The Lawrence Law FirmPersonal Injury And Social Security Disability Lawyer Orlando | | The Lawrence Law Firm2024-02-26T20:48:04Zhttps://www.thelawrencelawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1203605/2021/02/lawrence-72x75.jpgOn Behalf of The Lawrence Law Firmhttps://www.thelawrencelawfirm.com/?p=497632024-02-26T20:48:04Z2024-02-23T20:46:41Zunderstand how to appeal to try and reach the desired outcome or receiving benefits.
Know the four levels of appeal
There are four levels of appeal for a denied Social Security Disability application. First, the applicant can ask for reconsideration. The case will be reviewed in its entirety by a person who had no role in the initial application and denial. A benefit of reconsideration is that the applicant can add evidence that can help them prove they should get approved for benefits.
Should the reconsideration result in another denial, the next step is an administrative law judge review. Known as an ALJ, this individual will not have taken part in the first phase of the application process nor will they have been part of the reconsideration. The ALJ can also deny the claim. In the hearing, the ALJ will analyze the case, explain the issues and can question the applicant and their witnesses. Medical experts and others can give testimony in support of the claim.
The ALJ can also deny the claim. For the applicant, the next option is to request a review by the Appeals Council. The Appeals Council is not required to hear the appeal. It can deny or dismiss it. If it does agree to hear the appeal, it can give a decision on its own or send it to an ALJ. There is a chance it could agree with the prior determination.
The last line of appeal is filing a lawsuit in federal court. This is a civil action filed where the applicant lives. If the federal court case is not successful, then the case is over and the claim has been denied.
Disability benefits can be approved even after a denial
It is natural to be fearful and wonder what the future holds after a denied disability claim. Despite that, Social Security Administration strives to ensure people are treated fairly. If they should get benefits, they are wise to continue trying to get them.
When considering an appeal, a fundamental fact to remember is that there are time limits to do so. It must be done within 60 days of receiving the decision. Failing to meet that requirement would mean that the person must show there was a good reason they missed the deadline.
Since these cases are complicated and people might have made a mistake in the application process, it is imperative to know how to adhere to the rules and avoid a denied claim because of a lack of information or other error. At every stage, it is possible to have the denial reversed and get benefits. Knowing the application and appeals protocol can be beneficial to having a good chance at an approval and receiving the necessary Social Security Disability benefits.]]>On Behalf of The Lawrence Law Firmhttps://www.thelawrencelawfirm.com/?p=497622023-12-28T13:06:32Z2023-12-28T13:06:32Zdisabled military veteran in Florida, you may qualify for disability benefits through Social Security Disability Insurance (“SSDI”) and receive disability benefits through the U.S. Departments of Veterans Affairs (“VA disability”).
You can receive disability benefits through both programs. However, you must apply for them separately.
SSDI requirements
There are several differences between the two programs and if you are applying for SSDI, it is important to know what you must show to receive benefits. This can prevent your claim from being denied, which could mean you must wait even longer to receive benefits.
To qualify for SSDI as a veteran you must show:
Your disability prevents you from performing substantial gainful activity at the time of your application
Your disability must last, or be expected to last, at least 12 months or end in death
Your eligibility and monthly benefit amount are not affected by any other program
Several other factors, such as your age, education and work history could impact your eligibility for SSDI benefits as a military veteran. One important point to note about SSDI is that your injury and illness do not need to be due to your military service, although this is a requirement for applying for VA disability.
VA disability
In contrast, when applying for VA disability, your illness or injury must be due to your military service, but you do not need to show that it will last at least 12 months or end in death.
You also are not required to show that your disability prevents you from performing substantial gainful activity and your age, education and work history have no effect on your application.
The waiting time to find out if your application was approved can be quite long. Depending on your situation, you could qualify for expedited processing of your SSDI application.
Your VA disability compensation rating must be 100% permanent and total or you must have developed your disability on or after October 1, 2001, to potentially qualify for the expedited processing.
The application process
It is best to have all your information and documentation ready before you apply for SSDI benefits. You will need basic information such as your name and date of birth, as well as information on marriages, children and employment, education and medical history.
