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Work Comp Changes and Wage Differentials

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


The Illinois Workers’ Compensation Act has changed the way wage differentials are calculated.

A wage differential is when your injury keeps you from working your old job, and the only work you can perform pays you at a lower rate.

The old law paid you the difference between the old and new job times 66 percent for the rest of your life.

Depending on your age and the wage difference this could amount to a large amount of money over your lifetime.

The new law provides that for injuries on or after September 1, 2011 you are only entitled to the wage differential until you reach age 67 or 5 years after the award becomes final, whichever is later.

This will result in lower settlements and awards.

Questions about your work injury, and the new law? Feel free to call Illinois Work Comp Attorney Dirk May at 309-827-4371.

Social Security Disability and Work Questions

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


Sometimes Social Security Disability Judges will ask questions about your ability to do certain types of jobs.

Why do they do this?

If you are under 50 years of age and can work any type of full time job, then you are not disabled.

A person who responds to the Judge and says they think they could work a simple sit down job, will usually be denied disability benefits.

The Judge is usually testing to see how limited you really are.

Keep in mind with these type of work questions the following:

Can you really do this work 5 days a week, 8 hours day?

How will your chronic pain affect your concentration?

How will your medications limit your energy?

How will your back or legs or arms and hands hold up after a work day?

Want to know what the Social Security Disability Judge is going to ask you? Feel free to call Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

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.