Social Security Q&A: Disability benefits | News OK.
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The application is complicated when you go through it the first time. That is why I sit down with my clients and go through it with them and actually file the application and the report for them online.
There was a recent Oklahoma Work Comp case that may open some eyes.
An employee whose regular job was a desk job, volunteered to help out by mowing the company property’s lawn.
He suffered a heart attack as a result of the heat and exertion, and has become permanently disabled.
The fight in court was about whether his volunteering to mow the lawn took him out the scope of his regular work.
The Oklahoma Supreme Court ultimately ruled that he was not a true volunteer. His employer was still found responsible for his condition and future medical care even though his injuries did not result from his regular job duties and he had pre-existing health conditions that contributed to his heart attack.
I would expect that a case in Illinois with the same facts would have the Courts ruling in a similar manner.
As long as you are performing work duties that your employer assigns you, or that are within the scope of your normal duties, or that your employer asks you to do and that you perform to benefit your employer then you will receive work comp benefits.
You, of course, need to be careful that you are following safety rules and procedures. But even then there is latitude in the Workers’ Compensation rules and law that will allow you to recover.
Questions about your work injury? Feel free to contact Illinois Workers’ Compensation Lawyer Dirk May at 309-827-4371.
It gets maddening when the Work Comp insurance company does not pay your medical bills and will not pay you when you are off work due to injury.
What can you do?
You can file a motion for an emergency hearing.
It does not take much time to file the motion, however, it will take some time to get to the hearing.
The reason is that the Workers’ Compensation arbitrator (judge) is only in town once a month.
The other delay is that you need your doctor to testify in your case.
It often takes several months to set up the doctor for his testimony.
The bottom line is that the insurance company must have a reason for not paying your bills or your off work pay.
They may be subject to penalties and attorney fees if they deny payment without good reason.
Some of the reason for delay is that the adjuster is not really paying attention to the case or they are lazy.
Filing a motion for the emergency hearing usually gets their attention because it costs them money to send the case to their attorney.
Some insurance adjusters do not care because it results in less work for them.
The ultimate decision maker in whether the work comp insurance company must pay penalties is the Arbitrator.
Questions about your workers’ compensation case? Feel free to contact Illinois Workman’s Compensation attorney Dirk May at 309-827-4371.
Having your doctor on your side for your Social Security Disability case certainly does not hurt.
However, there are no guarantees that the Judge will agree with your doctor.
Social Security rules provide that the Judge is the ultimate decision maker regarding whether you are disabled.
A doctor who writes a letter saying that Mrs. Smith is disabled and cannot work will most likely not help her case.
The doctor will need to explain what symptoms you experience and how it limits you.
The doctor’s records will also have to back up what she writes in the letter.
I have seen some Judges who will pick apart a doctor’s letter and complain that the records do not support what they are saying in the letter, or that the doctor is relying on the patient’s subjective complaints and not any objective findings.
It is important to consistently report to your doctor the problems and limitations you experience. This should be done at each visit.
If you need an xray or other test to support this, then you may need to ask for them.
Examples are telling your doctor that your hands are numb and tingle most of the time, and that you drop plates and glasses several times a week.
The other problem you may face are that doctors are reluctant to fill out forms or write letters for you.
You should cultivate the relationship from the beginning.
Explain your circumstances to your doctor. Such as your health has deteriorated, that you have worked hard all your life and that you will need some assistance in explaining your situation to Social Security. It will not be a time consuming ordeal for the doctor. A one page letter or short form will be all that is needed.
Questions about how to make your disability case strong? Feel free to contact Illinois Social Security Disability Attorney Dirk May at 309-827-4371.
It may seem like an unusual question but there are limited circumstances under the Illinois Workers’ Compensation law when you may have the possibility for multiple settlements.
For instance, if you are injured in Indiana but were hired out of Illinois then you will have opportunity to file a workers’ compensation claim in Indiana or Illinois.
Assuming that you file your claim in Indiana and settle your claim in Indiana, then you may also file in Illinois to recover additional benefits.
The insurance company will have the right to an offset for the Indiana claim, however you do have the right to additional benefits pursuant to Illinois law.
An example is that a client came into my office who hired an Indiana lawyer and settled his case, but his Indiana lawyer did not tell him that he could get Illinois benefits. If he would have not contacted us to discuss another matter he would have left a large sum of money on the table.
This is because Indiana benefits are very low.
Illinois benefits are some of the highest in the country.
This means that if there is any way you can file benefits in Illinois you should do so.
We were able to get the appropriate benefits for our client because we understood the law.
However, the most straight forward approach would have been to file in Illinois first and get all the benefits allowed under the law. This would have avoided prolonged proceedings for the injured worker and insured that he was properly protected.
Questions about your Workers’ Compensation injury? Feel free to contact Illinois Work Comp lawyer Dirk May at 309-827-4371.