In terms of your military service, you must provide the type of duty and branch and your service period dates.
Once you complete and submit your application, the Social Security Administration (“SSA”) will review the application to ensure you meet the basic eligibility requirements. They will then review your current work activity and forward your application to the appropriate state office.
The time it can take to process an application varies, but a typical wait time is three to six months.
The SSA may contact you if they need more information or documentation so you should keep your contact information updated and check your mail regularly to promptly respond to any communications from them.
]]>On Behalf of The Lawrence Law Firmhttps://www.thelawrencelawfirm.com/?p=497612023-11-03T21:54:11Z2023-10-26T21:16:54ZApproved providers
Most Florida employers are required to carry workers' compensation insurance. This policy is intended to pay for the medical care of any employees who are injured on the job.
As part of this system, employers send their injured employees to approved health care providers who can be paid by the workers' compensation insurance company.
Note that if you need emergency treatment after your injury, you do not have to wait until you find an approved provider. However, it is best if you inform the emergency room staff that your injury occurred at work. This can get the workers' compensation process started.
Also note that your own health insurance policy may specifically refer you to the workers' compensation system if your injury occurred at work.
A second opinion
Approved providers are licensed professionals, and theoretically at least, you can expect them to give you care that is up to professional standards. Still, many injured employees feel that their approved providers do not take their injuries seriously enough. Some disagree with the treatment or their diagnosis, and many feel that an approved doctor is sending them back to work before they feel ready for it.
If you're in this situation, you can change to a different approved doctor. However, you can only change your doctor once in the workers' compensation system.
If you don't like what the second doctor says, your options are limited. One thing you can do is request an independent medical examination with a doctor of your choice. Unfortunately, you will have to pay for this yourself, but it may be worth it to you in the long run.
Learn about your options
There may be a point in your case in which you need to appeal a workers' compensation decision. When that happens, it's a good idea to have legal representation. However, the appeals stage is not the only time when it is useful to have experienced advice. It can be useful to speak with a professional about your options throughout the workers' compensation process.]]>On Behalf of The Lawrence Law Firmhttps://www.thelawrencelawfirm.com/?p=497602023-08-18T16:25:12Z2023-08-23T16:09:44ZRecognize the various kinds of injuries workers can suffer
The National Safety Council provides information about workplace injuries. It found that inrecent years there has been a notable increase in workers being exposed to harmful substances and environments. This can stem from chemicals, heat, electricity, pressure changes and infectious diseases.
Many workers suffer injuries when they overexert themselves. When lifting items, they may injure their backs, pull muscles or tear tendons. Pushing can cause similar damage and strains.
In fact, any type of exertion can lead to injury. This is the reason physically challenging jobs like construction and warehouse work cause so many injuries. These injuries can be sudden or cumulative.
Even jobs in which a worker is doing the same light movements over and over can cause injuries. People who are typing a lot can suffer from carpal tunnel syndrome from repeated keystrokes. This injury can be as painful and long-lasting as one that is more obvious to the naked eye.
Workers also commonly suffer injuries from slipping, tripping and falling. This too can happen in any type of job, physically taxing or not. Simply walking from an office to a meeting room and stepping on a wet spot can lead to a fall and broken bones, head injuries and worse. Workers who need to climb ladders can also fall. Those who are in construction and are stationed at a great height can fall far below.
Another serious type of workplace accident involves being hit with an object, equipment or a vehicle. Workers who are high above might drop a tool on an unsuspecting worker below. This can lead to extensive injuries. Auto accidents are an obvious problem for those who drive for a living or are stationed in the road as is the case with law enforcement, first responders and maintenance workers.
Workers’ compensation benefits might be needed
Although workplace injuries can happen to anyone, the types of injuries as discussed are common workers who are in construction, trucking, warehouse jobs, delivery work and other forms of arduous labor. Losing time on the job not only results in medical costs and rehabilitation, but the injured workers will lose income while they are unable to continue working.
