Denial

Medical Treatment Under the New Work Comp Law

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


For injuries after June 28, 2011 the way medical treatment is allowed has changed.

The new law in Illinois allows the employer to establish a Preferred Provider Program.

The PPP must be in place and approved at the time of injury.

The injured worker must be informed of the PPP on a specific form.

The injured worker has 2 choices of doctors within the network.

If the Workers’ Compensation Commission finds the second doctor has not provided adequate care, then you may chose a doctor out of network.

The injured worker may opt out of the PPP at any time but it constitutes a choice of one doctor.

Non-emergency treatment prior to the report of injury counts as the choice of 1 doctor.

You are still limited to the choice of 2 doctors.

Questions about your Illinois work injury? Feel free to contact Illinois Work Comp Attorney Dirk May at 309-827-4371.

Social Security Disability Denial

Dirk May Denial, Help, Law, Lawyers, Medical, Social Security, Social Security Disability, Supplemental Security Income


What should you do if you are denied Social Security Disability at your hearing?

The new Social Security rule is that you must reapply or appeal your denial.

In most cases you probably want to reapply, which means filing a new application.

Why?

You will most likely get a faster decision.

Sometimes Social Security will approve you before you have to go back before a Judge. Why is this? I do not know, but I have seen this happen a number of times.

The Appeals Council used to remand these new approvals along with the old denial for the Judge to review. This is usually a bad sign for the claimant.
I doubt the Appeals Council will review a large number of these cases since they are not on appeal before them.

The Appeals Council rarely overturns a Judge’s decision.

The Appeals Council does not usually return the case to the Social Security Judge to review the disability decision.

What do you lose out on if do not appeal?

Back benefits. Those will be forfeited. You may still get some back benefits while you wait for the new decision.

All of this advice changes if your date of last insurance has run out, or if you some major medical treatment with heavy duty restrictions.

In other words, if you have questions about your denial feel free to call Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

Why Do Work Comp Payments Take So Long?

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


What takes Workers’ Compensation insurance companies so long to pay time off work pay or the settlement?

It saves them money to prolong payment.

They have different levels of people who must sign off on the payment. Remember these are large businesses.

The adjusters are overworked. Insurance companies have cut back on staff like other businesses.

The bottom line is that you must keep asking them when the payment is coming. The more you bother them the quicker they want to get rid of you.

Questions about your Work Injury? Feel free to call Illinois Work Comp Attorney Dirk May at 309-827-4371.

Disability Lessons

Dirk May Denial, Help, Jobs, Law, Lawyers, Medical, Social Security, Social Security Disability, Supplemental Security Income


Social Security Disability Lesson # 105:

Sometimes a good attitude makes a big difference.

During a recent disability hearing the Administrative Law Judge asked the claimant questions about his medical records.

There were references to malingering (faking) and being a hypochondriac.

The person answered clearly, respectfully, and in a reasonable manner.

The Judge accepted his answers and granted him Social Security Disability benefits.

It was a good lesson.

Answer honestly.

Do not get angry.

Explain as best you can what was going on at the time.

It can make the difference between a good outcome, and a disaster.

Questions about your Social Security Disability case? Feel free to call Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

September 1st: What does it Mean for Work Comp?

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


The new Illinois Workers’ Compensation law sets a deadline of September 1, 2011.

This means that for injuries on or after September 1, 2011 new rules are in effect.

The old law applies for injuries before September 1, 2011.

The date the claim is filed does not matter.

The value of injuries after September 1, 2011 will likely be reduced.

A new standard of determining value kicks in and one of the factors is the AMA guidelines. This takes into account some medical factors which may make it more difficult to get a higher settlement.

The full effect of the new work comp law will not be known for another year or two.

The psychological effect will most likely be lower settlement offers from Work Comp insurance companies.

Let me know what you see if you have a work injury after September 1, 2011. Call me, Illinois Workman’s Comp Lawyer, Dirk May at 309-827-4371.