McWhirter, Bellinger & Associates, P.A. Blog

Establishing a standard of care for a specific facility is challenging. While nursing homes must abide by a strict set of regulations, assisted living facilities are not federally regulated. Additionally, state regulations for assisted living centers are rarely enforced. Because these facilities have less government regulation than nursing homes, it is essential that you be an advocate for your loved one. Don’t be afraid to continue asking questions until you get satisfactory answers so you can prevent the nursing home abuse of your family member.

In general, nursing home residents have more advanced health conditions, such as Alzheimer’s and dementia, while those in assisted living facilities enjoy a more independent lifestyle. The chronic conditions from which many nursing home residents suffer often lead to falls that cause injuries and, consequently, deteriorating health. It is important to research how each facility works to prevent these dangerous falls before placing your loved one in either a nursing home or assisted living center.

For either of these two facilities, it is important that you know what to do when you suspect nursing home abuse. The qualified nursing home abuse and neglect lawyers at McWhirter, Bellinger & Associates, P.A. in South Carolina can meet with you to discuss your concerns about elderly treatment at each facility and provide guidance if you decide to take legal action.

Admittance Restrictions in Assisted Living Centers

One of the biggest differences between nursing homes and assisted living centers is assisted living centers are not required to employ registered nurses and directly provide health services. Thus, the facilities must screen potential residents to determine which patients exceed the capacity of the facility. Some state regulations restrict patients from becoming a resident of assisted living facilities if they have the following conditions:

• Nasogastric tubes
• Dermal ulcers stages III and IV
• Ventilator dependency
• Intravenous therapy or vein injection dependency
• Physical disability that causes difficulty performing daily tasks

If you live in the state of South Carolina and would like to learn more about the differences in regulation between nursing homes and assisted living centers, please contact the experienced nursing home abuse and neglect lawyers at McWhirter, Bellinger & Associates, P.A. to schedule an appointment today.

Qualifying for Social Security disability (SSDI) benefits is not as straightforward as it might seem. In order to receive benefits, you first must meet the Social Security Administration’s definition of “disability.”

If you have a severe condition that is totally disabling, preventing you from doing any work, you should qualify for Social Security disability benefits. Additionally, if your disability has already lasted or is expected to last for at least a year, you qualify as disabled. The SSA will not pay for partial or short-term disabilities, only for total disabilities.

Besides meeting Social Security’s strict standards for disabilities, you need to have worked long enough within a certain period of time to qualify for benefits. Social Security “work credits” are based on your total annual income, and you can earn up to four of them each year. The number of work credits that are needed to qualify for SSA disability benefits will depend on your age when you first became disabled. In most cases, you need around 40 credits, 20 of which were earned in the last decade. However, some younger workers can qualify with fewer credits.

If you do not have enough work credits, but you are still totally disabled according to the SSA’s definition, you may qualify for Supplemental Security Income (SSI) disability payments. The SSI is a needs-based program, meaning you will need to meet specific household income and asset restrictions before receiving approval for SSI payments.

For more information about qualifying for SSDI or SSI benefits, please contact our experienced South Carolina Social Security disability attorneys at McWhirter, Bellinger & Associates, P.A. today for a free initial consultation. It doesn’t cost you anything to see if we can help.

In order to collect Social Security disability (SSDI) benefits, you must meet the Social Security Administration’s definition of “disabled.” The SSA uses a five-step process to determine whether or not you are disabled and eligible for benefits; this evaluation process is based around your inability to work.

The five questions the SSA uses to evaluate your disability are:

1. Are you working? – If you are working in the current year and your earnings have averaged over $1,000 a month, you cannot generally be considered disabled. If you are not working, you can move on to question #2.
2. Is your condition “severe”? – In order for your disability claim to be considered, your condition must be severe enough that it interferes with basic work-related activities. If you meet this qualification, you can move on to question #3.
3. Is your condition found on the SSA’s list of disabling conditions? – The SSA maintains a list of major medical conditions that are so severe that they automatically qualify you as disabled. If your condition is not already on this list, the SSA will have to decide whether or not it is equally severe to a condition that is present on the list. If they decide it is not, you must move on to question #4.
4. Can you perform the work duties you did previously? – If your condition is severe, but the SSA determines it is not as severe as a medical condition on the list, then the SSA needs to determine whether or not it interferes with your ability to perform the job duties you performed previously. If your disability does not interfere with your work, the SSA will deny your claim. If it does, you can proceed to question #5.
5. Can you perform any other type of work? – If you cannot perform the work you did in the past, the SSA will try to determine if you are capable of adjusting to another type of work. They will consider your age, your medical condition, your education, and your past work experience, judging any transferable skills you might have. If they determine you cannot reasonably adjust to another type of work, your disability claim will be approved. If you can adjust, your claim will be denied.

If you have further questions about Social Security disability, please contact our experienced South Carolina social security attorneys today for a free initial consultation. McWhirter, Bellinger & Associates, P.A. has offices in Camden, Sumter, Lexington, Newberry, Orangeburg, Columbia, and Aiken, South Carolina.

 

The government has established the National Vaccine Injury Compensation Program (VCIP) in order to provide vaccine injury victims with a no-fault system for resolving their claims. The program acts as an alternative to a traditional personal injury lawsuit.

Under the VCIP, you may be eligible to file a vaccine injury claim on behalf of your child if:

• You are the parent or legal guardian of a child who suffered an injury from taking a vaccine covered by the VCIP
• The vaccine injury lasted more than six months
• The vaccine injury resulted in a hospital stay and surgery or
• The vaccine injury resulted in wrongful death

There are also several important filing deadlines which must be met to maintain your vaccine injury claim eligibility. Your claim must be filed within three years of developing the first vaccine injury symptoms. In the event of wrongful death, you must file within two years of the time of death and up to four years after the first symptoms appeared.

The South Carolina vaccine injury attorneys at McWhirter, Bellinger & Associates have helped many vaccine injury victims receive the compensation they deserve under the VCIP. We have a thorough understanding of the laws governing these sophisticated claims, and we will work tirelessly to protect your rights.

Please contact our South Carolina vaccine injury lawyers today to schedule your free initial consultation. McWhirter, Bellinger & Associates serves clients in Aiken, Columbia, Sumter, Camden, Newberry, Orangeburg, and Lexington, South Carolina.