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.

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.

The 5 Winning Points to Make to the Social Security Judge

THE FIVE MOST IMPORTANT THINGS TO KNOW IN YOUR SOCIAL SECURITY CASE. 

I have represented claimants in over 1,000 Social Security Disability hearings. These are some suggestions about the claimant's testimony before the judge:

First, if you have a case that involves chronic pain you are going to be asked what is your pain level on a 0 - 10 scale. If you claim it is a ten, then be aware if your medical records show you have always told your doctor it is a five or six. The judge will then say you have no credibility.

Second, in almost every case, you will be asked how long you can sit, how long you can stand, and how much you can lift. Again, this should be consistent with your medical records. This is especially the case if your doctor has completed a functional capacity evaluation on your residual ability to do various activities. You need to review this before the hearing.

Third, you will be asked about the side effects of your medications. This could be important if the side effects are disabling. However, you need to make sure the side effects are side effects that result from the particular drug. Also, even though you are taking a drug that could cause side effects it does not mean it causes side effects in your case (especially if you have never complained about these drugs in the medical records).

Fourth, you need to tell the truth about everything. Most likely, the judge will be very familiar with your medical record. Thus, if you exaggerate your complaints and this is contradicted by the medical record then the judge is not going to believe you. Also, if a friend or relative testifies for you, you need to make sure you and the witness are on the same page. It is not going to do you any good if the friend says you ride motorcycles with him when you claim to be bedridden.

Fifth, often a vocational expert will testify at your hearing. It is important that the consultant hears your testimony. Generally, he or she will be a neutral witness. The vocational consultant will be asked to state the skill level and strength level of all the jobs you have done in the last 15 years. Then the judge and perhaps your lawyer will ask the consultant a series of hypothetical questions. Often, the first question will ask the consultant to assume you have the same restrictions that have been previously stated by Social Security. This will of course elicit a response that you can do either your past relevant work or some form of light duty work. Hopefully, there will be additional questions to the consultant based on your impairments and your testimony that will result in positive answers from the consultant that will help you win your case. One question would simply be if you are credible about your complaints would the expert rule out all jobs.

In summary, these are five suggestions about testifying before a judge. The judge will decide the case largely on the medical records but your testimony can help your case. For more information about Virginia workers' compensation or Social Security Disability call Jerry Lutkenhaus at (804) 358-4766 or 1(800) 256-8862 or visit our website at Virginia Workers' Compensation & Disability Lawyer.

Virginia Workers' Compensation & the Employer's Application for a Hearing

WHEN YOUR VIRGINIA WORKERS' COMPENSATION IS CUT OFF!

You are injured and cannot work. You are receiving workers' compensation weekly payments and medical coverage. Then you receive an Employer's Appilcation for a Hearing. What does this mean?

First, it means your weekly compensation payments are suspended.

Second, your medical coverage may continue.

Third, it does not mean your payments are permanently cut off.

Fourth, most of the time a medical report will be attached to the Employer's Application saying you have recovered from your injury (or in some cases that you have returned to work).

Fifth, if your treating doctor has returned you to work, then there may be no defense to the Employer's Application.

Sixth, however, many times the report will "not" be from your treating doctor rather it will be from a so-called independent medical examiner. One thing you can be sure of the doctor of examiner is not going to be "independent" at all. Instead, the insurer will procure this examination because the treating doctor has not returned you go work soon enough.

Seventh, despite the fact the medical release did not come from the "treating doctor" but rather an outside doctor the Senior Claims Examiner may find it constitutes "probable cause" and forward it for   a hearing which means the suspension of compensation will continue.

Eighth, the injured worker has 15 days in Virginia to respond to the Employer's Application. Most of the time the best response is an updated report from the treating doctor which shows the "independent  doctor" is wrong and the worker is still under a disability. If the treating doctor can write a "home run" report the Senior Claims Examiner may deny "probable cause" and refuse to refer the Application for a hearing (which means compensation payments will have to resume).

In summary, an injured worker who receives an Employer's Application for Hearing still has rights and can contest the Application. Of course, the worker needs to contact an experienced Virginia worker's compensation lawyer immediately.

For more information about this or any Virginia workers' compensation problem, contact Jerry Lutkenhaus at 1-800-256-8862 or visit my website at geraldlutkenhaus.com.

