Click here to read what Attorney General Madigan thinks about new Illinois Work Comp changes.
Denial
Why Did My Neighbor Get Social Security Disability?
That person who just got approved for Social Security Disability sure does not look disabled.
Looks can be deceiving.
Social Security rules are complicated.
Decisions are based on the following:
*Age
*Education
*Work History
*Transferable Skills
*Functional Capabilities
The most important factor is what is contained in the medical records.
No one sees what is in the records but the Social Security Judge.
The Judge does not base his decision on how you look.
The Judge decides based on what the doctor says about your conditions.
Remember, Social Security is a complicated law and looks can be deceiving.
Questions about your Social Security Case? Feel free to call Illinois Social Security Lawyer Dirk May at 309-827-4371.
What AMA Guidelines Mean to Work Comp Settlements
The new Illinois Workers’ Compensation law will change the values of settlements.
The new law only applies to work comp injuries that happen on or after September 1, 2011.
The value of the injuries will, in part, be based on the American Medical Association Guidelines.
The guidelines focus on objective, functional impairments.
For example, injuries to the back are examined in terms of nerve damage, muscle spasms, nerve root impingement, loss of reflex, loss of bladder control, etc.
Looking to other states who use the AMA guidelines, you can expect the Company doctor to evaluate someone with a low back surgery with a decent result at 5% impairment. The injured worker doctor may assess the impairment at 15%. The Arbitrator may award 10%.
Illinois law before this change would most likely result in a value of 20 to 25% of the back.
The unknown in all this is that the AMA guideline is to be used as one factor.
The other factors are education, work history, activities of daily living, impairments found in the medical records, etc.
This makes predicting the value under the new law very difficult.
Questions about your Work Comp injury? Feel free to call Illinois Workmans Compensation Lawyer Dirk May at 309-827-4371.
Why Does This Work Comp Thing Take So Long?
When the Workers’ Compensation Insurance Company denies your medical treatment or stops paying you while you are off work, your only option is to force the company to go to trial.
This takes time because you must get all the medical records, and your doctor’s testimony.
Doctor’s do not testify live, so you have to take a deposition. This is the doctor testifying about your case in her office.
Sometimes it takes several months to get the Doctor’s deposition scheduled.
The Work Comp insurance company also has the right to have one of its doctors examine you. This will take some time.
The case will go to trial, and it takes approximately 60 days for the Arbitrator to issue his decision.
You can see this takes drags the case out. It is very frustrating, but necessary since the injured worker must prove everything.
Questions about your Work Injury? Feel free to call Illinois Work Comp Attorney Dirk May at 309-827-4371.
Why Does the Social Security Thing Take So Long?
Does it really take 12 to 16 months to get my Social Security Disability hearing?
In Peoria, Bloomington, Pontiac, Springfield, and Champaign, Illinois it does.
There are several levels before the hearing level.
It takes a couple months for Social Security to review your initial application.
It also takes a couple months for Social Security to review your application at the second level.
This is because there are thousands of people applying for Social Security Disability, and only a limited number of people to review the medical records.
At the hearing level, it takes about 12 months to get before the judge.
Once again, there are thousands of people waiting for a hearing and only a limited number of judges.
For example, in Peoria, Illinois there are approximately 7 judges and some support staff getting all the cases ready for hearing.
Questions about your Social Security Disability case? Feel free to call Illinois Social Security Disability Attorney Dirk May at 309-827-4371.