Friday, February 5, 2021

Social Security Disability Telephone Hearings in Virginia

 Photo of Gerald Gregory Lutkenhaus

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.

Tuesday, January 26, 2021

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!

Photo of Gerald Gregory Lutkenhaus

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.