Virginia Workers' Compensation Advanced Lawyers Retreat & Marijuana

VIRGINIA WORKERS COMPENSATION AND ILLEGAL DRUGS

Recently, I attended the Virginia Workers' Compensation Advanced Lawyers' Retreat in Richmond, Virginia. The conference was highlighted by a presentation by a VCU toxicologist. One of his points was marijuana could stay in your system for a long time. This of course can cause a problem for many workers who are injured on the job. Many employers will require the injured worker to take an immediate urine test when they are injured. Also, many employers have a zero tolerance level for illegal drugs. As a result, a positive test could easily result in termination of employment due to the violation of the drug policy. But the toxicologist pointed out a positive marijuana test does not prove one is under the influence of marijuana at the time of the accident. So, employers cannot say based on the positive test marijuana "caused" the accident based on the test.

One problem is Virginia Code Section 65.2-306 creates a rebuttable presumption that if one tests positive for marijuana then one is "presumed intoxicated" at the time of the accident. The injured worker can overcome this presumption by clear and convincing evidence that he/she was not intoxicated at the time of the accident.

Thus using marijuana on the job can have two very bad results:

First, you can be fired for violation of the employer's drug policy. This termination can not only forfeit employment it can be used to cut off workers' compensation if you are released to light duty work after an injury. The reason is the employer cannot give you a light duty job because your employment was terminated for violation of the employer's drug policy.

Second, the employer can try to use the violation to deny the medical bills and any compensation for the accident on the grounds the injured employee was "presumed intoxicated" at the time of the accident.

In summary, the VCU psychologist made the point marijuana can stay in one's system for a long time after use. And as a workers' compensation lawyer, I can say a positive test for marijuana can have dire consequences for one's employment and one's workers' compensation claim.

For more information about this or any Virginia workers' compensation problem contact Jerry Lutkenhaus at 1-800-256-8862 or visit my website at geraldlutkenhaus.com.

The Upcoming Drastic Cut in Social Security Disability--Avoided

Many on Social Security Disability do not know it but the Disability Trust Fund is running low on money. In fact in 2016, only one year away, the Fund will not be able to pay full benefits. It is expected there may be as much as a 19% reduction in benefits.

This problem is well-known to Congress but nothing has been done to address this issue. The Obama administration has proposed a temporary borrowing from the regular Social Security fund to address this shortfall. Republicans in Congress have not agreed. Many of them regard our disabled workers as deadbeats and slackers who are mooching off of the system. They ignore the fact the disabled workers have all been found "disabled" by the Social Security Administration.

What disabled workers can do is contact their Congressman now about this problem before there is a reduction in benefits.

THIS IS AN UPDATE. CONGRESS AVOIDED THE REDUCTION IN DISABILITY BENEFITS BY ALLOWING FOR BORROWING FROM REGULAR SOCIAL SECURITY RETIREMENT FUND IN THE BUDJET COMPROMISE BILL AT THE END OF 2015.

For more information about Virginia workers' compensation call Jerry Lutkenhaus at (804) 358-4766 or 1(800) 256-8862 or visit our website at Virginia Workers' Compensation Lawyer.

Insurer Refuses to Pay Injured Worker's Medical Bills in Virginia

WHY AREN'T MY VIRGINIA WORKERS' COMPENSATION BILLS BEING PAID?

In my workers compensation practice in Virginia, I often see workers who were injured at work and the employer's workers compensation insurers have not paid the worker's medical bills. Why is this the case?

First, did the employer know about the injury? Was it properly reported to the appropriate person?

Second, did the employer furnish the injured worker a panel of three (3) doctors from which to choose a doctor from? Did the injured worker choose a doctor from this panel? (In Virginia the injured worker has a right to a panel of three doctors for his/her injury.)

Third, was the treatment (an MRI, physical therapy, prescriptions, etc.) authorized by the doctor from the panel?

Fourth, did the treating doctor send the bill in question with his/her treating note to the insurer? If no the worker can request that this be done.

Fifth, if the injury has been denied by the employer, then the injured worker must file a claim with the  
Virginia Workers' Compensation Commission and consult an experienced workers' compensation lawyer.

For more information about Virginia workers' compensation call Jerry Lutkenhaus at (804) 358-4766 or 1(800) 256-8862 or visit our website at Virginia Workers' Compensation Lawyer.

