009.

For more detailed information about the $250 one-time economic recovery payments, go to www.socialsecurity.gov/payment. To learn more about the American Recovery and Reinvestment Act of 2009, go to www.recovery.gov.

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Pennsylvania Workers' Compensation and Social Security: Can I Receive Both?

2009-04-01T10:11:00.000-07:00

A Quatrini Rafferty Newsletter article by A. Tereasa Rerko, Esq.

If you're receiving workers' compensation benefits, it may seem that filing for Social Security disability benefits is unnecessary. Nothing could be further from the truth. For someone who may not work for at least a year or more, there are significant reasons to consider filing for Social Security disability benefits, even before workers' compensation benefits end.

Social Security disability benefits are insurance benefits, so eligibility for receiving them has a time limit. Generally speaking, you must prove you are disabled within five years of ending your employment. For example, someone who is injured in 2001, and stops working for wages that year, must usually establish disability by some time in 2006. Waiting until the workers' compensation claim is resolved in 2008 will make it more difficult to obtain the medical evidence and testimony necessary to establish disability before 2006. Therefore, if you expect to be out of work for more than a year due to your disability, consider filing for Social Security disability benefits as soon as you stop working.

Another reason to apply for Social Security disability benefits at that time is to protect your Social Security retirement benefits. Payroll taxes support the payment of Social Security disability benefits, and payment of these taxes ends when you stop working. This means that if you leave the workforce before age 62, your retirement account will show a number of years of "zero" income. However, when you are declared disabled by the Social Security Administration, your retirement account is not affected by those years of zero income because your earnings record is "frozen" by your receipt of Social Security disability benefits.

Additionally, if you are awarded Social Security disability benefits, you become entitled to Medicare two years after you begin receiving those benefits. Even while receiving workers' compensation payments, Medicare eligibility can provide access to valuable medical insurance and prescription benefits for non-work-related conditions.

Finally, an award of Social Security disability benefits can provide you with income protection if your workers' compensation benefits are terminated. Also, an award of Social Security disability benefits gives you the opportunity to resolve your workers' compensation claim for a lump sum, knowing that you have another source of income.

Contrary to what you may have been told, it is a good idea to explore the possibility of filing for Social Security disability benefits as soon as you leave the job market due to illness or injury. Contact us at Quatrini Rafferty to discuss your specific workers' compensation or social security disability situation.

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Quatrini Rafferty Congratulates Greater Latrobe Ice Cats on Penguins Cup, Pennsylvania Cup Victories

2009-03-25T06:19:00.000-07:00

The attorneys and staff at Quatrini Rafferty extend our most sincere congratulations to the Greater Latrobe hockey team for their 3-0 win over Montour in the PIHL Class AA Penguins Cup final, and their 3-2 win over Council Rock South in this past weekend's Pennsylvania Cup final. The wins give the Ice Cats back-to-back Penguins Cup titles for 2008 & 2009, and, back to back state championships.

For the entire story on Latrobe's victory, see the write-up on the Pittsburgh Penguins website (http://penguins.nhl.com/team/app?articleid=415110&page=NewsPage&service=page) or the story in Tuesday's Post Gazette (http://www.post-gazette.com/pg/09083/957822-364.stm)

For coverage of Latrobe's win in the Pennsylvania Cup, see the following Pittsburgh Post Gazette article: http://www.post-gazette.com/pg/09088/959140-364.stm

(photo by John Heller of the Pittsburgh Post Gazette)
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Brian P. Bronson, Michael V. Quatrini Receive Certification to Represent Veterans in VA Disability Claims

2009-03-24T17:30:00.000-07:00

Quatrini Raffety attorneys Brian P. Bronson and Michael V. Quatrini were recently certified by the U.S. Department of Veterans' Affairs to represent veterans in cases for disability compensation.

"The Psychology of Unemployment"

2009-03-09T10:01:00.000-07:00

The National Public Radio news program "Day to Day" ran a story this afternoon on the psychological effects of unemployment. Although the program discussed unemployment due to the current economic downturn, the attorneys here at Quatrini Rafferty felt its message could apply to those unemployed for any reason - recession, work injury, severe sickness, etc.

Listen to the full program here:

http://www.npr.org/templates/story/story.php?storyId=101619824

If you are having trouble with the link, email us at admin@qrlegal.com and we will forward the story.

