New York's LEADING Union LEGAL SERVICES PROGRAM

Transcription

1 New York's LEADING Union LEGAL SERVICES PROGRAM covenng Taking Care of Business Elder Law Persona/Injury Matters Workers' Compensation Social Security Disability Veterans Disability Benefits Personal Legal Matters call follow prompts for Legal Services Program Fa ll 2015

2 Access to the Members-Only CSEA Legal Services Program is available by: 1. Calling and following prompts to the Legal Services Program. or 2. Going to the CSEA website at and then logging on to the members-only portal where you will find the link for the Legal Services Program. This material is copyrighted by CSEA and may not be reproduced without their written permission. Fa/12015

3 Dear Brothers and Sisters, CSEA is committed to not only improving your work life but your personal life as well. As evidence of that commitment, I am pleased that we can offer you quality legal representation in matters of a personal nature. Our employment related Legal Assistance Program is the finest in the union movement. Additionally, we are able to offer you and your family a Legal Services Program that covers just about all your personal legal needs. The Program covers injury and non-injury matters. There is only one thing you have to do to access any of these services. Call our toll free number ( ), select the option for the CSEA Legal Services Program, and you will be on your way to insuring that your personal needs are addressed via a statewide network of skilled attorneys who are committed to providing quality legal services to you and your family members. Also, you can access the Program on-line at As a CSEA member, once you access this Program, you can rest assured that those that serve you will do so by meeting our standards for unprecedented client care and responsiveness, legal competency and where applicable, substantially discounted fees. Our Legal Department serves in an oversight role for this exciting approach to personal legal services. They work diligently with the Program attorneys to insure that our high standards are met and your needs are fulfilled. The Legal Department will continue to monitor the Program and address whatever Program concerns or questions you may have. All you need is to send us an at the member contact us address (contact_us@cseainc.org) or call us at ext and we will follow-up on your concern directly. I encourage you to use this member benefit and to let your CSEA sisters and brothers know about it as well. Danny Donohue President

4 TABLE OF CONTENTS TAKING CARE OF BUSINESS OVERVIEW OF LEGAL SERVICES PROGRAM 1 WHAT YOU NEED TO KNOW 2 PERSONAL INJURY MATTERS OVERVIEW OF LEGAL SERVICES PROGRAM 3 WHAT YOU NEED TO KNOW 5 WORKERS' COMPENSATION OVERVIEW OF LEGAL SERVICES PROGRAM 7 WHAT YOU NEED TO KNOW 9 SOCIAL SECURITY DISABILITY OVERVIEW OF LEGAL SERVICES PROGRAM 11 WHAT YOU NEED TO KNOW 13 VETERANS DISABILITY BENEFITS OVERVIEW OF LEGAL SERVICES PROGRAM 15 WHAT YOU NEED TO KNOW 16 PERSONAL LEGAL MATTERS OVERVIEW 17

5 TAKING CARE OF BUSINESS OVERVIEW OF LEGAL SERVICES PROGRAM Events such as illness or disability requiring long-term care can happen to you, your spouse, your child or your parent at anytime. You have worked hard to have your own home, put away money for retirement and save for your children. All of this could be threatened. The Plan has been created to provide you and your family access to attorneys who specialize in this complex area of law and who will work with you in this area at very affordable rates. e Plan Benefits for You and Your Family The Plan attorneys will: - Meet with you to review your present situation and make recommendations as to what you should do immediately. Prepare necessary legal documents such as a Will, Power of Attorney, Health Care Proxy, Family Trust, Living Trust. Counsel you with respect to estate tax planning strategies, IRA and pension fund planning, guardianships, long-term care insurance options, asset protection in face of catastrophic illness. Represent you in the Medicare/Medicaid application process, probate and estate administration. e Services Offered Through the Plan Available services include: - Low cost wills, powers of attorney, health care proxies tailored to protect family assets and homesteads - Reduced fee trust agreements, deeds, Medicaid eligibility services - Non-crisis related consultations and pre-crisis planning - On-going annual trust services - Information and publications - Educational seminars

6 TAKING CARE OF BUSINESS WHAT YOU NEED TO KNOW e Low Cost All Plan attorneys have agreed to discount their regular fees by 20% for CSEA members and their family. Fees vary depending on the geographic area of the participating attorney. Without the benefit of the CSEA Plan discount, these services would cost you much more. e Access to Plan Attorney It's never too late or too early to consult with an Elder Law attorney. Even if a family member is already in a nursing home, there are special law provisions that might enable you to protect assets that would otherwise be spent for that care. Call the CSEA toll-free number: and follow the prompts for the Legal Services Program. Listen to the directions for accessing the CSEA Legal Services Program to locate a Plan attorney nearest you. Also, information is available on CSEA's website at

