General

Why Is Social Security Denying Me?

Dirk May General, Help, Jobs, Law, Lawyers, Medical, Social Security, Social Security Disability

Many people ask me, “I cannot find a job so why does Social Security say I can work?”

Social Security Disability does not deal with the real world. Most healthy people are having a hard time finding a job. So if you are sick and have a number of limitations, then it will be almost impossible to find a job.

However, Social Security Disability does not take into account the unemployment rate, or how hard it will be for you to find a job with your limitations.

The only thing they look at is whether any jobs exist for someone with your limitations, and the numbers of jobs available. The types of jobs available and the numbers of jobs are based on outdated government manuals.

The only way to deal with this approach is to attack the jobs the vocational expert cites based on the requirements of each job.

Need help with your Social Security Disability case? Feel free to call me and talk about your case.

5 Easy Lessons for Your Social Security Disability Case

Dirk May General, Help, Law, Lawyers, Medical, Social Security Disability

Some basics that may help You when appear before the Social Security Judge for your Disability Hearing:

  1. Show up 30 minutes early. It makes the Judge angry, and you tense if you are late. Why tilt the table against yourself before the hearing starts?
  2. Be pleasant and look the Judge in the eye when you speak. I know you are in pain, but the hearing is less than 1 hour. A good impression goes a long way.
  3. Do not argue with the Judge. Your job is not to argue, it is to explain how your condition limits your ability to perform daily activities such as lifting, walking, sitting and standing.
  4. Listen carefully, then speak. The Judge’s questions are important. You want to know exactly what she is looking for. You also do not want to interrupt the Judge, and talk over him.
  5. Make sure your records are up to date. The Judge wants to know what the your doctor’s most recent treatment involved.

Sounds simple, but these points are important. Social Security Disability is not always simple. The law, the rules and what goes on in a hearing is complicated at times. Questions about your case? Feel free to call me, Illinois Social Security Attorney Dirk May, at 309-827-4371.

Should You Trust the Work Comp Insurance Company?

Dirk May General, Help, Insurance, Law, Medical, Settlements, Workers Compensation

Another example of why you should not always trust what the Workers Comp company offers you for settlement.

Someone called me to ask about their settlement offer. On the surface it appeared to involve a lot of money, but the details of the offer are important.

If you will never work again there are minimum amounts of weekly benefits that must be paid. Some future medical payments can only be used toward medical bills. They cannot be used for any other purpose. Once you compare the details the offer may not be as good as it appears.

If you cannot work again, the money must cover you for the rest of your life. So what looks like a lot of money today may not look so good 5 years down the road.

In Illinois, a settlement based on permanent total disability is worth much more than a typical lump sum settlement.

The insurance company will not willingly pay a perm total settlement. That is their maximum exposure.

Questions about your settlement offer? Feel free to call me to discuss.

Why Won’t Workers Comp Pay me?

Dirk May General, Help, Insurance, Law, Medical, Settlements, Workers Compensation, Workers Compensation Commission

Illinois Worker’s Compensation is certainly frustrating. They are supposed to pay you when you are off work, but they do not. What is going on?

In Illinois, the injured worker has to prove everything. This means you have to prove that you had an accident, that your injury is related to the accident, that you have medical bills, that you are off work, etc.

Many times the Work Comp insurance company disputes that the accident happened, or that it something covered by Workers’ Compensation Law, or that the Doctor has you off work. The Workers Compensation company, of course, benefits from not paying you.

These denials are discouraging, and they hurt your pocket book. You can take the case to trial, but it takes a long time sometimes anywhere from 6 months to 1 year. If Work Comp will not pay you, then your only choice is to go to trial. In some cases you can also seek penalties against the Insurance Company.

Got questions about your Illinois Work Comp case? Feel free to call Illinois Work Comp lawyer Dirk May at 309-827-4371.

How Long Does A Social Security Hearing Last?

Dirk May General, Help, Jobs, Law, Lawyers, Medical, Social Security Disability

Some people are surprised at how short their Social Security Disability hearing lasts.

Maybe from watching TV you expect an all day trial with a jury and a parade of witnesses. Not so! There is only the judge, and no jury. The only other people in the room is a vocational expert, and someone recording the hearing.

The typical hearing lasts from 45 minutes to 1 hour. I know, you have waited for over one year to get to the hearing and it is over in less than one hour.

The reality is that Social Security has so many disability applications that if it took any longer for the hearing you would be waiting 3 years.

There are also limited witnesses. There is barely time for you to tell what is going on with your condition. Let alone to have more than a witness or two to testify.

I usually use letters from witnesses to support the claimant. This gives you plenty of time to testify, and the judge does not feel rushed.

Do you have questions about what will happen in your Social Security Disability case? Feel free to call me and talk about your case. Ask for Dirk.