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Michael V. Quatrini Successful in Federal District Court of Western Pennsylvania

2009-03-03T18:05:00.000-08:00

On February 19, 2009, Quatrini Rafferty attorney Michael V. Quatrini obtained a Remand of a Social Security Disability case that was appealed to Federal District Court for the Western District located in Pittsburgh.

United States District Judge Arthur J. Schwab agreed with Quatrini's argument that the functional capacity assessment produced by the Administrative Law Judge was not supported by substantial evidence because the ALJ relied on the Plaintiff’s use of drugs or alcohol as a basis for denying their application for benefits without making the requisite determinations with regard to their materiality.

The case will now go back for another hearing before an Administrative Law Judge.

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QR COMMENTARY: McDonald's Denies Workers' Compensation for McHero

2009-02-26T19:17:00.000-08:00

We here at the Quatrini Rafferty blog recently heard about an astonishing workers' compensation denial and had to pass it along to our clients and friends.

We all remember the infamous "coffee spill" case from some years ago. It generated national news for the large jury verdict against McDonald's and became a poster child for out of control juries. At the time, and to this day, many individuals have been lead to believe that the Plaintiff in that case was just "out for the money."

But most people are unfamiliar with the real details behind the "coffee" matter. For starters, it is not well known that the Plaintiff was 83 years old and that the coffee was brewing at between 195-205 degrees....a temperature 20-30 degrees higher than any other restaurant. Or, that the Plaintiff in that case suffered third degree burns which necessitated $10,000 in medical bills. It is also not commonly known that the Plaintiff offered to settle for far less than the final jury verdict, a number that fairly represented her lost wages, out of pocket expenses, medical bills.

No, the public was lead to believe, by the negative public relations campaign paid for by McDonald's, that the Plaintiff was just looking to get paid.

Well, maybe McDonald's tough tactics finally caught up with them.

Last summer Nigel Haskett, an employee at a McDonald's in Arkansas, was shot when he attempted to restrain a McDonald's patron from abusing a woman in the restaurant. Due to his injuries, Mr. Haskett's medical bills totaled close to $300,000. Yet, when he filed a claim for workers' compensation, the company DENIED his claim:

"We have denied this claim in its entirety as it is our opinion that Mr. Haskett's injuries did not arise out of or within the course and scope of his employment."

At the time, McDonald's tough stance probably seemed like a good legal maneuver. But, their insensitivity came back to bite them when the national media picked up the story.

http://video.yahoo.com/watch/4563343/12219217

Because of the embarrassing press, the owner of the McDonald's in question has now voiced his support for Mr. Haskett against the insurance company. However, the insurance company has yet to budge.

Whether Mr. Haskett will be successful is tough to tell, as we have no knowledge of the workers' compensation law in Arkansas'. But, we sure hope that Mr. Haskett gets an appropriate award for his heroism.

For for the real facts on the "coffee" case check out the link below:

http://www.social.mtu.edu/faculty/speters/WrightsMcDonaldsfacts_000.htm

For more coverage of Mr. Haskett's situation, check out the video covering the story and read an article critical of the denial below:

http://www.youtube.com/watch?v=rwhw-Inji0k&feature=email

http://www.huffingtonpost.com/david-weiner/mcdonalds-mcscrews-hero-o_b_169048.html

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Stimulus Package Boosts Social Security Administration

2009-02-24T19:49:00.001-08:00

In addition to distributing direct payments to recipients of Social Security and Veterans' Disability, the stimulus package will also benefit the Social Security Administration.

In an online interview with Federal News Radio, SSA Commissioner Michael Astrue
tells the that the Administration is due to receive more than $1 billion from the bill and expects its fiscal 2009 budget to be $126 million more than the President's request.

For the first time in several years, Commissioner Astrue feels that Congress "finally understands SSA's technology shortcomings" and adds that the SSA "could be in the best financial shape in a long time." In terms of numbers, the FNR article notes that approximately $500 million of the Stimulus is dedicated for the Administration's "new national computer center."

Beyond finances, the FNR article had hopeful news for those waiting for hearings, noting that "The agency also plans to hire 3,000 to 6,000 new employees in 2009 to help deal with the backlog of disability claims and increase in retirement applications that is expected over the next few years."

With all of these big plans, it will be interesting to track SSA's progress over the next few years.

