The Treating Doctor Rule in Social Security Disability cases

 Up until 2017, Social Security followed the “treating physician rule” when evaluating disability claims. This meant if the claimant’s doctor said the claimant was disabled and said how restricted the claimant was then that opinion was entitled to “great weight” by the Social Security Administration. But after 2017, there was a change. Now the treating doctor’s opinion is treated just like other medical records, Thus, it is now more difficult to secure Social Security Disability.

Social Security Disability and Virginia Workers’ Compensation

 If you are disabled by a work injury, you can collect workers’ compensation and possibly also Social Security Disability. However, if the combination of the two benefits exceed 80% of your pre-injury wages the Social Security benefits can be reduced. So, in some circumstances, the worker (if old enough) can take Social Security Retirement instead which is not reduced by the receipt of workers’ compensation benefits.

Rectal Cancer Victory

 We won Social Security Disability for a rectal cancer survivor. We won benefits back to 2021. It did take two hearings. The first time the judge refused to accept the opinions of the claimant’s doctors. The judge even ignored the opinion of the reviewing Social Security doctor at Reconsideration. At the time of the second hearing, the judge agreed to send her case to be reviewed by an independent cancer doctor. This will result in $60,000.00 in back benefits. The independent cancer doctor agreed the claimant could not function in “any” type of work.

Social Security Disability Telephone Hearings in Virginia

 

In our office we have now done 10 telephone hearings before Social Security Disability Judges. Even though it was done by telephone and the Judges cannot see our clients we think we did get a fair hearing. Due to Covid 19 Judges in Virginia are almost doing exclusively telephone hearings. My big concern was the judges could not see the claimants. 

We are happy to report we were able to win all 10 cases for a 100% success rate. 

Jerry Lutkenhaus has been a practitioner of Virginia Workers Compensation law in the Richmond, VA for over 35 years. He was given an "AV" rating by Martindale-Hubbell in 2003. Richmond Magazine has listed Mr. Lutkenhaus as one of the best lawyers in central Virginia. In 2010 he was given AVVO's highest rating of "superb" in their system. http://www.avvo.com/att orneys/23230-va-gerald-lutkenhaus-1814627.html

One can always call 804-314-9548 for an opinion about your disability case. 

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Top Ten Reasons Your Virginia Workers Compensation Claim Was Denied

1. You did not report the injury the day it happened.

2. You did not go to a doctor thinking it was trivial. 

3. When you went to the doctor, you failed to provide an accurate history of your accident. 

4. You did not describe a specific incident. 

5. You reported it to your supervisor but he failed to document it. 

6. Your incident was due to repetitive activity. 

7. You injured yourself at work by violating a safety rule. 

8. You were under the influence of an illegal drug or alcohol at the time of the accident. 

9. Your injury was due to a fight at work. 

10. You don't know why it was denied. 

If your claim is denied, then contact my office as soon as possible. 

Jerry Lutkenhaus has been a practitioner of Virginia Workers Compensation law in the Richmond, VA for over 35 years. He was given an "AV" rating by Martindale-Hubbell in 2003. Richmond Magazine has listed Mr. Lutkenhaus as one of the best lawyers in central Virginia. There is more information at www.geraldlutkenhaus.com. In 2010 he was given AVVO's highest rating of "superb" in their system. http://www.avvo.com/att orneys/23230-va-gerald-lutkenhaus-1814627.html

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

In Virginia you do need to cooperate with vocational job placement when you have an injury on the job

 Richard Roe and Job Placement

Richard Roe suffered a right knee injury. He was no longer able to work as an auto mechanic. However, the doctor said Richard could work a light duty job. 

The Virginia insurance company hired a vocational counselor. Even though we are living in Covid 19 times he was able to get Richard an interview with a security company for an unarmed security guard job. Richard did not want to do this job or work weekends. He told this to the vocational counselor. 

The vocational counselor told this to the insurance claims adjuster in her report. I was afraid Richard's check would be canceled due to his refusal to go to the unarmed security guard interview. When I read the report, I quickly called Richard and had him make up the interview. 

Richard's check was saved and we were able to negotiate a $175,000.00 settlement of his case. Richard was also free to get a job on his own. 

Jerry Lutkenhaus has been a practitioner of Virginia Workers Compensation law in the Richmond, VA for over 35 years. He was given an "AV" rating by Martindale-Hubbell in 2003. Richmond Magazine has listed Mr. Lutkenhaus as one of the best lawyers in central Virginia. There is more information at www.geraldlutkenhaus.com. In 2010 he was given AVVO's highest rating of "superb" in their system. http://www.avvo.com/att orneys/23230-va-gerald-lutkenhaus-1814627.html

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

How an injured Virginia Worker received lifetime workers' compensation benefits!

LIFETIME MEDICAL BENEFITS IN A VIRGINIA WORKERS COMPENSATION CASE

I will call him John Doe. He suffered his original injury in 2009. At his shop, he slipped on ice suffering neck and back injuries. He subsequently had three operations on his back and one on his neck. As a result he had permanent injuries. He used a wheelchair to get around and he was unable to work. 

In Virginia for a work injury you get about 10 years of benefits. In some rare cases, you can get lifetime benefits. This requires proof you had lost two extremities or the loss of use of two extremities to the extent you cannot use those extremities in employment. 

John Doe's doctor said he had lost 17% of his left leg and 12% of each arm due to back and neck injuries. This did not seem to be enough to prove 100% disability. 

However, a vocational expert evaluated John Doe and said he could not work in "any" capacity. This was mainly because he was confined to a wheelchair due to back and leg pain. Thus, the insurance company was willing to give John Doe a lump sum of $300,000.00 and lifetime medical benefits for his neck and back injuries. 

John Doe was very fortunate. With his lump sum, he was going to buy a handicapped van. We also won Social Security Disability for John. 

Jerry Lutkenhaus has been a practitioner of Virginia Workers Compensation law in the Richmond, VA for over 35 years. He was given an "AV" rating by Martindale-Hubbell in 2003. Richmond Magazine has listed Mr. Lutkenhaus as one of the best lawyers in central Virginia. There is more information at  www.geraldlutkenhaus.com. In 2010 he was given AVVO's highest rating of "superb" in their system. http://www.avvo.com/attorneys/23230-va-gerald-lutkenhaus-1814627.html

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.