7 PERSONAL INJURY/THIRD PARTY CLAIMS OVERVIEW OF LEGAL SERVICES PROGRAM e Representation for NON work-related as well as work-related claims. As a CSEA member, you and members of your family, can have legal representation for lawsuits against the party responsible for your injuries, whether or not the injury occurred on the job. Examples of the kinds of claims covered by this aspect of the Program include: Construction Accidents Motor Vehicle Accidents Product Liability Building and Sidewalk Falls Medical Malpractice Dog Bites Other causes of injury e Access to a Program Attorney Call the CSEA phone number: and follow the prompts for Legal Services Program, and listen to directions. For all legal matters concerning injuries, you will be connected to a Case Appraisal Manager at Fine, Olin & Anderman, LLP (FOA), the Program Administrator. In a matter of minutes, sufficient information will be ascertained so that you will be connected to an attorney for a thorough evaluation. e Important to Remember Depending on who the potential defendant(s) may be and the type of claim, there are varying statutes of limitation (the time in which a lawsuit commenced) that apply. Some statutes are as short as 90 days. Therefore, it is in your best interest to call as soon as possible after the accident. If the injuries were caused by a car accident, no fault filings must be made within 30 days to protect your medical and wage benefits.

8 PERSONAL INJURY/THIRD PARTY CLAIMS OVERVIEW OF LEGAL SERVICES PROGRAM e Third Party Lawsuits Often the same accident may entitle an injured worker to both file a Workers' Compensation claim and a claim against the party who caused your accident. Injured workers often do not understand that if eligible, they do not have to make a choice between filing for Workers' Compensation and initiating a Personal Injury claim. In fact, the injured worker, if eligible, should pursue both claims at the same time. The CSEA Legal Services Program allows you to initiate both claims with a single phone call. e Representation Whether or not your claim or lawsuit has a companion Workers' Compensation claim, you can expect your attorney will be accessible to you, whether in person or by phone. You will have a Managing Attorney and Legal Assistant assigned to you, and if the case needs to go to trial to get you a just result, your Trial Attorney will be competent and experienced.

9 PERSONAL INJURY/THIRD PARTY CLAIMS WHAT YOU NEED TO KNOW e If you sustain a personal injury as a result of an accident caused by someone else's carelessness, you may have the right to seek monetary damages for injuries that were caused by that other party's negligence. e The injury does NOT have to be work-related. CSEA members and their families can utilize the CSEA Legal Services Program for non work-related personal injury claims. e Some examples of covered accidents include: Motor vehicles - auto accidents Pedestrians struck by a motor vehicle Bicycles, boats Slip (or trip) and fall downs Dog bites Construction work Defective or unsafe products Medical malpractice e This CSEA Program covers you from claim through lawsuit, if necessary. e Many factors must be considered in determining the monetary worth of a personal injury claim or suit: The results of investigations. The amount of the defendant's insurance coverage. The full extent of your injuries. The full extent of your lost wages and medical expenses. Your age and the degree of permanent disability, if any.

10 I PERSONAL INJURY/THIRD PARTY CLAIMS WHAT YOU NEED TO KNOW e Insurance companies are responsible to pay money only for injuries that were caused by negligent parties. If the person who caused the accident was negligent, but you did not sustain any damages or injuries, the insurance company is not responsible for paying anything. If you did sustain damages and injuries caused by the accident, the insurance company must pay, up to the policy limits that the negligent party had in place on the day of the accident. Call CSEA's Legal Services Program at and follow the prompts.

11 WORKERS' COMPENSATION OVERVIEW OF LEGAL SERVICES PROGRAM e Help in filing a claim. To establish a Workers' Compensation claim, the injured worker must complete and submit a Workers' Compensation Board (WCB) form C-3 to the Workers' Compensation Board. Fine, Olin & Anderman, LLP, (FOA), the Program Administrator for CSEA's Legal Services Program for all injury-related matters, will do an intake, fill out the C-3, and send it to you for verification and signature. When you send back the signed C-3, FOA will file it with the WCB. Claims (C-3 forms) must be filed within two (2) years of an accident or two years from the date you knew or should have known you had an occupational disease. e Legal representation at every hearing Unrepresented injured workers often do not understand what is transpiring at the usual 5-10 minute hearing, let alone at a trial hearing that is longer and involves testimony. Consequently, unrepresented workers often do not get all they are entitled to. The CSEA Legal Services Program provides an attorney to represent you at hearings, obtains available medical documentation, answers your questions, and fights to insure that you get all of the benefits the law provides in the way of medical coverage and cash compensation. e A legal assistant assigned to each client When a worker is injured, it isn't long before phone calls and letters from insurance and employer representatives start coming. It's comforting to know that a legal assistant (LA) will be assigned to you soon after you call for representation. The LA is available by phone to help move the case along and answer questions. All documents in your client file are imaged into the computer, so the legal assistant will always have the complete file available when you call.

