Disability claims services – Selagy Law http://selagylaw.com/ Thu, 22 Sep 2022 09:33:02 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://selagylaw.com/wp-content/uploads/2021/10/icon-1-120x120.png Disability claims services – Selagy Law http://selagylaw.com/ 32 32 Supreme Court Case – Retroactive VA Disability Benefits https://selagylaw.com/supreme-court-case-retroactive-va-disability-benefits/ Thu, 22 Sep 2022 04:04:12 +0000 https://selagylaw.com/supreme-court-case-retroactive-va-disability-benefits/ Arellano vs. McDonough, No. 21-432, 1 F.4th 1059 (federal circ. 2021), cert. granted, 142 S.Ct. 1106 (2022). Pleading scheduled for October 4, 2022. Problems: (1) Does the rebuttable presumption that plaintiffs can sue the government even after the statute of limitations has expired in certain circumstances apply to the statutory one-year limitation period in 38 […]]]>


Arellano vs. McDonough,

No. 21-432,

1 F.4th 1059 (federal circ. 2021),

cert. granted, 142 S.Ct. 1106 (2022).

Pleading scheduled for October 4, 2022.

Problems: (1) Does the rebuttable presumption that plaintiffs can sue the government even after the statute of limitations has expired in certain circumstances apply to the statutory one-year limitation period in 38 USC § 5110(b)(1) to apply for retroactive veterans’ disability benefits; (2) if so, whether the government has successfully rebutted the presumption that the deadline can be flexible by showing that Congress did not intend to allow any flexibility; and (3) if the government has not rebutted the presumption, whether this case should be referred to the US Veterans Administration (“VA”) so that it can consider whether Arellano’s particular circumstances warrant an extension of time.

Every year, millions of veterans go through the severe and lasting impacts service-related injuries. Since 1990, the number of veterans with a service-related disability has increased by 117%. In recognition of their sacrifice, the VA makes disability benefits available to veterans with a service-related disability. However, many disabled veterans find it difficult to navigate the complex, long application process for these benefits.

Adolfo Arellano served honorably in the United States Navy and was discharged in 1981. Arellano vs. McDonough1 F.4th 1059, 1063 (Fed. Cir. 2021) (Chen, J., agrees). In the year before he left the military, Arellano developed bipolar-type schizoaffective disorder with PTSD. Identifier. However, Arellano did not apply for VA disability benefits until June 3, 2011, nearly 30 years after leaving the military. Identifier. When he applied, the VA gave him a 100% disability rating. Identifier.

Veterans who apply for VA disability benefits within one year of discharge may receive benefits retroactive to their discharge date. 38 USC § 5110(b)(1). However, benefits for veterans who do not file a claim in that first year become effective the earliest the day the VA receives the claim. 38 USC § 5110(a)(1). In 2017, the VA found that Arellano was eligible for VA disability benefits, but denied him retroactive benefits because he had not applied within a year of his discharge. Arellano v. Wilkien° 18-3908, 2019 WL 3294899, at *1 (veterinary request of July 23, 2019), aff’d sub nom., Arellano vs. McDonough, 1 F.4th 1059 (Fed. Cir. 2021). The Veterans Appeal Board (the “Committee”) denied Arellano’s appeal regarding retroactive benefits. Identifier.

Arellano appealed the Board’s decision to the United States Court of Appeals for Veterans’ Claims (the “Court of Appeals”). Identifier. In his appeal, Arellano argued that the one-year deadline in Section 5110 should be subject to a “fair toll,” which would allow veterans who file after the deadline to receive retroactive benefits. they could demonstrate that an extraordinary circumstance had delayed their application. Arellano v. Wilkie2019 WL 3294899, at *1; Arellano1 F.4th at 1062. Arellano argues that — like many veterans with significant mental health issues — his schizoaffective disorder and PTSD kept him from applying for benefits for years after leaving the military. Arellano v. Wilkie2019 WL 3294899, at *2.

In 2019, the Court of Appeal upheld the Board’s decision denying Arellano’s retroactive benefits. Identifier. at 3. The court found that it was bound by an opinion of the Federal Circuit that “[p]fair toll principles. . . do not apply to the period referred to in § 5110(b)(1). » Identifier. to *2 (omitted from original) (quoting Andrews vs Principi351 F.3d 1134, 1137 (Fed. Cir. 2003)). Although the court found that, in the absence of precedent, Arellano’s arguments “were worth exploring[,]”he judged that”[a]s the law is today. . . item 5110 is not subject to fair toll. Identifier.

Arellano appealed that decision to the Federal Circuit, which in 2021 unanimously concluded that the fair toll of Section 5110 delay was not available in Arellano’s case. Arellano1 F.4e at 1060. However, the court was deeply divided “as to the reasons for its decision”. Identifier. In a concurring opinion written by Judge Chen, six judges concluded that fair toll of the type sought by Arellano applied only to statutes of limitations. Identifier. to 1065 (Chen, J., concordant). On the other hand, in a separate concurring opinion written by Judge Dyk, six other judges wrote that while a fair toll should be available to veterans under Section 5110, Arellano’s specific circumstances do not did not justify a fair toll for the delay in his case. Identifier. at 1086 (Dyk, J., concordant).

The Supreme Court will now consider whether the fair toll sought by Arellano is available. AARP and the AARP Foundation filed an amicus brief in support of Arellano, arguing that the fair toll should extend to veterans applying for disability benefits.

