Pre-existing and congenital conditions may play a role in the ability of somone to get compensation benefits -- however, the real question is was there something at work, some factor that acted on you to cause a worsening of your condtion. For instance, you have a bad heart, and you end up working in a hot room for tweleve horus then you have a heart attack due in part to that condition - techinically it is a covered accident. So bottomline, you'll need to provide more facts about the circumstances surrounding the condition.
EVERY case is different. The answers provided here are general and not related to the specifc facts of your case.... more
EVERY case is different. The answers provided here are general and not related to the specifc facts of your case. I am not your attorney and if necessary you should seek legal counsel. This answer is NOT to be considered legal advice and there is NO attorney client relationship implied from this answer.
You can receive SSDB for CAD. SSA has a medical listing for cardiac impairments and CAD is cited within the cardiac impairment listing. If you have an interest in applying for SSDB I suggest that you consult with an attorney whose law practice focuses on SSDB.
My answer is based upon the limited facts you have provided. Please be reminded that there is no client/attorney... more
My answer is based upon the limited facts you have provided. Please be reminded that there is no client/attorney relationship formed or implied by my response. It is strongly recommended that you contact an attorney to discuss the details of your case. If you wish to meet with me. I can reached via telephone (631) 777-5440 or website email: www.sharminepersaud.com.
In order to receive workers' compensation benefits your injury/condition must arise out of and in the course of your employment. This means that it had to kappen while you were working and had to be caused or contributed to by the work you were performing. If you had a pre-existing or even congenital condition, but were able to do your regular work with it and after whatever happened to you at work, it was aggravated and you are now disables as a result, this could be compensable. You will need to identify the factor at work that caused thecondition or aggravation (for example, heavy lifting episode, argument with customer, work environment such as excessive heat, etc.). You will also then need your doctor to diagnose the condition or aggravation and ascribe causal relationship between your condition/disability and whatever happened at work. This can be a complicated matter and to assist you with this it is recommended that you immediately consult with an attorney experienced in handling workers' compensation cases. If your case is not compensable under the Workers' Compensation Law or if you apply and it is denied, you can file for NYS short-term disability benefits and if you Good luck.
This answer does not constitute legal advice nor does it create any attorney client relationship. It is provided... more
This answer does not constitute legal advice nor does it create any attorney client relationship. It is provided for general purposes only and you should not rely upon it in making any decisions. You should consult with an attorney licensed in your state who is experienced in the area of law involved in your question.
Yes they can get social security disability if this condition affects their ability to work.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
You might be asking about Social Security disability, so I've shared your question with Avvo's Social Security law forum, where your question may be seen by more attorneys who practice in this area of the law.
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***