APA Briefly: Evaluating eligibility for disability benefits

1990 ◽  
Author(s):  
Keyword(s):  
Disability Benefits

The AMA Guides in Pennsylvania “Post-Protz”: Act 111 and Case Law Update

2020 ◽  
Vol 25 (3) ◽  
pp. 12-19
Author(s):  
Justin D. Beck ◽  
Judge David B. Torrey
Keyword(s):  
Case Law ◽  
General Assembly ◽  
Disability Benefits ◽  
Permanent Disability ◽  
Sixth Edition ◽  
Legal Questions ◽  
The Supreme Court ◽  
Recent Edition ◽  
Impairment Ratings

Abstract Medical evaluators must understand the context for the impairment assessments they perform. This article exemplifies issues that arise based on the role of impairment ratings and what edition of the AMA Guides to the Impairment of Permanent Impairment (AMA Guides) is used. This discussion also raises interesting legal questions related to retroactivity, applicability of prior precedent, and delegation. On June 20, 2017, the Supreme Court of Pennsylvania handed down its decision, Protz v. WCAB (Derry Area Sch. Dist.), which disallows use of the “most recent edition” of the AMA Guides when determining partial disability entitlement under the Pennsylvania Workers’ Compensation Act. An attempted solution was passed by the Pennsylvania General Assembly and was signed into law Act 111 on October 24, 2018. Although it affirms that the AMA Guides, Sixth Edition, must be used for impairment ratings, the law reduces the threshold for total disability benefits from 50% to 35% impairment. This legislative adjustment benefited injured workers but sparked additional litigation about whether, when, and how the adjustment should be applied (excerpts from the laws and decisions discussed by the authors are included at the end of the article). In using impairment as a threshold for permanent disability benefits, evaluators must distinguish between impairment and disability and determine an appropriate threshold; they also must be aware of the compensation and adjudication process and of the jurisdictions in which they practice.

Impairment Questions and Answers

1997 ◽  
Vol 2 (2) ◽  
pp. 4-5
Keyword(s):  
Insurance Industry ◽  
Organized Labor ◽  
Injured Workers ◽  
Disability Benefits ◽  
Uniform System ◽  
Questions And Answers

Abstract Controversy attends use of the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) in defining injured workers’ permanent partial disability benefits: States desire an efficient, nonsubjective way to determine benefits for nonscheduled injuries and are using the AMA Guides to define the extent of disability. Organized labor is concerned that use of the AMA Guides, particularly with modifications, does not yield a fair analysis of an injured worker's disability. From its first issue, The Guides Newsletter emphatically emphasized and clearly stated that impairment percentages derived according to AMA Guides criteria should not be used to make direct financial awards or direct estimates of disability. The insurance industry and organized labor differ about the use of the AMA Guides in defining permanent partial disability (PPD). Insurers support use of the AMA Guides because they seek a uniform system that minimizes subjectivity in determining benefits. Organized labor is particularly concerned about the lack of fairness of directly equating impairment and disability, and if the rating plays a role in defining disability, additional issues also must be considered. More states are likely to use the AMA Guides with incorporation of additional features such as an index to PPD.

Economic Theories of Disability Benefits

2009 ◽  
Vol 19 (1) ◽  
pp. 70-84 ◽  
Author(s):  
Sara E. Kimberlin ◽  
Mary Ager
Keyword(s):  
Disability Benefits ◽  
Economic Theories

“Why can’t I Have the Office Jobs?”: Immigrant Latinx Transgender Peoples’ Experiences with Seeking Employment

2021 ◽  
pp. 089484532110629
Author(s):  
Roberto L. Abreu ◽  
Kirsten A. Gonzalez ◽  
Louis Lindley ◽  
Cristalís Capielo Rosario ◽  
Gabriel M. Lockett ◽  
...  
Keyword(s):  
United States ◽  
Thematic Analysis ◽  
Community Sample ◽  
The United States ◽  
Disability Benefits ◽  
Structured Interviews ◽  
Future Directions ◽  
Transgender People ◽  
Job Opportunities ◽  
Positive Experiences

Research has documented the experiences of transgender people in seeking employment. To date, no scholarship has explored the experiences of immigrant Latinx transgender people seeking employment in the United States. Using an intersectionality framework, the present study aimed to uncover the experiences of immigrant Latinx transgender people as they sought employment in the United States. A community sample of 18 immigrant Latinx transgender people from a large metropolitan city in Florida engaged in semi-structured interviews. Thematic analysis revealed five themes related to participants’ experiences seeking employment, including: (1) discrimination, (2) limited options, (3) positive experiences, (4) momentary de-transition, and (5) disability benefits as financial relief. Future directions such as exploring ways in which immigrant Latinx transgender people resist discrimination while seeking job opportunities are discussed. Implications for practice and advocacy such as advocating for equitable employment policies that acknowledge the intersectional experiences of this community are presented.

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