WHAT IS AT STAKE

In 2020, the VA received over a million disability benefit claims and spent approximately $88.5 billion to provide benefits to injured veterans. When soldiers agree to risk their lives to serve their country, they do so knowing that the federal government will support them if they suffer lasting injuries. The VA disability benefits program is a crucial lifeline for these veterans. However, some veterans with disabilities face a difficult situation: the very disabilities that qualify them for benefits also prevent them from realizing they are eligible for government assistance and successfully navigating the tedious application process. within one year for retroactive benefits. By ruling that a fair toll is available under Section 5110, the Supreme Court could ensure veterans have a fair chance to get the benefits they have earned.

Sebastien Monzon Rueda

SMonzonRueda@aarp.org

See the full overview of the Supreme Court

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The Queen’s funeral ends; Queen Elizabeth bid farewell; buried in Windsor; NSW, SA COVID mask rules relaxed; Joe Biden Says US Would Defend Taiwan From China; https://selagylaw.com/the-queens-funeral-ends-queen-elizabeth-bid-farewell-buried-in-windsor-nsw-sa-covid-mask-rules-relaxed-joe-biden-says-us-would-defend-taiwan-from-china/ Tue, 20 Sep 2022 08:03:51 +0000 https://selagylaw.com/the-queens-funeral-ends-queen-elizabeth-bid-farewell-buried-in-windsor-nsw-sa-covid-mask-rules-relaxed-joe-biden-says-us-would-defend-taiwan-from-china/ The Albanian government is urged to use its first address at the United Nations to provide funds to famine-stricken regions around the world. Foreign Minister Penny Wong is in New York for the 77th meeting of the United Nations General Assembly, where she will take part in 30 engagements throughout the week. Penny Wong will […]]]>

The Albanian government is urged to use its first address at the United Nations to provide funds to famine-stricken regions around the world.

Foreign Minister Penny Wong is in New York for the 77th meeting of the United Nations General Assembly, where she will take part in 30 engagements throughout the week.

Penny Wong will address the United Nations General Assembly. Credit:Alex Ellinghausen

Senator Wong is expected to deliver Australia’s address to the Assembly on Friday after meeting foreign ministers from the Quad countries, which include the United States, India and Japan.

The war in Ukraine should take center stage. Russia and Ukraine are major exporters of grain and fertilizers, which have been massively stripped due to the war.

Grain supply shortages coupled with the impacts of climate change, including severe droughts, have pushed countries like Somalia, Ethiopia, Kenya, South Sudan and Yemen into severe food shortages and on the brink of starvation.

A broad coalition of Australia’s leading aid and development organizations is calling on the government to announce a $150 million famine relief package.

Help Fight Famine spokesman Tim Costello said the package would show Australia would not abandon nations facing famine.

Help Fight Famine spokesman Tim Costello said the package would show Australia would not abandon nations facing famine.

Help Fight Famine spokesman Tim Costello said the package would show Australia would not abandon nations facing famine.

“With a relatively small investment, we can make a huge difference in saving lives and averting a humanitarian catastrophe unlike any the world has ever seen,” he said. “But a failure to act would mean there could be more deaths than from COVID. The time is almost up.

The United States will co-host a food and security summit with European and African countries on the sidelines of the UN.

US Ambassador to the UN Linda Thomas-Greenfield said that while Ukraine would feature prominently at the general assembly, it would not be the only topic discussed.

“Other countries have expressed concern that while we are focusing on Ukraine, we are not paying attention to what is happening in other crises around the world,” she said. . “This is not the case.”

AAP

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Missouri DSS settles with families over ‘private nursing’ https://selagylaw.com/missouri-dss-settles-with-families-over-private-nursing/ Sat, 17 Sep 2022 09:09:07 +0000 https://selagylaw.com/missouri-dss-settles-with-families-over-private-nursing/ The Missouri Department of Social Services and the families of seven children with complex medical conditions have settled a lawsuit against the agency alleging it failed to meet federal requirements for approved nursing home services. “Medically complex” describes the medical condition of a child who has a medical condition (or several conditions) that requires ongoing […]]]>

The Missouri Department of Social Services and the families of seven children with complex medical conditions have settled a lawsuit against the agency alleging it failed to meet federal requirements for approved nursing home services.

“Medically complex” describes the medical condition of a child who has a medical condition (or several conditions) that requires ongoing specialist care. The condition can range from rare diseases to premature birth and can involve some sort of physical trauma.

By entering into the settlement on August 31, social services disclaims any liability in connection with the plaintiffs’ claims. But social services agree to a number of stipulations.

“Among other things, the settlement agreement includes measures to improve the availability of home nursing and care coordination services for these children,” according to a press release from the Missouri Department of Social Services.

Staff from social services and MO HealthNet, the Missouri Medicaid program, were already trying to figure out how to provide nursing home services, a challenge facing states across the country, according to Todd Richardson, director of MO HealthNet. MO HealthNet is Missouri’s Medicaid system.

“MO HealthNet has been actively leading efforts to increase nursing services and options for children with medical complexity, and this settlement provides us with a unique opportunity to continue to engage with plaintiffs and their attorneys, as well as stakeholders. industry, to bring creative solutions to address nursing shortages and to support these children and families in the best way possible,” said Richardson.

The settlement helps the state avoid protracted litigation, while improving access to care and services, said Jane Perkins, legal director of the National Health Law Program, one of the organizations representing families.

“The stark reality is that there are Medicaid-enrolled children with complex medical needs in states across the country who are not getting the home nursing care they need,” she said in the release. social services press. “Life and death of these children is at stake, and the strain it places on families is enormous. We hope this regulation will be helpful to other states as they work to improve coverage. .”