Some injuries can be treated so the worker can get back to the same job they did before. Other people are not so fortunate and they need to cover their lost income and the medical care they are getting. The workers’ compensation process can be complicated with claims denied or disputes as to the severity of the injuries and how long the person should be off the job.
Depending on the circumstances, workers can get temporary benefits or permanent benefits. In these instances, people must be prepared for their case, gather all the necessary evidence, follow the medical instructions and file their claim in a timely manner. Being up to date on how to proceed with a workers’ compensation case and maximizing the benefits is key from the beginning.]]>On Behalf of The Lawrence Law Firmhttps://www.thelawrencelawfirm.com/?p=497432023-06-26T15:05:45Z2023-06-26T15:05:45ZThe basics of PTSD
Among those conditions is post-traumatic stress disorder, often referred to as PTSD. This mental health condition develops after an individual witnesses or experiences a traumatic event. Those who suffer from PTSD are often triggered to have flashbacks and other symptoms including irritability, agitation, destructive behavior, nightmares, and guilt, just to name a few. Most PTSD sufferers also go to great lengths to avoid thinking and talking about the traumatic event, as well as avoiding places and people who remind them of their trauma.
The severity of PTSD symptoms can be severe. A lot of people who suffer from PTSD struggle to find normalcy, and some even develop self-harming behaviors. If you’re in that situation, then you should immediately seek out medical assistance and call the 988 Suicide and Crisis Lifeline.
But even if you’re PTSD symptoms aren’t that severe, they might still be significant enough to disrupt your daily life. In addition to struggling with day-to-day duties in your personal life, your PTSD diagnosis might make it impossible to secure and hold a job. This, in turn, can cause significant financial instability at a time when you need medical care.
What can you do?
Fortunately, those who suffer from PTSD can seek Social Security Disability benefits. If you’re successful on your claim, then you can recover the benefits that you need to stabilize your finances while you seek treatment. Before you can recover these benefits, though, you’ll have to prove that you qualify, which includes providing or documenting the following:
Medical records that show a number of characteristics, including exposure to a traumatic event, re-experiencing that event, avoidance of triggers, mood and behavior disturbance, and increased reactivity.
Extensive limitations in several areas of your life, which may include your ability to remember and understand information, interact with others, and take care of yourself.
Ongoing medical treatment that seems to lessen the severity of your symptoms.
A limited ability to adequately adapt to changes in your environment.
Exactly what you need to show will depend, in part, on the unique facts of your case. That’s why it’ll be beneficial for you to better understand the government’s requirements for a disability showing and how that applies to your set of facts.
Don’t let PTSD control your life
The trauma that you’ve been exposed to will be with you for the rest of your life. Unfortunately, there’s no cure for that. That said, you don’t have to let your condition completely upend your life. You might be able to regain control over certain aspects of your daily living, and pursuing disability benefits is just one avenue available to you.
But if you decide to pursue disability benefits, then you need to be prepared. You should gather your medical records, follow your doctor’s recommendations, and keep a journal of how your medical condition has negatively impacted your life. Hopefully then you’ll be well situated to present the strong legal arguments necessary to secure the benefits that you need.]]>On Behalf of The Lawrence Law Firmhttps://www.thelawrencelawfirm.com/?p=494952023-04-18T23:05:30Z2023-04-18T23:05:30ZWorker injuries continue
The Strategic Organizing Center analyzed data submitted by Amazon to OSHA. The company’s injury rate last year was 6.9 percent, down from nearly eight percent the previous year in 2021. In 2020, the percentage was at 6.6. The results reflected a similar Amazon report in 2022 that revealed the same injury rate for warehouse workers combined with a recordable injury rate of 6.7 percent throughout domestic operations, down from 7.6 percent in 2021.
Simply put, Amazon characteristically ranks higher than its peers when it comes to worker injuries. In 2022, the number of 70 percent higher than competitor warehouses. Much of the blame is focused on the significant pace where productivity is tracked, if not micro-managed, all in an effort to get packages to customers faster than their competitors.
