What Happens at a Illinois Workers’ Compensation Hearing?

If you cannot get the settlement offer you want, then you have the option of having a hearing to decide your case.

The more you know and understand about the process the less fear you will have.

It is nothing like you see on television.

The trials are considered administrative proceedings.

The Arbitrator is a judge who is hired by the State of Illinois as a full time employee.

There is no jury.

The Judge listens to the evidence and decides your case.

The insurance company has a lawyer who will represent them. The lawyer will question you and put on evidence.

You will testify about your accident, your medical treatment, and how you have recovered.

There are no opening statements or closing arguments.

The Arbitrator will issue a written decision.

There are no time lines for when the Arbitrator has to issue the decision. However, it is written and provided to the parties usually within 30 to 120 days.

Either side may appeal the decision to a 3 Judge panel of Commissioners.

This will take from 6 months to over 1 year.

After this either party may appeal to Circuit Court and finally the Illinois Appellate Court.

The majority of cases that go to trial stop at the Commission level.

I hope this takes some of the mystery and fear out of what happens at a Workers’ Compensation hearing in Illinois.

More questions about Work Comp? Feel free to call Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.

Social Security Disability and Joint Replacements

Joint replacements such as knees and hips can be important factors in deciding whether you are eligible for Social Security Disability.

Age always factors into Social Security Disabiliy.

For instance, if you are under 50 years of age and have had knee or hip replacements then you must prove that you are unable to perform any job.

This may be done through showing that your pain is so extreme that it keeps you from being able to concentrate for large parts of the day or will cause you to be absent at least 2 days a month.

You will most likely need to show that you are actively engaged in pain management, or that there are have been problems with the joint replacements.

If you are 50 years of age or older, then you may have an easier time proving disability if your past work involved standing and walking most of the day and lifting over 20 pounds.

A knee or hip replacement will probably keep you from standing or walking a lot because of the pain.

Some people run into problems because they have a history of sit down work.

The Judges want to put you back into these sit down jobs even with multiple joint replacements.

The best approach in these type of cases is to show chronic pain that severely impairs staying on task throughout the day. Multiple doctor visits with pain complaints, and serious pain medications, or injections will help support your case.

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

Work Comp and Changing Lawyers

Should you change lawyers in the middle of your Workers’ Compensation case?

Unless absolutely necessary I would not recommend switching attorneys.

The problem is that it slows down your case while the new lawyer gets your records and gets familiar with your case.

Some lawyers advertise a lot and claim they are very aggressive.

Usually not true.

They are typically not seen around the courthouse and do not show up for hearings to move your case forward.

I see a limited upside to starting over with a new lawyer.

The best way to handle a problem situation is to sit down with your lawyer and explain exactly what are your goals.

Such as you want to settle your case as soon as possible, or you want to get future medical treatment.

It is probably best to have a lawyer who is close to you. This makes communications easier and makes it more likely your lawyer will be able to go to the court hearings.

For instance, it just does not make sense for a Chicago lawyer to handle down state cases because they will not show up to all the hearings necessary.

Questions about your work injury? Feel free to contact Illinois Workers’ Compensation Lawyer Dirk May at 309-827-4371.

Social Security Disability and Past Work

Social Security Disability rules can be unusual and a little complicated.

The rules about past work fall in this category.

But the rules are very important and can make the difference between winning and losing your case.

Past work becomes very important for people 50 years of age and older.

Social Security will look at your past relevant work for 15 years before your alleged onset date.

An example is if you tell Social Security you became disabled on January 14, 2013, then they will look at all your past work through January 14, 1998.

Part time jobs that earn less than the substantial gainful activity wage do not count. This amount changes each year.

The reason past jobs are important is that if Social Security says you can perform past work then you are not disabled.

If you have had jobs that range from light to heavy work (Lifting 20 pounds to 50 pounds and above, and standing most of the day), then they will usually not count against you.

However, if you are between 50 and 54 years of age and have worked a sedentary job in the past and your condition limits you to sit down work then you may be in trouble. Normally you win your case if you are limited to sedentary work at age 50. To get out of the sedentary work you must show something extra.

Some examples are depression or severe pain that affects your ability to concentrate and stay on task. This would keep you from performing a semi-skilled or skilled level job.

If you have problems with using your hands for handling and manipulating objects this will usually keep you from working a sedentary job.

If you have a history of sedentary work make sure you talk with an experienced Social Security Disability lawyer.

Feel free to contact Illinois Social Security Disability Attorney Dirk May at 309-827-4371.