SSDI

Where does the law stand in terms of disability benefits for taxi cab drivers? 

In New York, a special short-term disability statute allows for workers across a wide variety of industries to enjoy some semblance of financial security when facing a short-term illness or injury. Unlike other states, many employers are legally required to offer short-term disability policies to their workers, provided those workers meet certain criteria.

One such criteria – which has proven problematic for the thousands of cab drivers in New York City – is reaching a status of “employee,” as opposed to independent contractor. The former status allows for a greater number of protections – including access to disability benefits – while the latter offers virtually no financial protection or security. 

The current laws surrounding employment and disability status for taxi cab drivers are somewhat controversial. A recent change to the laws as relating the similarly-situated car wash industry, however, has offered taxi cab drivers (and their advocates) a renewed hope that the laws will soon turn in their favor, resulting in employment and benefits equality. 

Recognizing the limitations imposed by the independent contractor status, the Taxi Workers Alliance began imposing a $0.06 fee on all fare payments tendered by credit card. Over time, this amounted to a sizable $1.4 million savings account reserved for those drivers who needed financial assistance during a time of short-term disability. However, in April 2014, a Manhattan trial court judge struck down the fund, holding that the TWA did not have the authority to impose the fee. 

As the issue lingers on, taxi workers and advocates are hopeful that the recent classification of car wash workers as employees rather than independent contractors will help these hardworking employees obtain the disability and employment benefits they deserve. As a result of the recent ruling by the New York City Council, car washes are now subject to labor compliance oversight, random inspections, and severe penalties for failure to follow labor regulations. 

If you are concerned about your short-term disability benefits, or would like to speak to a reputable attorney about the matter, please contact the New York City lawyers at the Seelig Law Offices today by calling (212) 766-0600. 

If I am denied Social Security Disability benefits, can I appeal?

Social Security disability benefits are often denied wrongfully, or due to an incomplete application and medical record. Oftentimes, an applicant who receives a Notice of Denial is able to successfully reapply and receive much-needed financial assistance. However, denials may also occur as a result of a glitch or issue in the Social Security Administration’s system – as was the case for hundreds of Kentucky residents who have happily had their wrongfully-denied benefits restored.

Eligibility Review Issues Spark Unprecedented Suspension for Disabled Beneficiaries 

Across several counties in West Virginia and Kentucky, as many as 1,000 disability beneficiaries received an unexpected and life-shattering notice from the SSA that their benefits were being suspended pending an ‘eligibility review.’ For most of these individuals, loss of their benefits would mean virtually no income for an indefinite period of time – leaving many to wonder how they would pay for food, shelter, and medicine.

In an immediate move by representatives from the area, residents’ voices were heard and benefits were immediately restored pending the outcome of the reviews, which were calculated by the SSA to determine if residents were still eligible to be receiving disability benefits under current guidelines.

Classifying the matter as ‘life or death,’ U.S. Representative Hal Rogers urged the SSA to restore funding to these residents until the review process concluded – as opposed to making them wait for payments while agents processed each file. According to local reports, as many as three residents from the area are believed to have ended their own lives over the thought of complete destitution – a fact with which local residents and lawmakers cannot live.

The eligibility reviews were prompted by an investigation into a Kentucky-area lawyer believed to be falsifying medical records in order to win approvals for his clients. Nonetheless, representatives for the beneficiaries reiterated the injustice of suspending benefits without giving them an opportunity to prove eligibility

As experienced and knowledgeable NYC disability attorneys, we are well-versed in the eligibility criteria required by the SSA, and can help you prepare and defend your application for benefits. To get started, contact Seelig Law Offices by dialing (212)766-0600.