Brain Injury at work in Virginia.

VIRGINIA WORKERS' COMPENSATION FOR A BRAIN INJURY AT WORK

I attended a seminar given by Richmond, Virginia's number one brain doctor. He explained traumatic brain injury (TBI) to the Virginia Trial Lawyers Association. It was noteworthy that he said 95% of people with a TBI recover without any permanent difficulties. I guess this is why a football player can have his "bell rung" and go right back to playing. However, nowadays the player is held out of playing for 4-5 days until all his symptoms have cleared. That was not the case when little was known about brain injuries.

But what about the worker who suffers a concussion on the job?

In Virginia the insurance companies are quick to accept a head injury but they are reluctant to accept a brain injury or TBI. One reason is that a TBI makes the injured worker eligible for lifetime compensation. About 99% of Virginia Workers' Compensation Injury Victims cannot receive wage compensation after 500 weeks. One exception to this is a TBI.

An injured worker with a TBI if still disabled for work after 500 weeks from his date of injury can apply for lifetime wage replacement. So if you are a worker who is one of the unfortunate TBI sufferers who did recover from his/her TBI you should know this option.

A second reason insurers don't want to agree to an award for a TBI is that means they will owe lifetime medical coverage for a "brain" injury.

So, what can an injured worker do if he or she has a TBI that does not heal within 90 days? He or she should consult a Virginia Workers' Compensation lawyer as soon as possible.

For more information about Virginia workers' compensation call Jerry Lutkenhaus at (804) 358-4766 or 1(800) 256-8862 or visit our website at Virginia Workers' Compensation Lawyer.

High Blood Pressure and your Virginia Workers Compensation Claim

Recently, I have had a number of clients with this problem. They have a painful condition due to a Virginia Workers' Compensation back or neck injury. At the same time they have high blood pressure.
The back or neck doctors "refuse" to operate or do any invasive procedure due to the high blood pressure. The workers' compensation insurance company and the doctors ask the claimants to get their blood pressure under control.

The claimants have a big problem. They would like to control their blood pressure. They know it is dangerous. They would like to obtain relief for their back or neck problems but the doctors refuse to do anything due to the high blood pressure. In most cases, they no longer have health insurance because that expired when they were unable to return to work due to the accident. Thus, they are not able to handle a problem like high blood pressure without insurance.

The workers' compensation insurer will not pay for high blood pressure case unless it was caused by the accident. The orthopedists who are taking care of the orthopedic problem are reluctant to state the "accident" caused the high blood pressure. This is so even if the claimant did not have high blood pressure before the accident. This is so even though "pain" can aggravate or exacerbate high blood pressure.

In some cases the Virginia Workers' Compensation Commission will require the workers' compensation carrier to take care of an unrelated problem in order to correct a problem caused by the accident. Most of the time, the workers' compensation carrier will refuse to try to correct a problem such as "high blood pressure" if it was not caused by the accident. The Rule appears to be the Commission will not force the insurers to control high blood pressure if it existed before the claimant's accident. Usually, it did.

In conclusion, it appears my clients will stay in Limbo regarding their high blood pressure unless I can obtain some kind of relief from the Virginia Workers' Compensation Commission.

Three important facts about Social Security Disability & Virginia Workers Compensation

VIRGINIA WORKERS' COMPENSATION AND SOCIAL SECURITY DISABILITY

There are at least three (3) important things to know about Virginia Workers' Compensation and Social Security Disability:

First, even though the worker has been found "disabled" by Social Security this is not binding on the Virginia Workers' Compensation Commission or the workers' compensation insurance company. If the treating doctor says you can do light duty work, the insurance company will continue to try to find you light duty work despite the decision by Social Security.

Second, in most instances workers who are on workers' compensation will have their Social Security Disability benefits reduced because they are also receiving workers' compensation payments. The formula is if a combination of Social Security payments and workers' compensation payments exceed 80% of what Social Security finds to be the worker's pre-disability wages, the Social Security payments will be reduced.

Third, in a settlement current Social Security rules allow the attorney for the injured worker to pro-rate the lump settlement over the worker's life expectancy. By using this formula the attorney can eliminate the offset.

For more information about Virginia workers' compensation call Jerry Lutkenhaus at (804) 358-4766 or 1(800) 256-8862 or visit our website at Virginia Workers' Compensation Lawyer.