12 ' WORKERS' COMPENSATION OVERVIEW OF LEGAL SERVICES PROGRAM e A managing attorney assigned to each client As a client, you will be assigned an attorney who will manage your case and will attend the hearings for the case; submit legal briefs when necessary; communicate with the Workers' Compensation Board, insurance carrier and medical providers; and meet with you as needed. e Hearings held at WCB locations close to worker's home or work Because the Program provides attorneys in offices across NY State, attorneys are able to attend hearings at every Workers' Compensation Board (WCB) hearing location in the State. The WCB schedules its hearings at locations near the claimant's home or place of employment. Upon request the WCB will even change a hearing location to accommodate the claimant.

13 WORKERS' COMPENSATION WHAT YOU NEED TO KNOW e Workers' Compensation is a form of insurance paid for by your employer It provides: Full coverage for all medical care for your work-related injury. Partial wage replacement for temporary or permanent loss of earnings. Special compensation for loss or partial loss of the use of a limb. e You do not have to lose time from work to be eligible for Workers' Compensation. e Just notifying your employer when injured does NOT begin a Workers' Compensation claim. If you are a State worker, calling the State's 800 number only reports the accident to the employer - it does NOT begin a Workers' Compensation claim. e Steps to obtain coverage: Obtain emergency medical treatment if needed. Report accident to supervisor within 30 days of the accident. Place yourself under the care of a physician who treats Workers' Compensation patients. Call CSEA's Legal Services Program at and follow the prompts.

14 WORKERS' COMPENSATION WHAT YOU NEED TO KNOW e Why you should file a claim It costs you nothing to file. Your health insurance will not pay medical costs for injuries that happen at work. You have 2 years to file a claim from the date of the accident or a physician tells you your medical problem is related to your work. (Occupational disease). Once established, a Workers' Compensation claim entitles you to the medical benefits and weekly payments for a minimum of 18 years, and possibly for life. Also, cash awards for injuries to the extremities are available, even without lost time. e What is covered by Workers' Compensation Work-Related Accident: An event arising out of and in the course of employment that results in injury to the worker. Occupational Disease: Medical problems or injuries that are the result of the type of work you do and occur over a period of time. e Examples of Occupational Disease: Carpal Tunnel Syndrome Tendinitis Hearing Loss Asbestosis Respiratory problems due to identified chemical or hazardous substances.

15 SOCIAL SECURITY DISABILITY BENEFITS (SSDB) OVERVIEW OF LEGAL SERVICES PROGRAM e What are the Benefits of SSDB? Without reaching the normal retirement age (65 or older, depending on date of birth), a person unable to work because of a disability whether physical, mental or both, may receive a monthly payment in the same amount they would have received at their normal retirement age, regardless of their current age. Workers between 18 and 31 need not even have been contributing to the Social Security System, but at age 31 and older, a minimum number of qualifying quarters are necessary. Most workers meet this requirement easily. After completing two years of eligibility for SSDB payments, the worker becomes eligible for Medicare, regardless of age. e How to File for Social Security Disability Benefits 1) Approximately six months following the last day worked, if a disability or illness has kept you from working, an application should be filed at the local Social Security Administration office. Applicants over 30 years of age must have worked and contributed to the Social Security system for at least five out of the ten years preceding the date of application. 2) You should call CSEA's Legal Services Program ( ) and follow the prompts. Let the Case Appraisal Manager who answers the phone know that this is a Social Security Disability case. You will be transferred to a legal assistant who specializes in Social Security Disability who will answer your questions. However, you must file the initial application on your own; the legal assistant cannot, at this stage, act as an advocate on your behalf.

16 SOCIAL SECURITY DISABILITY BENEFITS (SSDB) OVERVIEW OF LEGAL SERVICES PROGRAM e Legal Representation at Hearing Level If your initial application is denied, be sure to calll and follow the prompts for the CSEA Legal Services Program to get guidance. You will need to request a hearing since your initial application was denied. But you only have 60 days from the date your initial application was denied to request a hearing directly from the Social Security Administration. To allow sufficient time to adequately prepare for a hearing, call the Program right after you apply to the Social Security Administration to request a hearing. Benefits may be awarded retroactively for as much as two years prior to the date of application. The law firm of Fine, Olin & Anderman, LLP (FOA), will represent you at the hearing. e Do Not Be Discouraged Many Social Security Disability applications are denied at the initial stage. Once a hearing is requested, a Program attorney will assist you in preparing for the hearing, gather all necessary information, and represent you at the hearing. The success rate for represented claimants at Social Security Disability hearings is high.