Rules can be found at https://bit.ly/3xum10G.

“Plaintiffs’ complaint in this action included factual allegations supporting assertions that defendants violated federal laws prohibiting discrimination on the basis of disability (The Americans with Disabilities Act and … the Rehabilitation Act) and Medicaid Act, and sought declaratory and injunctive relief on these claims,” the settlement states.

The parties entered into the settlement to achieve four objectives:

• Implement changes to social services policies, procedures and practices that will provide faster relief to complainants who are not receiving the “private nursing” (PDN) services they were authorized to receive.

• Ensure that children authorized to receive IDP receive as many authorized services as possible.

• Ensure that applicants who do not receive all of the medically necessary services they need to remain safe in the most integrated setting appropriate to their needs receive the necessary services and crisis planning to mitigate the risk of unnecessary institutionalization they face.

• Avoid delays and expense and conserve judicial resources, as the parties recognize that this matter involved legal issues that may take a long time to be fully litigated and resolved and further recognize that pursuing litigation will be costly, time consuming and time-consuming.

Among other things, Social Services should explore the feasibility and adoption of a day medical care model and the expanded use of telemedicine for virtual care management. The department should explore health homes for medically fragile children and crisis support teams to meet the acute needs of children not receiving IDPs.

Social services are required to take all necessary steps to implement increased Medicaid reimbursement rates for IDP services and must issue a bulletin advising IDP agencies of their expectation that rate increases be passed directly to nurses who provide care.

Social Services Coordinators should keep up to date with discharge planning with children’s families and document children’s concerns, expected outcomes and priorities. Coordinators should work with hospitals to arrange in-home IDP services so that children who are medically stable can be transferred to community placements with necessary support services.

Coordinators should document efforts to connect home-based IDP and other support services, and identify any foreseeable barriers preventing children from receiving IDP. When a child is not receiving all authorized PDN hours (and faces imminent hospitalization), the coordinator should work with the family to implement a back-up plan (which should be reassessed quarterly to address crises current). If a child is eligible for additional services due to a change in their needs or because they are not receiving authorized IDP services, the coordinator will refer their family to other providers, the Department of Mental Health or other community resources.

The DSS must ensure that all children who receive services through Managed Care (a Medicaid health care delivery system in which Medicaid pays providers a fixed amount per month to provide health care to people with complex conditions) are assessed for all Medicaid reimbursable services for which they may be eligible, no less than twice a year. DSS shall issue a Provider Bulletin regarding its policy allowing a child to receive more than 16 hours of PDN services in unique circumstances.

The DSS must report to plaintiffs’ attorney quarterly, providing aggregate information broken down by county, recording the number of children authorized to receive IDPs, the amount of IDPs authorized, and the amount of IDPs delivered.

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The Retirement Commission will not reconsider Coderre’s retirement, despite his dismissal https://selagylaw.com/the-retirement-commission-will-not-reconsider-coderres-retirement-despite-his-dismissal/ Fri, 16 Sep 2022 09:03:41 +0000 https://selagylaw.com/the-retirement-commission-will-not-reconsider-coderres-retirement-despite-his-dismissal/ NEW BEDFORD — The Board of Pensions has denied a request by the city to reconsider former deputy fire chief Paul Coderre Jr. retirementeven if he was fired for allegedly moving a heavy smoker’s grill from the back of his truck while on accident leave. The board voted 3-2 last week not to reconsider the […]]]>
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Update on fatal I-66 crash in Fauquier County – Royal Examiner https://selagylaw.com/update-on-fatal-i-66-crash-in-fauquier-county-royal-examiner/ Sat, 10 Sep 2022 16:06:26 +0000 https://selagylaw.com/update-on-fatal-i-66-crash-in-fauquier-county-royal-examiner/ Warren County Public School Special Services (WCPS) Director Michael Hirsch (above) gives the Warren County School Board an update on ongoing suicide awareness and prevention efforts within of the WCPS. Ongoing efforts are underway at Warren County Public Schools (WCPS) to help raise awareness about suicide prevention. “Our school system is not immune to this […]]]>

Warren County Public School Special Services (WCPS) Director Michael Hirsch (above) gives the Warren County School Board an update on ongoing suicide awareness and prevention efforts within of the WCPS.

Ongoing efforts are underway at Warren County Public Schools (WCPS) to help raise awareness about suicide prevention.

“Our school system is not immune to this tragedy, and we have been emphasizing mental health,” WCPS Superintendent Christopher Ballenger told the Warren County School Board at its regular meeting. Wednesday, September 7.

School board president Kristen Pence, vice president Ralph Rinaldi and board member Andrea Lo were in attendance. School board members Antoinette Funk and Mélanie Salins were absent.

Front Royal Virginia

According to the National Alliance on Mental Illness (NAMI), September is Suicide Prevention Awareness Month – a time to raise awareness of what remains a stigmatized and often taboo subject.

“We use this month to change public perception, spread hope and share lifesaving information with those affected by suicide,” NAMI says. “Our goal is to ensure that individuals, friends and families have access to the resources they need to discuss suicide prevention and seek help.

According to the NAMI, suicidal thoughts, like mental health issues, can affect anyone, regardless of age, gender, or background, and should not be considered normal. Such thoughts are often the result of an untreated mental health issue and often indicate more serious issues, according to the organization.

Ballenger invited WCPS Director of Special Services Michael Hirsch to highlight for board members the ongoing suicide prevention awareness efforts and programs in the school division.

