Workers Compensation Newsletters

Payment for Representation of a Social Security Claimant

A social security claimant may choose to be represented by a third party in his dealings with the Social Security Administration (SSA). If the third party accepts the role of "representative" on behalf of the claimant, he is prohibited from charging the claimant a fee without prior authorization from the SSA. This holds true even if the claim is denied. To obtain approval from the SSA, the representative must use either of two fee authorization processes.

Representative Payees for Supplemental Security Income Beneficiaries

When a Supplemental Security Income (SSI) beneficiary is unable to manage his SSI funds, the Social Security Administration (SSA) appoints a representative payee to do so on behalf of the beneficiary. A representative payee can be an individual, organization, agency, or institution. Generally, an SSI beneficiary in need of a representative payee includes a child under age eighteen, a legally incompetent adult, and any other person who the SSA determines to be incapable of managing his funds.

Recovery of Costs, Attorney's Fees, and Interest in Workers' Compensation Actions

Generally, parties in workers' compensation actions are responsible for their own attorney's fees and costs. The amount of attorney's fees that can reasonably be charged to a claimant in pursuing his claim for benefits is specifically outlined in many state statutes. For example, some states will cap attorney's fees at a specified dollar amount; others will cap such fees at a designated percentage of the amount recovered as benefits by the claimant.

Employer's Transportation of Employee

When an employer transports the employee to and from his place of work, the journey is considered to be in the course of employment. Therefore, if the employee is injured during the journey, his injuries should be covered by workers' compensation. The reason that compensation is allowed in this circumstance is that the employer's control over the transportation concomitantly extends the employer's control over the employee.

Correlation Between Workers' Compensation and Social Security Disability Benefits

Workers' compensation and social security disability insurance (SSDI) benefits both aim to help disabled individuals by providing funds for income replacement. Though similar in purpose, the programs diverge in their criteria for the receipt of benefits. Eligibility for workers' compensation benefits requires that the individual be an employee who was injured on the job. In contrast, SSDI benefits are only issued to those individuals who are so severely disabled by a medically determinable impairment that they cannot engage in any substantial gainful activity. Additionally, to be declared eligible for SSDI benefits, an individual must have worked long enough to be "insured" and must not have reached a certain age.