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

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"

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

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.

--------------------------------------------------

Tribune Democrat: School Closure Hearing Delayed

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

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

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

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

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

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

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 -