“Even though mental health organizations recognize September as Suicide Awareness Month, working together to build our collective understanding of suicide awareness in order to prevent it happens every day” in the school division, Hirsch said. “And we do it every day.”

For example, WCPS Special Services staff on Thursday, September 8 worked with Skyline High School staff to review warning signs, risk factors, protective factors, and various intervention strategies. against suicide applicable to school personnel, said Hirsch. the school board.

“Once we get feedback from Skyline High School staff…we’ll be rolling it out to all of our high school staff this month,” Hirsch said.

Additionally, WCPS and its Special Services Division work with the Warren County Community Health Coalition – also known as the Warren Coalition – a nonprofit agency established in 1994 to help fill gaps in health care and substance abuse awareness in the community.

The Warren Coalition began under the Warren Memorial Hospital as an outreach project, but has since grown and was incorporated in 2001. Currently located in the Warren County Community Center, the coalition says it s strives to make Warren County a safe, healthy, and medicated place. -free community through the many programs it offers.

Together, the coalition and WCPS offer “a whole range of resilience activities” throughout the year, Hirsch said. Most recently, they collaborated on Rock & Stroll, an event held in May at Warren County High School designed to encourage kids and tweens to make healthy choices and give them the reasons for those healthy choices. Hirsch said the event is now called Fun Fest, which will be held at “almost every school” in the division.

“The goal is to teach children resilience and prosocial coping skills, as well as to help them make good, healthy decisions,” Hirsch explained.


Hirsch (above on podium) also told school board members (from left to right on stage) Lo, Pence and Rinaldi that WCPS counselors and administrators have received “significant training” in awareness and suicide prevention at the end of the 2021-2022 school year from the Virginia Department of Behavioral Health and Developmental Services and Northwestern Community Services.

The Department of State administers Virginia’s public mental health, developmental disability, and addictions services system through 40 locally and regionally operated community service boards, which serve children and adults who have or are at risk of illness. mental, emotional, developmental or substance use disorders.

Northwestern Community Services is a behavioral health agency with administrative offices in Front Royal, Virginia. The agency offers a range of outpatient, case management, day support, residential and crisis programs designed to improve the quality of life for children and adults affected by emotional problems/behavioral disorders, illness mental illness, substance abuse, intellectual disabilities and developmental disabilities.

The training will be offered again soon to new school counselors and administrators, according to Hirsch.

“Our approach to suicide prevention is not limited to the month of September,” Hirsch said. “This subject is thought about every day.”

For more information, here is a list of some resources:

• Northwestern Community Services: Information, services and appointments can be made by calling the Warren County Clinic at 540-636-2931; the Winchester Area Clinic at 540-667-8888; the Shenandoah County Clinic at 540-459-5180; or the County Clinic Page at 540-743-4548.

• If you are experiencing a mental health emergency, call 540-635-4804 or 1-800-342-1462.

• The CONCERN hotline: 540-635-4357 (Warren County); 540-459-4742 (Shenandoah County); and 540-667-0145 (Frederick County, Winchester and Clarke County).

• Confidential Substance Use Helpline: 1-833-626-1490.

• North West Community Services Council Prevention Service: 540 459-5180, ext. 3046.

• Suicide Prevention Hotline: 1-800-784-2433.

• National Suicide Prevention Lifeline: 1-800-273-8255.

• NAMI Helpline: 1-800-950-6264.

Click here to watch the Warren County School Board meeting on September 7, 2022.


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Federal Circuit Defends Alice/Mayo Test – Patent https://selagylaw.com/federal-circuit-defends-alice-mayo-test-patent/ Thu, 08 Sep 2022 11:26:38 +0000 https://selagylaw.com/federal-circuit-defends-alice-mayo-test-patent/ September 08, 2022 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP To print this article, all you need to do is be registered or log in to Mondaq.com. In In re KillianNo. 2021-2113 (Fed. Cir. August 23, 2022)the Federal Circuit affirmed the PTAB’s rejection of the pending claims of U.S. Patent Application No. 14/450,042 […]]]>

To print this article, all you need to do is be registered or log in to Mondaq.com.

In In re KillianNo. 2021-2113 (Fed. Cir. August 23, 2022)the Federal Circuit affirmed the PTAB’s rejection of the pending claims of U.S. Patent Application No. 14/450,042 (“‘042 Application”) under 35 USC § 101.

The ‘042 application relates to a system and method for determining eligibility for Social Security disability benefits through a computer network. During the prosecution, the Examiner argued that all of the pending claims are directed to an abstract idea and lack any additional elements beyond the generic recitation of computer functionality. The Council confirmed.

The Federal Circuit confirmed. To Alice Stage 1, the Federal Circuit held that the claims were directed to an abstract idea of ​​collecting information from various sources and understanding the meaning of that information, which can be performed by a human. That these steps are performed on a generic computer did not save claims to Alice 2nd step.