To read the entire FNR article, click below:

http://www.federalnewsradio.com/index.php?nid=35&sid=1609546

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UPDATE: Stimulus Bill Expands COBRA Coverage

2009-02-24T07:21:00.000-08:00

The following article was written by Quatrini Rafferty partner, Vincent J. Quatrini, Jr., and will appear in the forthcoming Spring 2009 QR Newsletter

COBRA: THE STIMULUS LAW PUTS MEDICAL INSURANCE WITHIN REACH

COBRA is the federal law that requires Employers to allow separated employees to purchase medical insurance through the company group plan for up to 18 months after separation, at 102% of what the company is paying for that insurance.

Up until now, that 102% was well beyond the financial reach of almost all displaced workers. The new stimulus law, pushed by President Obama, and signed by Congress,provides real financial relief to displaced workers who want to stay in the company plan.

With the stimulus package, the government agreed to pay 65% of COBRA premiums for people who receive pink slips between Sept. 1, 2008 and Dec. 31, 2009. The subsidy is limited to nine months and available only to those without another source of group health insurance.

Individuals who lost jobs after Sept. 1, 2008, but who did not sign up for COBRA at that time will get a second chance to do so. Employers must send these former workers a notice by mid-April. These workers have 60 days after receipt of the notice to pay into the plan.

Eligibility does not depend on income. But individuals with income over $124,000 will have to pay tax on the subsidized amount.

The subsidy money will not come to you directly. It will be sent to your employer in the form of an offset against payroll tax liability. You send in your payment of 35 % of the premium to your former employer and the government will credit the remaining 65% of the premium against your former employer's payroll tax.

For most people, the subsidies will start March 1. If you are already in the COBRA plan with your former employer, you will not receive reimbursement for any COBRA payments you made between Sept. 1 and March 1.

These are just the highlights. Many details still have to be worked out. Quatrini Rafferty suggests that if you do not hear from your former employer in the next 45 days that you contact your employer and find out who is administering their COBRA benefits. If that doesn't work, try the Employee Benefits Security Administration, a unit of the U.S. Department of Labor, at 866 - 444 - 3272.

Stimulus Bill Expands COBRA Coverage

2009-02-23T06:34:00.000-08:00

The new Stimulus Bill signed into law by President Obama includes an unprecedented expansion for COBRA, the federal statute that provides workers and their families with access to 18 months of health benefits from their previous employer.

To this point, the former employee had to pay for his or her portion of what the employer once paid on their behalf. The new legislation lends a hand to the former employee, funding up to 65% of the COBRA premium for those who became eligible for COBRA coverage between Sept. 1, 2008 and Dec. 31, 2009. The legislation also gives the recently unemployed a second chance to enroll in COBRA coverage.

An online article in the The City Wire (http://www.thecitywire.com/index.php?q=node/2977) does a nice job of breaking down the details of the plan:

Employee Eligibility

Individuals who have been involuntarily terminated between September 1, 2008 and December 31, 2009 with annual incomes less than $125,000 (single) or $250,000 (couples) are eligible for the COBRA premium assistance, along with their family. Qualified individuals, who initially decline COBRA coverage, would be given an additional 60 days after they receive notice of the special election period to elect to receive the subsidy. The election period begins on the date of enactment of the ARRA.

Special Enrollment

The bill allows group health plans to provide a special enrollment right to allow eligible individuals to elect different coverage under the plan in electing COBRA continuation coverage.

Notice Requirements

COBRA notices must include information on the availability of the premium assistance. Model notices from the Department of Labor are due 30 days after enactment.

Effective Date

These provisions are effective for premiums the first calendar month following the date of enactment.

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Weight of Combat Gear Causing Increased Injuries in Military Veterans

2009-02-20T07:38:00.000-08:00

A February 1, 2009 article in The Washington Post entitled "Weight of Combat Gear Is Taking Toll," discusses the significant increase in orthopedic muscle and bone injuries due to the weight of combat gear. The Army, which reported 257,000 acute orthopedic injuries last year, is studying the effects of the heavy gear and investing in lighter versions of the gear, which can weigh anywhere from 60 to 150 pounds.

Read the entire story on the Washington Post website:

http://www.washingtonpost.com/wp-dyn/content/article/2009/01/31/AR2009013101717_pf.html

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CNN Gives Tips for Individuals Without Health Insurance

2009-02-19T06:10:00.000-08:00

CNNHealth.com published an article today aimed at helping those without health insurance.

Story highlights include coverage of organizations who offer financial assistance for certain conditions and diseases, information on state and federal government programs and free clinics, help for prescription drugs, and companies who offer health insurance to part-time workers.

