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Ask and You May Receive: Illinois Work Comp

Dirk May Help, Illinois Work Comp Attorney, Illinois Work Comp Lawyer, Insurance, Settlements, Workers Compensation

It may surprise you to learn that Workers’ Compensation insurance companies do not always pay injured workers what they are due.

There is no rule that says Work Comp insurance companies must pay you for injuries if you do not ask.

In Illinois you are entitled to payment of your medical bills, payment when you are off work, and payment for the injury itself for work injuries.

Some insurance companies will deny payment of any of these even when the claim is compensable.

At other times an insurance company will pay for the medical treatment, but not pay off work pay.

Finally, some insurance companies pay for medical treatment and time off pay but ignore making a settlement offer.

What can you do?

Make sure that request payment of all your medical bills, payment for being off work, and make certain that you request a settlement offer to close out your case when you are ready.

You should make these requests in writing or at least via email to document everything in the event you need to go up the ladder to an insurance company supervisor.

Remember, it does not hurt to ask. If the insurance company denies your requests or does something questionable make sure that you contact an experienced Illinois Work Comp lawyer to enforce your rights pursuant to the Illinois Workers’ Compensation Act.

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

Social Security Disability Hearings and Your Testimony

Dirk May Help, Illinois Social Security Disability Attorney, Illinois Social Security Disability Lawyer, Social Security, Social Security Disability, Supplemental Security Income

Your testimony at the Social Security Disability hearing can make the difference between winning and losing.

If you irritate the Judge it will not help your cause.

If you explain your problems and limitations in a convincing manner, then a Judge who may be leaning your way will usually find you disabled.

How do you avoid making the Judge suspicious or making the Judge mad.

If the medical records contain something that looks bad such as references to alcohol or drug abuse you will need to explain how you have had substance abuse treatment or how often you attend AA meetings.

If the medical records indicate that you are doing well, then you will have to explain how your pain will wax and wane at times or that you do better at times but the pain still makes so that you have take frequent rest breaks.

Answering the questions in a straight forward manner and believable way helps immensely.

This means that you cannot be too extreme and tell that the Judge that you are unable to do nothing. That you cannot do any chores or daily activities.That your pain is beyond a 10 all the time. People have good and bad days with a range of functioning. You should have your spouse or a friend ready to write a letter or testify that about your problems and limitations.

You can also fail to tell the Judge your real problems and pretend like you can do more than you are truly able to perform.

In addition, you should be able to explain how the pain interferes with your concentration, and makes you lose focus. How you need to nap and rest after your activities because of pain and fatigue from your medications.

A successful finding of disability depends on proper and consistent medical treatment, documented limitations, and convincing testimony at your hearing.

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

Behind Closed Doors at Social Security in Illinois

Dirk May Help, Illinois Social Security Disability Attorney, Illinois Social Security Disability Lawyer, Medical, Social Security, Social Security Disability, Supplemental Security Income

What happens when you file a Social Security disability application?

In many ways it is a mystery what Social Security does and what they look for, but what goes on can be fleshed out a little.

Once you file your application online or at a local Social Security office it is sent on the Springfield, Illinois or Chicago, Illinois for the Division of Disability Services or DDS to review.

At the initial stage there is a person at DDS who orders the medical records and sends out questions to the applicant.

Once the questionnaires and medical records come back the person in charge of your file will review the medical records and answers to the questions you supply and make a determination if you fit within the guidelines for disability.

DDS will also have medical personnel review your case to determine your level of functioning. Such as, are you limited to a sit down job or can you lift 20 pounds or more and can you stand and walk 6 out of 8 hours of the day.

Sometimes DDS will send you to a doctor to examine you.

The doctor will also try to determine your limitations.

In it is most simple form if DDS thinks you are able to work within its guidelines, then it will deny your claim.

You must then file an appeal to move forward with your case. When you appeal DDS will have a new person review your case. This includes ordering updated medical records. The new adjudicator in charge of your case will review your records and make a decision about whether you are able to work.

If you are denied again, then you must request a hearing.

At the hearing level, this is your first chance to see the person who will make a decision in your case face-to-face.

At the earlier levels of review the people at Social Security are only looking at paper work.

This is important to remember because it shows the importance of telling your doctor about your limitations and problems.

If you do not tell your doctor, then Social Security’s reviewers will never know what is happening.

You must also fill out the questionnaires properly. If not then there is the chance the reviewer will mistakenly believe you can function at a higher level than you really are able to.

You must keep in mind what the people at Social Security are really looking for when they review your claim.

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

Workers’ Compensation and Getting Paid

Dirk May Help, Illinois Work Comp Attorney, Illinois Work Comp Lawyer, Settlements, Workers Compensation

The most important part of your work injury is getting paid if you cannot work.

The insurance company should be paying you if your injury happened on the job and your doctor has taken you off work.

If the Work Comp insurance company is not paying you, then you should contact an experienced Work Comp attorney right away.

If the Work Comp insurance company stops paying you after they send you to see one of its own doctors, then you contact a lawyer immediately.

The problem is that some injured workers forget to get an off work slip from their doctor. Failure to get the doctor to put your need to be off work in writing can stop your payments.

Once you are sent to the see the insurance company doctor she will write a report that gives the opinion whether the accident and injury are related, the treatment needed and your restrictions. This will determine whether you will get paid and the future course of your treatment.

The only way to get payments back on track is to prepare for trial. This includes having your treating doctor

Should You File for Social Security Disability?

Dirk May Help, Illinois Social Security Disability Attorney, Illinois Social Security Disability Lawyer, Social Security, Social Security Disability, Supplemental Security Income

People wonder when they should file for Social Security Disability or if they should file at all.

First of all you should make sure that you are eligible for Social Security Disability.

If you have not paid Social Security taxes, then you cannot be paid disability benefits.

This may have happened if you were out of the work force in the last 10 years as a stay at home mom or dad, or if you were self-employed and did not pay Social Security taxes, or if you were a teacher or university professor who did not pay into the Social Security system.

If you have any questions you should contact your local Social Security office and ask them if you are eligible for disability benefits based on your work record.

Some people may be able to file for SSI if they cannot get the regular Social Security Disability benefits. SSI depends on household income and assets. You should contact an experienced Social Security lawyer to discuss your options.

If you are eligible and cannot work, then you should file your application as soon as possible. The reason is that it can take a long time to examine your medical records and decide your case. In central Illinois it is taking up to 2 years from application to hearing. In addition, you may lose benefits if you wait too long to file. Back benefits will only be paid 12 months before your application date.

If you think you can only work part-time, then you should file. Social Security allows you to earn less than $1,000 gross per month and still file for benefits.

If you have alcohol or drug abuse problems do not file. Social Security will deny you if you have substance abuse issues. Make sure you get treatment through a substance abuse center or through AA or NA, and then file your application.

If you have not been seeing a doctor for your problems do not file. Social Security disability is all about your medical treatment and records. It is a waste of your time to file for disability and not have medical treatment. Make sure you see your doctors and explain all your problems and how they limit and restrict you and then file your disability application.

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