The Federal Circuit rejected all of the Appellant’s arguments. First, there was no violation of the Administrative Procedure Act by an “arbitrary and capricious” law because the Council followed the binding precedent of the Supreme Court. Second, the Federal Circuit declined to provide a single definition of the abstract idea, noting that the case law provides sufficient guidance. Third, there was no violation of the patentee’s due process rights, since comparing the patentee’s case to prior Section 101 cases is “the classic common law methodology for creating the right”. Fourth, the search for “inventive concept” to
Alice step 2 is not improper because it never required the patentee to demonstrate a “degree of skill and ingenuity” beyond that of a person of ordinary skill in the domain. Fifth, the doctrine of “mental steps” has not been repudiated in modern patent law. Sixth, the Board’s conclusion that the claims referred to generic computer functions was supported by substantial evidence.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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Q: I’m in the process of rebranding my company and getting closer to a definitive company name with my team. Our first choice for a name seems to be available for registration…

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Lakeland vet fights VA to prove service despite gunshot wound, PTSD diagnosis and documents https://selagylaw.com/lakeland-vet-fights-va-to-prove-service-despite-gunshot-wound-ptsd-diagnosis-and-documents/ Mon, 05 Sep 2022 22:40:52 +0000 https://selagylaw.com/lakeland-vet-fights-va-to-prove-service-despite-gunshot-wound-ptsd-diagnosis-and-documents/ LAKELAND, Fla. (WFLA) Baldomero Vega recalls going to war in Korea a few months after turning 18 and being shot in the leg moments before falling backwards on his head. He said he was in a coma for about two months, but proving it to the US Department of Veterans Affairs (VA) takes a lifetime. […]]]>

LAKELAND, Fla. (WFLA) Baldomero Vega recalls going to war in Korea a few months after turning 18 and being shot in the leg moments before falling backwards on his head.

He said he was in a coma for about two months, but proving it to the US Department of Veterans Affairs (VA) takes a lifetime.

The Lakeland resident is nearly 90 and still battling the VA for help with post-traumatic stress disorder (PTSD), headaches and nightmares which he says have persisted since his release to the spring of 1955.

Even with the struggle, the 87-year-old said he would serve again if he could.

“I love my country,” Vega said. “And yes, I [would] fight for her. If I could go back, I certainly would.

His stepson Gregory Taylor helped him file and re-file paperwork to prove he qualifies for basic VA medical care and potentially disability benefits.

“He feels like he loves his country, but his country didn’t love him,” Taylor said. “We started this almost 10 years ago and [the VA] sometimes said they were going to speed things up, but that was years ago.

In a VA rating decision, the agency said the gunshot wound was “not service-connected.”

At other times, according to Taylor, Vega’s actual service has even been questioned despite a VA document that lists his Army service dates and honorable discharge.

“We got the dates from them and got them back and yet they question the dates,” Taylor said. “I mean we got it from them, so basically it seems like they’re questioning themselves.

The VA would not comment on details of the claims filed by Vega who has since submitted documents to allow the agency to discuss the matter with 8 on Your Side.

Vega also claims he dealt with racism during the war and now he suspects years of denial are tied to that same “injustice”.

“He believes it 100% because he said he endured it while he was there. Trying to defend the country and calling you every name you know you can think of,” Taylor said “He feels like that’s why they never helped him before and why they won’t help him now.”

Vega went to see a civilian psychiatrist who wrote in an assessment, “Mr. Vega’s PTSD was directly caused by his experiences while serving in the US military during the Korean War.

The doctor also said that Vega’s explanation and medical treatment history is consistent with a history of traumatic brain injury (TBI) “caused by his head being hit after being shot and falling during the fight.”

But it was still denied.

“It’s sad to say, but it’s like they’ve been waiting for him to die and it’s terrible,” Taylor said. “Because of his age and his serious health problems. He has cancer now and he is 87 years old. He has also had 23 operations.

When Vega was asked if he thought this was a case of “delay, deny until you die,” he nodded.

“I think so,” he said. “Yeah.”

“I don’t know if they don’t believe it or just turn a blind eye,” Taylor said. “He was slapped every time he tried to get help.”

Taylor said he suspected key documents needed to link Vega’s medical issues to his service were burned in a 1973 fire at the National Personnel Records Center in St. Louis.

The fire destroyed 80% of the files of army personnel discharged from November 1, 1912 to January 1, 1960, according to the American Archives website. The website indicates that 75% of Air Force personnel were discharged from September 25, 1947 to January 1, 1964, with names alphabetically after James E. Hubbard.

“No duplicate copies of these recordings have ever been retained, and no microfilm copies have been produced,” the website states.

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Camp Lejeune announcements are misleading, veterans warn | News, Sports, Jobs https://selagylaw.com/camp-lejeune-announcements-are-misleading-veterans-warn-news-sports-jobs/ Sun, 04 Sep 2022 04:33:50 +0000 https://selagylaw.com/camp-lejeune-announcements-are-misleading-veterans-warn-news-sports-jobs/ The executive directors of the Mahoning and Trumbull county Veterans Services Commissions say they have been inundated with phone inquiries since ads announcing lawsuits over tainted water at Camp Lejeune began running. Almost all callers are barred from suing the federal government for damages, but the phones keep ringing, they said. “Television ads […]]]>

The executive directors of the Mahoning and Trumbull county Veterans Services Commissions say they have been inundated with phone inquiries since ads announcing lawsuits over tainted water at Camp Lejeune began running.

Almost all callers are barred from suing the federal government for damages, but the phones keep ringing, they said.

“Television ads harm veterans and lead them down a path of misinformation,” said Herm Breuer, executive director of the Trumbull County Veterans Services Commission. “Some ads are misleading. We see a wide brush with people on TV. Lawyers can be predatory on TV. They said, ‘If you were at Camp Lejeune, you’re eligible and you can get money now.” We’ve had hundreds of calls since the ads started.

It’s not just television. Ads are being aired on radio, the Internet and through direct mail, with an oversell of what veterans may receive, Breuer said. The first links when searching online for “Camp Lejeune trial” are paid advertisements for law firms.

