Lawyers Blog Blog,Legal Should I Consult With a Lawyer?

Should I Consult With a Lawyer?

March 20, 2019March 20, 2019 | David J. HernandezDavid J. Hernandez | 0 Comment | 2:55 pm
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You know you qualify for social security disability benefits. For instance, you worked in jobs that paid into the social security system. You also have a medical condition that meets the social security administration’s (SSA) of a disability. However, you still need to consult with a disability lawyer before applying. For example, a lawyer will evaluate your claim, medical records and request medical tests that will further help your case.

Even though you know you’ll qualify for disability, there are some cases where you will be denied. There could be reasons why you are denied such as:

  • You made too much money. The SSA considers a “substantial gainful activity”, or SGA, which means that your income is too high to be disabled. In 2014, the SGA limit for people who aren’t blind was $1,070.
  • Your medical condition won’t last long. You must have severe impairment that lasts at least 12 months.
  • You didn’t follow physical therapy as required unless there is an acceptable medical excuse. If you don’t follow your physical therapist’s orders, it could stop you from receiving disability.
  • The SSA can find you in the system. The Disability Determination Service, or DDS, determines your medical eligibility. If either agency can’t locate you to schedule an examination, you will be denied.
  • You committed fraud by trying to obtain disability benefits.
  • Your disability is caused by a drug or alcohol addiction.
  • You committed a crime that prevents you from collecting social security disability.

So, now you are thinking about reapplying to overturn your denial. You can do this by yourself, but due to various terminology, rules and deadlines, you will need a lawyer. For example, a disability lawyer will know the type of evidence needed to support your claim. In addition, he or she will advise you of the relevant laws and how to proceed with your claim.

You have worked and put money into the system. You are disabled and need that money back to support yourself and your family. You shouldn’t go through the process alone. Instead, you should consult a disability lawyer.

It often takes a couple of attempts before a denial is overturned and you receive your benefits. However, with the help of a disability lawyer, you have a legal warrior on your side to help you. If you are in the Kansas, Missouri or Illinois and need help with any social security disability questions, concerns or assistance.

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Getting Help From A Social Security Disability AttorneyGetting Help From A Social Security Disability Attorney

April 27, 2018April 27, 2018| David J. HernandezDavid J. Hernandez| 0 Comment| 2:38 pm

Having the right help or guidance on a legal matter such as Social Security disability can make the difference between success and failure. So deciding on which legal representative to choose for your case is not a small matter. A lawyer familiar with the legal issue you’re facing can help you navigate the complex legal process and protect you from taking the wrong steps that hurt your chances of success.

For example, if you’re disabled and unable to work, it’s critical that you file a Social Security disability claim, based on disability. An experienced Social Security disability attorney will help you avoid difficulties involved in the filing. Many unknowing claimants encounter hardships simply because they do not have thorough knowledge of the filing process. Your Social Security disability attorney will make sure your filing is done early and correctly.

If you meet the requirements, you may be able to receive social security disability benefits. Even if you have a strong case, your social security disability benefits claim may be rejected because you didn’t file properly. Many social security disability claims do not get approved due to errors in filing which is why it’s recommended that you hire a knowledgeable social security disability attorney like www.parmelelawfirm.com.

Look for an attorney who has a good understanding of of the social security disability process. You obviously want an attorney who is well versed in handling disability cases. A social security disability attorney will essentially handle the entire process for you as he or she guides and advises you.

Social Security disability attorneys can be found in several different listing sources. Look in the Yellow Pages for a listing of lawyers in your area, and search the Internet for lawyers and legal aid clinics. Contact your state’s bar association for a listing of qualified disability lawyers. Talk to friends, family and colleagues to find out if they know a reliable disability lawyer. Many people are happy to recommend a lawyer they have hired if they were satisfied with their service.

There are some legal websites that offer a directory of disability attorneys. You will be able to access their comprehensive profile or background information, allowing you to select the right lawyer. The profiles disclose the attorney’s education, disability experience, and fees. Make sure that any lawyer you’re considering has a valid license.

Check with the Better Business Bureau to be sure that the lawyer is in good standing. You may also read online reviews of disability lawyers, to see what other people are posting about local lawyers. Pay close attention to the ratings given to each lawyer by these people. By checking out reviews of disability lawyers like www.parmelelawfirm.com, you will be able to choose a reputable disability lawyer.

