Frequently Asked Questions

Social Security Disability

SSA considers your age, education, work background, and medical records to determine if you are able to work on a regular and consistent basis.

Yes, but there is a limit on how much you can earn while your application is pending. The limit changes from year to year.

You must have medical evidence of a diagnosed physical or mental disorder that affects your ability to work.

SSA disability claims are initially processed by state agencies that evaliate claims at the initial and reconsideration levels. Processing times are dependent on the volume of pending claims and staffing in the state agencies.

Upon initial denial you may file for reconsideration. If denied at reconsideration you may request a hearing before an Administrative Law Judge for the Social Security Administration.

You will benefit from expert advice about whether you are likely to be able to prove that you are disabled under SSA law and regulations. You will benefit from assistance throughout the claims process.

Veterans Disability

You must be a veteran with a discharge other than dishonorable. You must have a currently diagnosed condition that can be related to military service. The condition does not have to have been caused by military duties. You only have to show that the condition occurred during a period of military service.

You can apply yourself through the VA website or you may seek assistance from any of several veterans service organizations (VFW, American Legion, etc.) or you may contact an attorney authorized to practice before the VA.

Educational benefits are available for spouses and children of totally disabled veterans. Dependency and Indemnity Compensation is available for surviving spouses and children of veterans found disabled prior to the veteran's death. There are other benefits for family members as well.

No.

You will benefit from expert advice about whether you are likely to be able to prove that you are disabled under VA law and regulations. You will benefit from assistance throughout the claims process.

Workers' Compensation

You will benefit from expert assistance for determining if you are being provided with all the benefits you are entitled to. Your lawyer will assist you in prosecuting claims for benefit that have wrongfully been denied.

You must report your injury to your employer within 30 days of the injury. You must file any claims arising out of the injury within 2 years of the injury or within 1 year of the last date that any WC compensation or medical treatment was provided by the employer.

Yes, over 50 years as a practicing lawyer and former WC judge.

Yes.

Yes, to/from authroized medical treatment and pharmacies.

You may file a Petition for Benefits (claim) with the Office of the Judges of Compensation Claims. Thereafter a mediation conference will be scheduled with the employer or its WC insurance carrier. If the meediation fails to resolve the claim, a hearing will be scheduled with a Judge of Compensation Claims.

Disability Claims

I have handled these cases for over 20 years.

Not necessarily, but fee arrangements depend on the specifics of the case.

LTD claims typically do not extend beyond age 65 or other retirement age. LTD claims based on mental disorders are far more limited--usually no more than 2-5 years.

Typically, claims are not allowed for substance abuse; otherwise, any physical or mental disorder that caused disability will be consdiered. Private policy claims must arise while the insurance was in force; employer plans require that your condition arise while an active employee.

No, it's the otheer way around. Social security disability benefits will usually reduce the level of LTD benefits.