“With the ads, we are getting hundreds of calls from loved ones of those who were at Camp Lejeune asking if they are eligible to sue,” said Susan Krawchyk, executive director of the Mahoning County Veterans Service Commission. “I would hate to see someone go to a lawyer because they would lose money. If there is a valid claim, we can help them. But we receive a lot of invalid claims.

About 5% of calls received at the Mahoning commission office are legitimate complaints, she said.

Breuer warned that “veterans who sign a warrant can ask that attorney to hand over (the claim) to another law firm and the veterans could be in the hands of the first attorney and the other.”

Because of attorney fees, veterans could end up losing money, he said.

Breuer and Krawchyk said veterans should do research to find reputable attorneys.

“I see an ad and I say, ‘That’s not true,'” Breuer said. “Do your due diligence and don’t pick up the phone because you saw an ad on TV. A veteran should not sign a warrant with a lawyer unless he understands what he is signing.

A NEW ACT

On August 10, President Joe Biden signed Sgt. 1st Class Heath Robinson honoring our pledge to fight the PACT (Comprehensive Toxics) Act.

The law extends Department of Veterans Affairs health care and benefits to veterans exposed to burning fireplaces and other toxic substances. Burn pits have been used in Iraq and Afghanistan to dispose of chemicals, cans, tires, plastics, medical equipment and human waste. Prior to the signing of the law, approximately 70% of disability claims involving pit exposure were denied by the VA.

The law directs VA officials to assume that certain respiratory illnesses and cancers were linked to exposure to fireplaces and to help veterans obtain disability benefits without having to prove the illness was the result of their service.

Part of this bill adds hypertension to the list of ailments for Vietnam War veterans likely caused by exposure to Agent Orange as well as those who served in other countries during that war.

The bill also contains a provision allowing veterans – and their dependents – stationed at Camp Lejeune, a Marine base in Jacksonville, North Carolina, or Marine Corps Air Station New River between August 1, 1953 and on December 31, 1987, the rare ability to directly sue the federal government for civilian damage caused by contaminated water at the base. The water was contaminated with trichlorethylene (a degreaser), perchlorethylene (a dry-cleaning solvent) and benzene (used in the manufacture of many other chemicals).

More than a million people could be covered by the provision.

“We don’t get a lot of calls about burn pit victims,” ​​Krawchyk said. “It’s almost all about Camp Lejeune, and most aren’t valid claims. Just because you had a cousin there doesn’t mean you’re an eligible claimant.

CONDITIONS

In recent years, veterans and their family members who lived at Camp Lejeune were only permitted to receive financial assistance for health care for specific health conditions.

According to the AV, these conditions are adult leukemia, aplastic anemia and other myelodysplastic syndromes, bladder cancer, breast cancer, esophageal cancer, female infertility, fatty liver disease, kidney cancer, leukemia, liver cancer, lung cancer, miscarriages, multiple myeloma, neurobehavioral disorders. side effects, non-Hodgkin’s lymphoma, Parkinson’s disease, renal toxicity and scleroderma.

Because these veterans can now sue the federal government for medical conditions caused by contaminated water at Camp Lejeune under the PACT Act, we see many advertisements about potential lawsuits, Breuer said.

“Veterans can already get VA disability for conditions related to contaminated water,” he said. “It would allow those same veterans to get potential damages for those same conditions. They should seek help from someone knowledgeable in personal injury law and not necessarily from the one they saw in a TV commercial.

Krawchyk said, “The ads are a bit misleading. It’s a matter of verbiage – “you might be eligible”. People think they’re going to write me a check, and they don’t. The advertisements present it in a way that makes it look like it will be easy to get money.

Also, to prove your case, she said, people need evidence.

“A married couple there with a miscarriage would need a medical receipt,” Krawchyk said. “Who has this documentation from 50 years ago?”

dskolnick@vindy.com

dskolnick@tribtoday.com



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ASIC examines handling of life insurance claims https://selagylaw.com/asic-examines-handling-of-life-insurance-claims/ Fri, 02 Sep 2022 02:35:58 +0000 https://selagylaw.com/asic-examines-handling-of-life-insurance-claims/ ASIC’s review of nearly 4,800 Individual Disability Insurance (IDII) applications received between January 1 and June 30, 2021 revealed that insurers still need to work to ensure consumers are protected from unfair practices in non-disclosure investigations and physical surveillance. As a result of the ASIC review, some life insurers have made improvements to their practices. […]]]>

ASIC’s review of nearly 4,800 Individual Disability Insurance (IDII) applications received between January 1 and June 30, 2021 revealed that insurers still need to work to ensure consumers are protected from unfair practices in non-disclosure investigations and physical surveillance.

As a result of the ASIC review, some life insurers have made improvements to their practices. ASIC’s investigations are continuing with life insurers who had a higher proportion of potentially unwarranted investigations identified in the review.

ASIC has long been concerned about the potential harm to consumers from excessive use of intrusive complaints-handling practices such as non-disclosure investigations and physical surveillance. This review of IDII claims follows ASIC’s 2019 633 report Holes in the Safety Net: A Review of TPD Insurance Claims (REP 633) and follow-up 2021 Report 696 TPD insurance: Progress made but gaps remain (REP 696) which examined claims handling practices in the context of Total and Permanent Disability (TPD) insurance.

The Royal Commission on Financial Services reviewed several case studies of flagrant misconduct in which physical surveillance and non-disclosure investigations were misused. In response to one of the case studies, ASIC took action against TAL Life Limited (TAL). On March 9, 2021, the Federal Court found that TAL breached its duty of good faith in handling a claim (21-042MR).

