“Our backlog reduction plan is working, and progress is accelerating,” Commissioner Astrue said. “Even in the face of a significant increase in our workloads as a result of the worst recession since the Great Depression, we have reduced the hearings backlog for nine consecutive months. Thanks to the efforts of thousands of hardworking Social Security employees and the additional funding we received from President Obama and the Congress, we have exceeded our backlog reduction goal for this year.”

In addition to reducing the number of cases awaiting a hearing decision, the agency again targeted the oldest and most difficult cases for processing. Beginning in FY 2007 with 65,000 cases that were 1,000 days old or older, the agency has continually attacked its “aged” cases. This year, the agency targeted 166,838 cases that were 850 days or older and virtually eliminated this entire universe of cases. The goal in FY 2010 has been reset again to eliminate cases over 825 days old.

For more information about Social Security’s hearings process and backlog reduction initiatives, go to www.socialsecurity.gov/appeals.

Since the Cost-of-Living Adjustment (COLA) went into effect in 1975, this will be the first year that there is no automatic adjustment. Social Security and Supplemental Security Income benefits for more than 57 million Americans will not automatically increase in 2010.

Some other changes that would normally take effect in January 2010 based on the increase in average wages also will not take effect, even though average wages did increase. Since there is no COLA, the statute prohibits an increase in the maximum amount of earnings subject to the Social Security tax as well as the retirement earnings test exempt amounts. These amounts will remain unchanged in 2010. A fact sheet with more information on 2010 Social Security changes can be found on the Social Security Administrations web site.

According to Michael J. Astrue, Commissioner of Social Security said " This year, in light of the human need, we need to support President Obama's call for us to make another $250 recovery payment for 57 million Americans." The president is calling on the Senate to enact this legislation before it becomes too late for Social Security Administration to update its computer systems to implement this needed change. For a full update from the Social Security Administration go to www.socialsecurity.gov/cola.

In determining whether a claimant is entitled to include wages earned with a concurrent employer in an average weekly wage the following factors should be examined: the period of employment preceding the work injury, whether periods of layoff were frequent, whether a concurrent employer terminated an employee during a layoff and whether a laid-off employee returned to work following such a period. Moreover, the Court explained that the presence of these factors can sufficiently demonstrate a pre-injury ability to earn wages for the alleged concurrent employment.

In Equitable Resources v. WCAB (Thomas), the employer was required to make modifications to claimant's bathroom due to claimant's paraplegia caused by his work injury. After that construction was completed, claimant began to experience water leakage in the bathroom and mold began to form in the walls and under the floors. The Court held that the employer is also responsible for paying for the repairs necessary to rectify the poor construction.

Partner David F. Stern and associates Francis Ciprero, Thomas Giordano, Jr., Jody Joy, and Amit Shah were selected by their peers statewide and represent the top 2.5 percent of up-and-coming attorneys in Pennsylvania.

The list of Pennsylvania Rising Stars, representing more than 60 practice areas, is published annually in the December issues of Pennsylvania Super Lawyers – Rising Stars Edition, and Philadelphia Magazine.

If you were injured in 2009 and your average weekly wage is $1,254 or greater, you will collect $836.00 per week in total disability benefits. If your average weekly wage falls between $627.01 and $1,253.49, you will collect 66 2/3% of your average weekly wage on a weekly basis.

If you were injured in 2009 and your average weekly wage is between $464.44 and $627.00, you will collect $418.00 in weekly total disability benefits.

If you were injured in 2009 and your average weekly wage is $464.43 or less, you will collect 90% of your average weekly wage on a weekly basis.

Mr. Banks is a partner in the firm and limits his practice to representing claimants in Pennsylvania workers' compensation cases. He has served as Chair of the Workers' Compensation Section of the Pennsylvania Bar Association. He is an active participant in various seminars for the Pennsylvania Bar Institute, serving as a Course Planner and speaker. He lectures in the area of workers' compensation and has authored numerous articles on the topic.