Check out the full article here:

http://www.cnn.com/2009/HEALTH/02/12/ep.health.insurance.help/index.html

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Quatrini Rafferty Helps Local Recycling Efforts In Westmoreland County

2009-02-18T13:57:00.000-08:00

Quatrini Rafferty recently partnered with Westmoreland Cleanways, the recylcing coordinator for Westmoreland County, to promote recycling efforts in the western part of the county.

http://www.pittsburghlive.com/x/blairsvilledispatch/s_566507.html

Learn more about Westmoreland Cleanways and its mission at:

http://www.westmorelandcleanways.org/

You can also read more about Westmoreland Cleanways in the "QR Community Partners" section of our Fall 2008 newsletter:

http://www.qrlegal.com/CM/Custom/TOCArticles.asp

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Stimulus Payments for Recipients of Social Security / SSI

2009-02-18T13:20:00.000-08:00

President Obama recently signed into law the American Recovery and Reinvestment Act of 2009. This act provides for the one-time payment of $250 to individuals who get Supplemental Security Income or Social Security benefits.

Social Security expects everyone who is entitled to a payment to receive it by late May 2009. They are currently working on the details regarding how they will issue over 60 million one-time payments to beneficiaries.

They will deliver the payment in the same way they currently deliver Social Security or SSI benefits. If they deliver monthly benefits by check, they will deliver the one-time payment by check. If they receive a monthly direct deposit or Direct Express debit card payment, that is how they will receive the one-time payment.

Individuals receiving benefits from the U.S. Department of Veterans Affairs or Railroad Retirement Board may be eligible for these one-time payments.

For more information please see Social Security's website at: http://www.ssa.gov/payment/ or contact Quatrini Rafferty at 724-837-0080.

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Pennsylvania Bureau of Labor and Industry Announces Average Weekly Wage for 2009

2009-01-20T06:42:00.000-08:00

Pursuant to the Workers' Compensation Act, Section 105.1, the Department of Labor & Industry has determined the statewide average weekly wage for injuries occurring on and after Jan. 1, 2009, shall be $836.00 per week.

For purposes of calculating the update to payments for medical treatment rendered on and after Jan. 1, 2009, the percentage increase in the statewide average weekly wage is 3.6 percent.

For more information, see the website below:

http://www.dli.state.pa.us/landi/cwp/view.asp?a=138&q=58516

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Quatrini Rafferty Lends a Hand to 15th Annual "Polo for the Cure" event in Westmoreland County.

2008-09-24T08:23:00.000-07:00

Quatrini Rafferty was again a tent sponsor of the 15th Annual Polo for the Cure benefiting The Leukemia & Lymphoma Society. QRG attorney Joyce Novotny-Prettiman served on the Steering Committee for the event which crushed its initial goal of $140,000 by raising over $190,000!!

Congratulations to the Leukemia & Lymphoma Society for such a successful and wonderful event!
__________________________________

Vincent J. Quatrini, Jr. appointed to Westmoreland Land Trust

2008-09-24T08:05:00.000-07:00

Quatrini Rafferty partner Vincent J. Quatrini, Jr. was recently appointed as a Board Member to the newly created Westmoreland Land Trust.

The Westmoreland Land Trust was formed to "conserve and steward lands and waters of Westmoreland County that harbor ecological, scenic or recreational qualities to offer a healthier and more sustainable future for all."

To learn more about the Westmoreland Land Trust and its mission please visit the following links:

Westmoreland Land Trust website:

http://www.wcdpa.com/landtrust/

Westmoreland County's website:

http://www.co.westmoreland.pa.us/westmoreland/cwp/view.asp?a=1421&q=626769

Pittsburgh Tribune Review:

http://www.pittsburghlive.com/x/pittsburghtrib/search/s_541490.html
______________________________________

Rerko Successful in Federal District Court of Western Pennsylvania

2008-09-23T13:25:00.000-07:00

Quatrini Rafferty partner Tereasa Rerko recently obtained a Remand of a Social Security Disability case that was appealed to Federal District Court for the Western District located in Pittsburgh.

The Court agreed with Ms. Rerko's argument that the Administrative Law Judge who decided the case at the hearing level did not use the correct standard when evaluating what side effects were caused by the Claimant's pain medication, and, how those side effects impacted the Claimant's ability to work on a full-time basis. The case will now go back for another hearing before an Administrative Law Judge.