Federal probes launched
Accusations abound of the company stopping probes launched by federal safety regulators citing Amazon for placing workers at risk of failing to document injuries in some of their warehouses. Probes from federal safety regulators, specifically those made by OSHA, cited several Amazon warehouses that put workers at risk or failed to record injuries in some warehouses.
The study also revealed some improvements in the company’s rate of employee injuries at 6.6 per 100 workers in 2022, down from 6.8 in 2021.
Workers are entitled to the highest standards of safety. When companies fall short, workers can lose their livelihoods and potentially their lives.]]>On Behalf of The Lawrence Law Firmhttps://www.thelawrencelawfirm.com/?p=494942023-02-23T16:12:04Z2023-02-23T16:12:04Zfour levels of appeal and what can be done to achieve a better result.
What are the four levels of appeal for a denied SSD claim?
After a claim has been denied, the applicant can first lodge an appeal through reconsideration. With reconsideration, the entire case is reassessed by someone who played no role in the case beforehand. The evidence can be analyzed with a fresh eye and if the applicant has new evidence, they can add it to the case.
A common reason for denial is that the Social Security Administration determines that the applicant does not have a qualifying condition. If that is the case, it will be sent to the Disability Determination Services to review it. When the appeal is over a non-medical factor, the local office will oversee it.
If the claim is again denied after reconsideration, the next option is a hearing before an Administrative Law Judge. The ALJ will not have taken part in any aspect of the case before this. This person can approve the claim or again deny it.
The third option is having a hearing before the Appeals Council. With the Appeals Council, there is no guarantee that they will even agree to hear the case. If they do agree to review it, they can make a new decision or send it back to the ALJ. Finally, the last resort is a Federal Court review.
Many people who are eventually approved for disability benefits were denied at some point in the claim. There are many reasons why a claim could have been denied. Perhaps the medical information was insufficient, there was a simple clerical misstep or the Administrative Law Judge made an unfair determination. Exploring all options can be effective, but it is wise to have professional help.
SSD applicants do not need to simply accept a denied claim
Florida residents can improve their chances if they have professional assistance when seeking Social Security Disability benefits. This is true from the outset of the claim as the case is being prepared and all the evidence is being gathered and throughout the process – including the four levels of appeal.]]>On Behalf of The Lawrence Law Firmhttps://www.thelawrencelawfirm.com/?p=494932022-12-21T13:21:49Z2022-12-27T13:16:11Zveterans who suffer disabling injuries or suffer from disabling medical conditions. That’s why if you’re in a position where you’re unable to work, you need to know how to build your case.
What conditions qualify for Social Security disability benefits?
There are a lot of medical conditions that qualify for disability benefits. Some of them are related to concentration and focus, while others are related to catastrophic injuries. You may even qualify for disability benefits if you’re having trouble sleeping, as is often the case with those who suffer from post-traumatic stress disorder.
How do you go about proving that you qualify for disability benefits? You may want to turn to each of the following for assistance:
Medical records: Your medical records may show the extent of your injury or illness and your need for ongoing treatment. They can also be indicative of how long your condition is expected to last, which can be key to your claim. Just make sure that you’re following your doctor’s recommendations.
Your employment records: These records will show whether you have the requisite work history to qualify for disability benefits. It will also demonstrate whether your income is below the threshold to acquire SSD benefits.
The disability bluebook: Every disabling medical condition has its own qualifications that the patient must meet before obtaining disability benefits. Therefore, before you proceed with your claim, you’ll want to review the requirements for your condition and gather evidence that speaks to each element.
Do veterans receive any preferential treatment?
They do in some regard. For example, veterans who suffered a disabling condition while on active duty after October 1, 2021, can have their claim expedited. The same is true for those who have a 100% permanent and total disability rating from Veterans Affairs. Disabled veterans can also receive additional help when it comes to working toward employment or even starting a business.
In other words, as a veteran, you can get a lot of support as you try to find a way to cope with your disability. You just have to know where to turn for help and how to effectively navigate the process. That can be difficult to do, especially when you’re just trying to get by on a daily basis.
