Does a finding of 100% disability by the Veterans’ Administration also entitle the claimant for Social Security Disability?

 At one time a 100% disability rating was entered to “great weight” by the Social Security Administration. But the rules have changed. Now Social Security. But since March 27, 2017, the Rules changed. Now Social Security does not have to give special weight to the VA finding. However, the rating can mean the veteran’s case will be expedited if the veteran provides Social Security the 100% rating letter. 

What if a Social Security Judge only approves 10% of claimants’ cases?

 In my 40 years representing disability claimants, I’ve found that most judges approve between 40% and 50% of disability cases. Fortunately, I’ve been able to secure disability for more than 80% of the claimants I’ve represented in Virginia. Occasionally, over the years I’ve run into the anti-disability judge who only approves 10 to 15% of cases. Unfortunately, there is no way to avoid this type of judge. Cases are randomly assigned. So, sooner or later, I’ve had cases go before this type of judge, recently I had the case of a rectal cancer survivor. Even though the claimant’s pain doctor and cancer doctor said he was disabled and even though the reviewing doctor said he was disabled (because he would be spending too much of his day in the bathroom, the anti-disability judge said he was “not” disabled. Fortunately, I was able to secure a reversal and remand from the Social Security Appeals Council. At the second hearing, the same judge said my client’s situation was still unclear despite the fact three doctors had said he was discharged. She asked for a medical review by another cancer doctor. This noted cancer doctor agreed with the other three doctor so the anti-disability judge had to issue a favorable decision. So, we we were finally able to win this five (5) year battle, 

Even though this case was ultimately a success, it does illustrate the effect (a five (5) year delay) an ant-disability doctor can have on even a very good case.

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.