The case, Lickenfelt v. Astrue, 2008 WL 2275538 (Western District of Pa.), has been published in the Federal Court Reporter, and in the future will affect other cases with the same issues.
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New QRG Radio "Legal Check Up" shows added to website!

2008-09-19T07:54:00.002-07:00

We recently had our newest "Legal Check Up" shows archived. They can be found here:

http://www.qrglaw.com/CM/Custom/Radio-Shows.asp

Listen today!

Navigating Legal Issues in Psychiatry, Disability and Workers' Compensation

2008-09-19T07:54:00.001-07:00

QRG partner Vincent J. Quatrini, Jr., was a featured speaker at the 10th Annual Behavioral Health and Society Seminar: The Law, The Mind and Community Wellness held at Chestnut Ridge Inn on the Green in Blairsville, Pennsylvania on September 12, 2008. The event, which was attended by over 200 health care provides and advocates, was formed to address strategies for enchancing the ability of individuals with mental illness to lead successful and fulfilling lives.

The event was sponsored by Torrence State Hospital, Cambria-Somerset Council for Education of Health Professionals, Inc., Fayette County Mental Health/Mental Retardation, Office of Mental Health and Substance Abuse Services, Mental Health America of Westmoreland County, PA Chapter of the American College of Healthcare Administrators and S'eclairer Englightening Self With Knowledge.

Mr. Quatrini's presentation, "Navigating Legal Issues in Psychiatry, Disability and Workers' Compensation," focused on the uphill legal battles facing individuals suffering from mental health challenges.

Vincent J. Quatrini, Jr., Named to Pennsylvania Bar Association Task Force On Lawyer Advertising

2007-06-01T08:14:00.000-07:00

Quatrini Rafferty managing partner Vincent J. Quatrini, Jr., was named to the Pennsylvania Task Force on Lawyer Advertising by Pennsylvania Bar Association President Kenneth Horoho.

The following is reprinted from the Task Force report:

On June 9, 2006, President Kenneth Horoho, the newly-elected President of the Pennsylvania Bar Association (PBA), gave his inaugural speech to the House of Delegates. During the speech, he outlined the goals of his year in office, and laid out his agenda for the year. One of the key goals was to improve the quality of lawyer advertising, and to return dignity to the legal professions’ dealings with the public.

The formation and the work of the Pennsylvania Bar Association’s Task Force on Lawyer Advertising began with President Horoho’s speech in early June 2006. This report will outline the composition and the work of the Task Force, and will summarize the conclusions and recommendations that were reached as a result of President Horoho’s call to action.

In creating a Task Force on Lawyer Advertising, President Horoho was responding to complaints from many members of the Bar Association concerning the quality of lawyer advertising. Among many lawyers, there has been an increasing concern over lawyer advertising lowering the public’s perception of the profession, and distorting the public’s understanding of the work of lawyers. There was a growing sense that the Bar Association, as a voluntary organization of lawyers, had a duty to protect the public, and to preserve the image of the profession in the eyes of the public. As a result, President Horoho asked the Task Force to study the efforts made in other states, to review their rules and regulations, and to suggest changes to the current Rules of Professional Conduct in effect in Pennsylvania. In addition, he asked the Task Force to consider programs and educational activities that could assist lawyers in advertising in a manner consistent with the Rules, and that would enable the public to protect itself from improper or unethical lawyer advertising and solicitations.

The Task Force met several times and produced their final report in May 2007:

http://www.abanet.org/cpr/professionalism/050807_3082633-v3-PHILADELPHIA-PBA.pdf

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Quatrini Rafferty Sponsors Seminar for Sony Employees

2007-04-22T20:07:00.000-07:00

On April 20, 2007, Quatrini Rafferty sponsored a session for Sony employees in East Hungtington, PA. The workshop was intended to help Sony employees understand and protect their rights in the event they lose their employment with the company.

Read about the Sony employees and the seminar in the Tribune Review here:

http://www.pittsburghlive.com/x/pittsburghtrib/business/s_503978.html

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Vincent J. Quatrini, Jr. Named Best Workers' Compensation Attorney in Westmoreland County by Pittsburgh Magazine

2007-02-01T06:44:00.000-08:00

Quatrini Rafferty attorney and founding partner Vincent J. Quatrini, Jr. was named one of the top attorneys in Western Pennsylvania by Pittsburgh Magazine.

http://www.wqed.org/mag/features/0207/best_lawyers6.php#wvworkcomp

Quatrini was the only workers' compensation attorney from Westmoreland County to be named to the list.

Congratulations Vince!

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