ASIC Vice President Karen Chester said: “Our previous reviews and the Royal Commission have identified concerns about the misuse of investigative tools by insurers and the resulting harm to consumers. . Following the Royal Commission, we brought an action against TAL for breach of its duty of good faith in handling claims. Changes to the Corporations Act as of January 1, 2022 mean that insurers are now legally bound to act efficiently, honestly and fairly in handling claims.

“ASIC’s latest review aimed to test whether insurers are now entrenching good practice, particularly with insurers now subject to new claims handling obligations. We also sought to identify outliers and areas for improvement. As a result of the review, we remain concerned that some insurers still appear to be “fishing” for non-disclosures to avoid paying legitimate claims. We advise insurers that we will take action when we find harm to consumers due to poor claims handling practices,” Ms Chester added.

“We have also identified concerns about mental health claims and investigations. Non-disclosure investigations and physical surveillance are intrusive measures and insurers must ensure that they have reasonable grounds to undertake them. We expect physical surveillance to be used only as a last resort,” Ms Chester concluded.

ASIC has written to life insurers covered by the review outlining areas for improvement and communicating expectations regarding their use of investigative tools, including the requirement to handle claims efficiently, honestly and fairly. .

The following life insurers participated in the review:

  • AIA Australia Limited (AIAA), comprising AIAA and The Colonial Mutual Life Assurance Society Limited (CMLA);
  • TAL Life Limited (TAL), comprising TAL and Asteron Life & Superannuation Limited (Asteron);
  • Zurich Australia Limited (Zurich), comprising Zurich and OnePath Life Limited (OnePath);
  • MLC Limited;
  • Resolution Life Australasia Limited (formerly AMP Life Limited); and
  • Westpac Life Insurance Services Limited (Westpac) (now TAL Life Insurance Services Limited from 1 August 2022).

Review results

ASIC’s review of nearly 4,800 Individual Disability Insurance (IDII) claims found that:

  • non-disclosure investigations were conducted in approximately 5% of claims (252 claims) and physical monitoring was conducted in approximately 1% of claims (57 claims);
  • five insurers appeared to have initiated non-disclosure investigations only on the grounds that the claim was filed within three years of policy inception or renewal, increasing the risk of “fishing”;
  • 40% of non-disclosure investigations related to non-disclosure of mental health;
  • physical surveillance was used in 10 mental health claims and ASIC considers that surveillance may have been unwarranted in half of these cases; and
  • the use of monitoring may have been unwarranted in 17.5% of claims (10 out of 57) where monitoring was used, because the insurer had not demonstrated that other methods of investigation had been exhausted.

Background

Individual Disability Insurance (IDII) coverage is obtained through direct or advised channels where each insured is underwritten individually. IDII coverage provides income for a period of time if a person cannot work due to illness or injury.

Insurers use non-disclosure investigations to confirm that claimants provided the required information about their medical history when they purchased their policy. In limited circumstances, physical checks are used to check for potential inconsistencies in claim information.

Since March 2019, Article 13(2)(A) of the Insurance Contracts Act 1984 imposes a civil penalty on an insurer who does not act towards an insured with the utmost good faith. The penalty did not apply at the time of the conduct that was the subject of ASIC’s action in Federal Court against TAL (21-042MR). However, ASIC believes that the requested statements set an important legal precedent and will act as a deterrent against similar conduct.

As part of the legislative reforms following the recommendations of the Royal Commission, the existing disclosure obligation in sections 21A and 21B of the Insurance Contracts Act 1984 has been replaced by an obligation for the insured to take reasonable precautions not to make false declarations when purchasing insurance. The new law applies to retail contracts issued, renewed or amended on or after October 5, 2021.

On January 1, 2022, the processing and settlement of insurance claims became regulated as a financial service under the Companies Act 2001. This includes the obligation to deal with complaints efficiently, honestly and fairly. Insurers can fail to handle claims effectively, honestly and fairly if they lack a reasonable basis to test for non-disclosure or misrepresentation. Without a reasonable basis, the insurer can engage in “fishing” and default on its obligations.

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Seattle Local Business News and Data DJC.com – News https://selagylaw.com/seattle-local-business-news-and-data-djc-com-news/ Wed, 31 Aug 2022 07:02:58 +0000 https://selagylaw.com/seattle-local-business-news-and-data-djc-com-news/ August 31, 2022 Hoffman Claire Hoffman joined Parametrix as a Senior Scientist based in Seattle. She has over 20 years of experience as a biologist and environmental planner in Washington State. Hoffman comes to Parametrix from Environmental Science Associates where she worked as a project scientist. She was previously at Parametrix from 2008 to […]]]>

August 31, 2022

Hoffman


Claire Hoffman joined Parametrix as a Senior Scientist based in Seattle. She has over 20 years of experience as a biologist and environmental planner in Washington State. Hoffman comes to Parametrix from Environmental Science Associates where she worked as a project scientist. She was previously at Parametrix from 2008 to 2014. She specializes in conservation, wetland ecosystems and environmental planning. Hoffman is a professional wetland scientist and holds a master’s degree in environmental science with a major in ecology and evolution. His project experience includes work for Sound Transit, Washington State Department of Ecology, Washington State Department of Transportation, King County, Tulalip Tribes, and western cities. from Washington.

At Parametrix, she joins Seattle’s environmental planning and compliance team, supporting environmental compliance and permits for agencies in the Puget Sound area.

