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. 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.

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.

PTSD and Social Security Disability

SOCIAL SECURITY DISABILITY, A VETERAN AND PTSD

Often a vet will have a traumatic experience while in service to the USA. If this is chronic, it can result in a finding of post traumatic stress syndrome (PTSD). In the old days this was called battle fatigue or shell shock. If there is a finding by the Veterans Administration (VA) that a vet has PTSD and that the diagnosis makes the vet unemployable, the vet can use this finding of unemployability by the VA in applying for Social Security Disability.

The VA PTSD finding by the VA is not binding on the Social Security Administration. However, the VA PTSD finding will be considered in a Social Security Hearing. 

What if your Virginia Social Security Disability is cut off?

DISASTER: YOUR VIRGINIA SOCIAL SECURITY HAS BEEN CUT OFF!

 Bad news! You fought long and hard to win your disability but now the government says you have "improved" and you are no longer disabled. What can you do?

1.  You need to file for a Reconsideration. This will challenge the decision that you are no longer disabled.

2.  You must file for the Reconsideration within ten (10) days of the date of the cutoff notice. This will ensure your benefits will continue until the next decision. You have 60 days to file for the Reconsideration but unless you appeal within the ten (10) days your benefits will not continue.

3. The government "must" show there has been "medical improvement" in the condition that led to you being declared "disabled" in the first place. The crucial date is the date of your prior favorable decision. The government must show there has been sufficient improvement in your condition on that date and now to allow you to work.

4. There are exceptions. Even if there has been no improvement but you are "working" and you have exhausted your trial work period, then this work can cost you your disability benefits. 

5.  Another exception is if you were scheduled for a consultative examination (CE) by a doctor and you failed to attend, this can cause a cutoff of your benefits despite the fact the government has not shown any "medical improvement" in your disability.

6.  One quick way to defeat the Cutoff is if you are enrolled in a state rehabilitation program. In Virginia this would be DARS.

7.  Contact a Virginia Social Security Disability lawyer right away.

In summary, if your disability check has been cut off, you must act quickly. For more information check this websiteVirginia Disability Lawyer or call Jerry Lutkenhaus at 804-358-4766 or 1(800) 256-8862.

Why a Repeitive Injury at Work is not compensable as a Workers' Compensation Claim in Virginia

BEWARE OF THE REPETITIVE INJURY DEFENSE IN YOUR VIRGINIA WORKERS COMPENSATION CASE

You are injured at work so you would naturally expect to receive compensation under the workers' compensation laws. In Virginia, if is a repetitive trauma injury, you will not be successful.

In Virginia you can be compensated for an injury at work or for an occupational disease. Unfortunately, the Virginia Supreme Court in a series of decisions in 1996 decided an injury resulting from repetitive trauma was "not compensable" as either an accident or as a disease. Thus, injuries such as tendonitis, back injuries, knee injuries, neck injuries, and knee injuries that occurred over a period of time (even though occurring at work) were not compensable.

In a reaction to the Virginia Supreme Court decisions, the Virginia legislature met in 1997 to decide whether any repetitive injuries should be compensated under Virginia's workers' compensation laws. The legislature decided to amend Virginia Code Section 65.2-401 to provide limited coverage for two types of repetitive trauma problems: hearing loss and carpal tunnel syndrome caused by work. However, the General Assembly said these problems could be compensated under the Workers' Compensation Act but only if the conditions were proven by "clear and convincing evidence"  as having developed from the work place environment. In other workers' compensation cases in Virginia  claimants only need to prove their cases by a mere "preponderance" of the evidence.

In an early study of carpal tunnel cases after the 1997 amendments only 16% of claimants were successful in proving their cases under the "clear and convincing" evidentiary standard.

So, the following activities causing injury would not be compensable under the Virginia Workers' Compensation   Act:

*lifting over a period of time with resulting neck or back injury;

*typing  at a computer with resulting carpal tunnel syndrome (unless can qualify under the clear and
  convincing evidence standard;

*hand or arm  problems resulting from repetitive activity at work;

*stocking shelves over a period of time resulting in any orthopedic injury;

*standing, kneeling, crouching or sitting for a period of time.

In summary, even though a worker in Virginia has suffered an injury at work, the claim may still be denied if the injury is caused by repetitive trauma and not by a specific accident. For example, if a worker lifts 40 boxes in a work day and wakes up the next day with a back aches, the worker does not  have a winning claim in Virginia. On the other hand if the worker lifts box number 40 and feels a sharp pain then the worker may have a winning claim.

For more information contact workers' compensation lawyer Jerry Lutkenhaus (804) 358-4766 or visit Virginia Workers' Compensation Lawyer.