More Social Security Disability Tips

I go to a lot of Social Security Disability hearings representing people mainly in Illinois and this gives me a chance to see other people who are also there for a hearing. It always surprises me to see so many people who go in without a lawyer.

These people have no idea what is going to happen in the hearing and they are trusting that the Administrative Law Judge and vocational expert will look out for their best interests.

The Judge must tell the claimant at the beginning of the hearing that they are entitled to a lawyer to represent them, and if they proceed without a lawyer then the Judge will issue a binding decision.

You always have the right to appeal from the Judge’s decision, however the evidence you present at the hearing will limit your arguments on appeal.

I have seen some of the decisions Judge’s make when a person does not have a lawyer. Most Judge’s try to be fair, but they cannot see all the things that are in your favor and they are not as invested in your case as you are.

You also need to know what questions will be asked in the hearing and how to answer them properly in light of the Social Security rules.

You need to know what you have to prove to win your case.

It makes sense to have an experienced Social Security Disability lawyer help you because they can prepare you to do everything possible to present a strong case.

The lawyer will only get paid if you win and get paid back benefits. This means both you and the lawyer want to win.

Questions about how to help your disability case? Feel free to call Illinois Social Security Disability Attorney Dirk May with Williams and Swee at 309-827-4371.

Work Comp Doctors and What They Mean

Illinois law allows the Workers’ Compensation insurance company to send the injured worker to a doctor of its own choice.

This doctor cannot provide you with any treatment.

The only purpose of this doctor is to examine you and the doctor’s opinion may be used against you in your case.

You will have to travel to see the doctor for an exam that will last approximately 10 minutes to one hour.

The doctor will write a report that describes your injuries, whether your condition is related to your work injury, what treatment is necessary, and your restrictions.

The insurance company may use this report to deny the injured worker medical treatment, stop payments, or deny the case all together.

If this happens, then you will need to have your doctor testify in your favor.

The Arbitrator will chose between the doctors’ opinions in deciding whether or not you win your case.

It is important to know that you must go to the insurance company doctor or you will be denied all benefits.

What is in the injured worker’s favor is that your treating doctor spends much more time with you and over the course of time sees how the injury affects you, and if the doctor is your surgeon sees the pathology of your condition in a way that the insurance company doctor cannot.

If you are ordered to see a Work Comp doctor make sure that you talk with an experienced Illinois Workers’ Compensation Attorney immediately.

Questions about your work injury? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May with Williams and Swee at 309-827-4371.

Chronic Fatigue Syndrome and Social Security Disability

Earlier this year I posted a story regarding the Institute of Medicine’s report recommending that Chronic Fatigue be renamed to Systemic Exertion Intolerance Disease or SEID.

I have had a number of clients who experience Chronic Fatigue Syndrome.

These type of cases are difficult to win because there is no specific test for diagnosing Chronic Fatigue and some judges think people are faking their condition.

If you suffer from SEID you should ask your doctor to research the new report and ask your doctor to either write a letter or include in your treatment notes his opinion whether you meet the diagnostic criteria and whether he or she believes it will result in you missing more than 2 days of work per month and whether it will cause you to off task more than 20 percent of the day.

The diagnosis requires the patient to have a substantial reduction or impairment in the ability to engage in pre-illness levels of occupational, educational, social, or personal activities that persist for more than 6 months and is accompanied by fatigue, which is often profound, is not the result of ongoing excessive exertion, and is not substantially alleviated by rest, and experiences post-exertional malaise, and unrefreshing sleep. At least one of the two is also required: cognitive impairment or orthostatic intolerance.

The doctor’s opinion regarding absences and productivity is important because no employer will tolerate low productivity or poor attendance.

Questions about your disability case? Feel free to contact Illinois Social Security Disability Lawyer Dirk May with Williams and Swee at 309-827-4371.

Should I File a Workers’ Compensation Case?

Many people fear filing an Illinois Work Comp claim.

They believe their employer will get mad and take it out on them or fire them.

Illinois law protects a worker against retaliation for filing a Workers’ Compensation claim.

Most employers will not penalize a worker who has a legitimate work injury. That is why the employer carries insurance to protects itself and the injured worker.

In the instance when an unfair employer does fire or demote an injured worker there are legal protections. However, it may take a long time to get your job back and you may have to go to court.

The best thing to do if you are injured is to report it immediately to your supervisor or manager. Complete the work injury report and seek immediate medical treatment.

These actions will show the employer that you suffered a legitimate work injury and that ongoing medical treatment is required.

Delay in filing a claim will not help you in the long run.

Delays give the insurance company opportunities to argue that you were not injured at work or that you were not injured severely enough to recover any monetary damages.

Seeking an experienced Illinois Workers’ Compensation Lawyer will protect your interests from the beginning and help you deal with an insurance company who wants to reduce your recovery.

All lawyer’s fees are based on a 20 percent contingency that is paid at the end of the case.

Questions about your work injury? Feel free to contact Illinois Workers’ Comp Attorney Dirk May with Williams and Swee at 309-827-4371.

Do Illinois Workers’ Compensation Lawyers Make House Calls?

I know that I make house calls.

I am not sure if anyone else does.

Doctors do not do that anymore, and not many lawyers are willing to leave the office to meet with you.

I will come to your hospital room, your home or anywhere else you want to discuss your work injury case.

This is important because not everyone can get into a lawyer’s office to talk about their case.

You should be able to feel comfortable and not have to go to extremes to discuss your case with an experienced Work Comp attorney.

It is important for you to have experienced, knowledgeable representation because you will be dealing with an insurance company who has a number of lawyers on staff and other lawyers they have hired to protect their interests and not yours.

The best thing is it does not cost you any money upfront to hire a Workers’ Compensation lawyer. All fees are paid at the end of the case and they are limited to 20 percent of your settlement or award.

I have driven a client to his hearing this week, delivered a client’s check today, and have meet with a client at the Salvation Army this past week, so I will be glad to meet with you anywhere you need.

Feel free to contact Illinois Work Comp Lawyer Dirk May with Williams and Swee at 309-827-4371 to discuss your case.