17 SOCIAL SECURITY DISABILITY BENEFITS (SSDB) WHAT YOU NEED TO KNOW e Social Security Disability Benefits provide monthly payments to workers who meet the Social Security Administration's definition of "disabled." e Every disability from which you suffer from, not just on-the-job accidents, is considered by the Social Security Administration in determining your eligibility for benefits. Consequently, even hereditary conditions or the results of aging are considered. e Eligibility requirements: You must be unable to do "any substantial gainful work" due to a physical or mental impairment which has lasted or is expected to last for at least one year. As a general rule if you are over age 30, you must have worked five out of the last ten years preceding the onset of the disability and have contributed to Social Security.

18 SOCIAL SECURITY DISABILITY BENEFITS (SSDB) WHATYOUNEEDTOKNOW e Steps to Obtain Coverage 1. Call or visit your local Social Security Administration office to apply. They will contact all doctors that have treated you, as shown on your application. You do not need an attorney to file the initial application for Social Security Disability Benefits. 2. However, if your claim is denied (many claims are denied at the initial application) you should immediately call CSEA's Legal Services Program at and follow the prompts. You will be interviewed briefly to evaluate your claim. You will be instructed to request a hearing. Your request must be made in writing to the Social Security Administration within 60 days of your denial of benefits. The denial letter contains instructions for requesting a hearing. You will be assigned a legal assistant who specializes in Social Security Disability, and an attorney who will represent you at the hearing.

19 VETERANS DISABILITY BENEFITS OVERVIEW OF LEGAL SERVICES PROGRAM e What Are Veterans Disability Benefits? In addition to many other services, The U.S. Department of Veterans Affairs offers benefits for those with disabilities as a result of their military service. They also offer a pension for disabled wartime veterans, but only if they have limited income and are disabled or over 65 years of age. e How Do I Apply For Veterans Benefits? Initial applications for benefits should be filed with the VA regional office in your area. If you are applying for a VA benefit for the first time you must submit a copy of your service discharge form (DD-214, or for WW veterans, a WD form), which documents your service dates, type of discharge, military service number, and branch. For a listing of Regional Offices and Veterans Centers in all 50 states visit Assistance in filing the initial application for benefits from the VA may be obtained through any State Veterans Service Officer (VSO) or one of the Veteran Service Organizations. Veterans Service Officers assist veterans, their dependents and widows in filing claims for federal benefits. Locations and phone numbers may be found under "State Government, Veterans Service Officer" in the Yellow Pages. The VA also operates a toll-free number for general questions, , or TDD e Eligibility Requirements Eligibility for most VA benefits is based on discharge from active military service under other than dishonorable conditions. Active service means full-time service as a member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or as a commissioned officer of the Environmental Services Admin. National Oceanic & Atmospheric Administration or the Public Health Service.

20 VETERANS DISABILITY BENEFITS WHAT YOU NEED TO KNOW e Qualifications for Disability Compensation You may be eligible for compensation if you were wounded, injured, became ill while on active duty, or have been diagnosed with a disease, PTSD or TBI relating to your service in the Armed Forces. Pre-existing injuries or illnesses which were aggravated by military service may also be covered. Although most service connected disabilities appear during or soon after military service, some conditions may not have appeared at all or appeared but were not too "disabling" until many years after discharge. e Legal Representation if your application for benefits is denied In the event that you are denied benefits, we encourage you to call CSEA at and follow the prompts for the Legal Services Program, injury-related matters. You will be connected to Fine, Olin & Anderman, LLP, (FOA) the statewide law firm in the CSEA Legal Services Program, to assist you. You can also go to the CSEA website and follow the Legal Services link. That will take you to the FOA website with information on Veterans Disability Benefits.

21 I PERSONAL LEGAL MATTERS One out of every two Americans will need legal advice during the next twelve months. Half of these people will attempt to deal with the matter on their own because they either do not know how to retain an attorney or are afraid of the costs associated with doing so. CSEA has created a Personal Legal Services Plan to provide you and your dependents with the knowledge and affordability to protect your legal rights in personal matters. There are two ways you and your family can participate: 1) For a small membership fee, members receive free specified legal services and access to discounted attorney fees for other services. Membership in the Plan is for one year. 2) With no membership fee, members can still call the CSEA Plan Attorney in their area to receive legal services at discounted rates as published in the Fixed Fee Schedule. Legal services are provided by our CSEA Regional Attorney network, supplemented with additional specially selected attorneys committed to the CSEA Plan and to giving us the best coverage throughout the State. Personal Legal Services include: Wills Health Care Proxies Power of Attorney House Closings Bankruptcy Adoption DWI, DUI Traffic Tickets Criminal Matters Property Disputes and more The Personal Legal Services Plan is available in most areas. If you are unsure about the availability of a Plan attorney in your area, please call and follow the prompt for the Legal Services Plan or access the CSEA website.