Arnzen

Ralph

Elcon Associates, Inc. promoted Dean Ralph director. Ralphs joined Elcon in 2001 and serves as project manager, senior electrical engineer and office manager in the company’s Tukwila office. He is a LEED Accredited Professional and is licensed in Washington, Oregon, and 10 other states as a Professional Electrical Engineer. He serves as the Electrical Project Manager for Elcon’s on-call contracts with Seattle Tacoma International Airport, King County, and more. Ralphs provides electrical and lighting design services for municipal and international airports, as well as transit, water/wastewater, university and marine facilities.

The company also promoted Travis Arnzen to the main. Arnzen is a project manager and senior electrical engineer at Elcon’s office in Beaverton, Oregon. He joined Elcon in 2010 and served as project manager for Elcon’s electrical engineering contracts with TriMet, Oregon Metro, City of Portland and Portland Port. As an electrical engineer, Arnzen provided the power distribution design for Sound Transit’s 4-mile twin-bore Northgate Link tunnel with two underground stations at University District and Roosevelt and an elevated station at Northgate. Travis is licensed in Oregon, Washington and three other states.

Johnson

jerauld

Herrera hosted the environmental planner, Katie Jerauld at his office in Seattle. Jerauld is a recent graduate of the University of Washington with a Bachelor of Arts in Environmental Studies and a minor in Environmental Science. His expertise is in solid waste management and policy analysis, having worked with several clients in Washington State. As part of Herrera’s sustainability team, she will participate in planning and engineering services for waste management that span the spectrum, from prevention to diversion and disposal, with the development solid waste plans and zero waste plans tailored to our customers’ unique infrastructure. and communities.

Herrera also hosted Rachel Johnson to the team as an engineer based in the company’s Seattle office. Johnson brings over 5 years of experience in environmental science, policy and engineering, in addition to expertise in project management, technical communication, planning and field data collection. She was most recently responsible for the resilience program at NOAA. Johnson holds two master’s degrees from the University of Wisconsin at Madison in biological systems engineering and water resources management. In her new role at Herrera, she will support green infrastructure and water quality initiatives in the Pacific Northwest.

Johnson

Arsenault

AlfaroZierten

Makers architecture and urban design recently hired three employees in its Seattle office. Paco AlfaroZierten joined Makers as an installation planner. He recently earned a bachelor’s degree in Urban and Regional Planning from Cal Poly San Luis Obispo and has been involved with several student planning and design organizations. At Makers, he supports the Federal Installations Planning team that provides services to clients of the Department of Defense and other Federal agencies.


Grace Arsenault is a planner on the facilities planning team. She holds a bachelor’s degree in community, environment, and planning from the University of Washington, with a focus on stormwater green infrastructure. Prior to Makers, she worked as an airport facilities planner on aerospace projects around the world.


Marcus Johnson joined Makers as an urban planner/designer and provides graphic and planning support to the urban design and community planning team. He holds a master’s degree in urban planning from the University of Washington and in environmental science and policy from the University of South Florida. His academic background includes studio work with the City of Seattle on its Comprehensive Plan and work with the Nehemiah Initiative to develop housing projects for black churches in Seattle.

Burnishing

Osborn Consulting Inc. announced the promotion of Liz Brownin, PLA, ASLA, will lead his landscape architecture and urban design practice. Browning brings extensive experience in managing and designing projects in the public realm, from parks and educational campuses to streetscapes and pedestrian facilities. She has served as a lecturer and studio instructor for the University of Washington’s Department of Landscape Architecture and has completed numerous award-winning projects throughout the Puget Sound region. Browning stepped into the practice leadership role previously held by Kas Kinkead, PLA, FASLA, who is now Director Emeritus of Landscape Architecture and Urban Design at OCI. Kinkead will serve as a mentor and provide high-level design guidance to the team in their new role. It has served the greater community of cities, counties, tribes, and school districts of Puget Sound for more than 30 years, leaving a lasting impact on our public schools, pedestrian spaces, playgrounds, athletic fields, etc

Brian Thomashead of Summit Bank’s commercial banking team, announced that Jackie Costello was hired as Vice President, Commercial Client Advisor for Summit Bank’s Portland/Southwest Washington market. Costello comes to Summit with more than 30 years of banking experience serving commercial and private clients in the Portland and Washington area, most recently as a lender for another community bank. She was also a team leader for a regional fiduciary bank. Costello serves on the board of Candlelighters for Children with Cancer. Costello will help manage Summit Bank’s customer portfolio and help grow Summit’s loan and deposit portfolio. Summit Bank has offices in Eugene, central Oregon and downtown Portland. In 2021, the bank was named a Top Small Business Administration Community Bank Lender in the State of Oregon and in 2022, was named one of Oregon Business magazine’s 100 Best Places to Work.

The Masonry Institute of Washington is accepting nominations for the 2023 Masonry Design Excellence Awards, celebrating the best masonry designs in Washington State. Masonry materials include: brick, CMU, stone, tile, marble and terrazzo. These projects represent the highest standards in masonry design, innovation, structural performance, and overall masonry integration with the client and surrounding community. In keeping with tradition and celebrating over 40 years of Northwest Masonry projects, the 2023 projects will be judged by out-of-state A/E/C industry members and the banquet will include a presentation and ceremony . The MIW Excellence Awards in Masonry will have an awards banquet on February 23, 2023. Architects, contractors and building owners are encouraged to submit their projects for the competition. Submission guidelines are available at masonryinstitute.com/wp-content/uploads/2023-Awards-Entry-Guide.pdf. For more information, contact bdodge@masonryinstitute.com.

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