Coronavirus and Illinois Workers’ Compensation and Social Security Disability

Rapid change this week on the Coronavirus front and how it is impacting Illinois Work Comp cases and Social Security Disability cases.

The Illinois Workers’ Compensation Commission has suspended all in person Arbitration proceedings for the remainder of March 2020. This means no on site meetings with Arbitrators and lawyers. There is a provision for emergency proceedings. No official word on what this means.

The practical effect is that this slows down the system and makes it difficult to reach settlement or have a trial on your case. If this extends for several months or more, the system will be under great stress and it will make it very difficult for injured workers.

On the Social Security Disability side, the Federal government has suspended all in person hearings. Your options are a telephone hearing or a video hearing at a lawyer’s office who has special video equipment.

If you have to reschedule the hearing it may take months to get a new hearing.

Our office has special video equipment for Social Security Disability hearings.

Questions about your Work Comp case or need a Social Security Disability video hearing? Feel free to contact Illinois Attorney Dirk May at 309-827-4371.

What to do with a Work Injury and Social Security Disability

The combination of a work injury and a Social Security Disability filing makes for a complicated situation.

A workers’ compensation award or settlement has the potential to reduce or wipe out your Social Security Disability benefits if you are not careful.

This may result because the Federal Government has written the law in such a way as to offset disability benefits when you receive Workers’ Compensation.

The government allows you to write settlement contracts in a way that is favorable to you. However, you must follow the rules or you will be penalized.

Do not settle a Workers’ Compensation claim without it being examined thoroughly by an experienced Social Security Disability lawyer.

Questions about your Work Injury case and Social Security Disability claim? Feel free to contact Illinois Work Injury and Social Security Disability Lawyer Dirk May at 309-827-4371.

How Important are Medical Records to Your Injury Case

Whether you have a work injury case or a Social Security Disability case the medical records will tell the tale of whether you win or lose.

The Arbitrator or Judge will examine the medical records closely to determine how you were hurt, what injuries you sustained, your medical treatment, how your injuries limit your activities.

Make sure that your medical records accurately reflect the reality of your injury and your condition.

Tell the doctor and nurses if you were hurt at work and how it happened.

Tell the medical providers all the body parts that are injured

Tell your doctors how you hurt now and how it bothers your lifting, walking, standing, or use of your hands and arms.

Do you need to elevate your legs throughout the day? Tell the doctor.

Do you need a cane or brace? Tell the doctor.

Make sure that your medical records help your case, not hurt it.

Questions about your Work Injury or Social Security Disability case? Feel free to contact Illinois Workers Compensation and Social Security Disability Attorney at 309-827-4371.

What is the difference between SSDI and SSI?

In order to get Social Security Disability you must have worked and paid enough into Social Security to get your disability.

Current rules require enough paid in credits for 5 of the last 10 years.

Some examples of problems qualifying for SSDI are people who have been out the work force for a number of years, self-employment, or working for a school district or university that does not pay into Social Security.

The advantage of SSDI is that you are typically paid more money per month than SSI, there are no limits on the assets you can possess, and you can work part time up to a set amount without penalty.

You should apply for Social Security Disability as soon as you determine you can no longer work. This will prevent you from missing out on important SSDI benefits because you waited too long to file.

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

Disability Denials: Congressman wants investigation

https://www.tennessean.com/story/news/2019/06/05/social-security-disability-benefits-gao-investigation-rep-john-larson/1359732001/

Click above to read.

Social Security hires doctors to review a large number of people applying for disability. The quality of the reviews was the subject of a newspaper investigative report in Tennessee. This happens in every state.