Newsletters

Employee Detours and Deviations From Business Trip

Employees may be called upon by their employer to travel for a business purpose. Such travel is generally considered to be in the course of employment and, if injured, the employee will be entitled to workers' compensation benefits. However, if the employee deviates from the business trip route for a personal reason, he will not be covered by workers' compensation until he returns to the business trip route. Notably, if the deviation is basically inconsequential, the employee may still recover benefits if injured on the minor detour.

Confidentiality of Records

The Social Security Administration, like other federal agencies, is subject to the provisions of the Privacy Act of 1974. The Act prohibits the dissemination of information about an individual that is maintained by the agency including that regarding his education, finances, and medical, employment, and criminal history. An individual's application for benefits, submission of medical records, consultative examination reports, and income and resource information would all seem to be covered by the Act. With exceptions, the SSA can only disclose an individual's personal information if it receives a written request by, or with the written consent of, the individual to whom the information pertains.

"Residual Functional Capacity" in Social Security Disability Evaluation

As a correlative step in its disability evaluation, the Social Security Administration examines an individual's residual functional capacity (RFC). The nature of the individual's impairment(s) will determine to what degree his ability to work is impacted. The bedrock of the RFC assessment is what is the most that an individual can do; not the least. An individual's RFC is that remaining functionality that the individual has despite the limitations caused by his impairment. An RFC assessment is made based on all the evidence, which may include the individual's own account of his limitations, observations by physicians, psychologists, friends, neighbors, and the like, work attempt records, and the individual's medical records.

Insurance Carrier Liability and Workers' Compensation

Compensation Third-Party Litigation)

Supplemental Security Income for Children

Children who are blind or disabled are eligible to receive Supplemental Security Income (SSI). The Social Security Administration (SSA) considers a "child" to be an unmarried individual who is under age 18 or, if under age 22, is a student who regularly attends school. A "child" cannot be the head of a household. There is no minimum age requirement; a child may be eligible for benefits from birth.