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The Scoop on Common Injuries at WorkThe Scoop on Common Injuries at Work

September 20, 2018September 20, 2018| David J. HernandezDavid J. Hernandez| 0 Comment| 2:44 pm

The workplace is one of the most common places for injuries to occur. According to research, one in five people are injured at work. Thousands of individuals are killed at work and millions suffer serious injuries at work. Injured individuals are generally able to recovery from a workplace injury; however, it isn’t uncommon for some workers to be partially or permanently disabled as a result of the injury. Research also suggests that there are a few particular types of injuries that occur more frequently at the workplace than others, which are as follows:

  1. Musculoskeletal Injuries – These are injuries that affect the neck, shoulders, back and limbs. As a general rule, these injuries are a direct result of overexertion, typing, lifting heavy objects, squatting, kneeling, awkward postures and other typical tasks and motions related to a job.
  2. Repetitive Motion Injuries – Probably one of the most common injuries related to repetitive motion in the workplace is carpal tunnel syndrome, although vision problems, back pain and strain muscles are common as well. Unfortunately, these are injuries that are not as obvious as others, but are very harmful in the end. As a general rule, this is covered by workers’ compensation; however, it is always recommended to seek assistance to be sure, such as at http://legalmedicalassistance.com/.
  3. Slip-and-fall Injuries – Whether from a small object on the floor or a puddle of liquid, slip-and-fall injuries are very common in the workplace. They can lead to severe back, shoulder and neck injuries and can often require surgery. These types of injuries can generally be avoided is debris is picked up quickly and spills are immediately cleaned.
  4. Machine Entanglement – Equipment in workplaces must be upheld to a certain standard. When it is not, employees are at risk of injury. When the proper precautions are not taken in the workplace, fingers, clothing and even hair may become entrapped in the machinery resulting in serious injury, or even death.
  5. Falling from Heights – This type of fall occurs when someone falls from an elevated height, such as from the roof, stairways, ladders, etc. In some cases, it can be from a slip-and-fall accident or even due to defective equipment.

Ensuring one is wearing the proper protective equipment and is trained properly can go a long way in reducing common workplace injuries. However, for those that have been injured at work, there are options available.

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Does the Government Shutdown Effect Workmans Comp?Does the Government Shutdown Effect Workmans Comp?

January 20, 2018January 20, 2018| David J. HernandezDavid J. Hernandez| 0 Comment| 3:05 pm

The recent government shutdown has many people concerned about which programs will continue and which programs will be suspended indefinitely. Workman’s Comp is no different. Many people who receive Workman’s Comp have been wondering if they will still get their benefits or if they will have to find some other avenue of covering a portion of their bills. This is the same question that many individuals are asking who depend on the federal government for employment benefits or assistance of virtually any type. The short answer is that for the time being, Workman’s Comp will continue as scheduled. However, it should be noted that there are no simple answers regarding the government shutdown. There are, however, many gray areas.

Most of the gray areas occur regarding federal employees who are receiving Workman’s Comp before the government shutdown occurred. Private employees who are receiving Workman’s Comp are scheduled to receive their benefits without delay at this time. However, many federal employees who are currently working find themselves either forced off of work until the government shutdown is resolved or they are working without pay. It stands to reason that any federal employee who is currently working and is not being paid can expect not to be paid if they are receiving Workman’s Comp. This is one of the many gray areas that has occurred regarding the government shutdown and many individuals who are directly in the center of this calamity have little knowledge about how they will ultimately be affected.

The other problem is that even more ominous things can happen if the government shutdown is not resolved rapidly. The government will default if the issue is not resolved by mid October. If this is allowed to occur there is a great deal of uncertainty about how many government programs will be affected, including Workman’s Comp. Virtually every individual from federal employees to senior citizens are deeply concerned about whether or not they will receive benefits if the government defaults. Unfortunately, it is largely up to the federal government to decide which programs, if any, will be funded. This means that virtually every individual is at the mercy of the people in Washington to decide their fate. There is also the very real problem of finding a way to fund government programs in the event that there is no money to fund the programs with, which is what will happen if a default is allowed to occur.

In closing, anyone who is receiving Workman’s Comp who is concerned about their ability to continue to receive benefits should contact the Law Offices of Oliver C. Minott with any questions they may have. Having proper legal representation is vitally important at any time, but it is especially important during this time of uncertainty.

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