That’s why legal teams are here to help
If you’re facing a tough situation because of your disability, you need to carefully consider seeking the disability benefits to which you might be entitled. The process can be fraught with complicated legal issues, and you don’t want to jeopardize your claim. That’s why you might want to discuss your circumstances with an attorney who is able and willing to fight for what you deserve.
To learn more about what the disability claims process can do for you and how an attorney may be able to help, please research your representation options and consider reaching out to those who you think are best for you under your circumstances.]]>On Behalf of The Lawrence Law Firmhttps://www.thelawrencelawfirm.com/?p=494912023-07-19T17:14:28Z2022-10-27T23:03:58ZYour employer chooses your doctor
If you wish to receive workers' compensation benefits, Florida law requires you to receive an evaluation by the doctor your employer (or your employer's insurance carrier) chooses for you.
There are some exceptions to this requirement. For instance, if your injury means you need emergency medical care, the law won't make you stop and ask your employer who to see.
What if you think the doctor made a mistake?
The doctor chosen by your employer is supposed to give you their professional opinion of your injury and whether you are ready to return to work. However, sometimes injured workers think the employer's chosen doctor is downplaying their injury and telling them to return to work before they are ready.
If you think you think the doctor in your case has made a mistake, there are several steps you can take. First, simply ask the doctor about getting a second opinion. They might approve of the idea.
If the doctor won't approve of you getting a second opinion, the workers' compensation system allows you to make a "one-time change of doctor" request. As the name suggests, you can only do this once for any claim.
If you have gone through the steps above and you still disagree with your diagnosis, you may pursue another opinion, which is called an Independent Medical Evaluation. You must still get approval of the doctor through the insurance provider and you will have to pay for the associated costs.
How lawyers may help
Many workers' compensation claims go smoothly, but many do not. Injured workers who are having trouble with their claims may seek out help from attorneys with experience in workers' compensation law. Lawyers can advise them of their options and represent them in hearings if necessary.]]>On Behalf of The Lawrence Law Firmhttps://www.thelawrencelawfirm.com/?p=494892022-08-26T15:32:41Z2022-08-26T15:32:41ZWorkers’ compensation and the independent medical examination
One aspect of the workers’ compensation process that tends to give injured workers a headache is the independent medical examination. In many instances, the insurance company requires you to be examined by a medical professional of its choosing. The purpose is for the insurance company to obtain what it thinks is a more objective assessment of your medical condition and your prognosis. The examination tends to analyze how your injuries affect your ability to work.
Why the independent medical examination is important
The outcome of this examination can be crucial to the outcome of your workers’ compensation case. In many instances, the opinion of the doctor who conducted the examination can tip the scales one way or another. This means that the impartiality and selection of the independent medical examination provider can be key to your case.
How the independent medical examination provider is selected
You’ll want to do everything you can to ensure that the doctor who conducts your independent medical examination is appropriate and truly impartial. That may be difficult to do, but Florida law does give you some protection. This is because both you and the insurance company have the ability to request an examination and, therefore, select an independent medical examination expert. It just depends on who requests the examination.
However, keep in mind that if you request the examination, then you may be responsible for paying the fees associated with that examination unless you succeed with your claim, at which time the insurance company should reimburse you.
Can you change the examining doctor?
It depends on the circumstances. But if after selection of the medical professional you discover that the doctor’s qualifications don’t fit the injury that is in question in your case, or that doctor no longer practices in the specialty area that was initially applicable, you may be able to successfully seek a change of doctor. You and the insurance company can also agree to a change in provider, but you shouldn’t count on the insurance company agreeing to what you request.
Dealing with the medical examiner’s opinion
It may seem like the opinion of the medical examiner is the be all and end all of your claim. But that isn’t necessarily true. You might be able to offset that provider’s opinion with your own doctor’s opinion, your own medical evidence, and even issues with how the independent medical examination played out. Your testimony and the testimony of other medical experts could be key to your case.
As you can see, there are a lot of moving parts to your workers’ compensation case. If you’d like to learn more about how to successfully address each of them, now may be the time for you to reach out to an experienced legal professional to begin the conversation.]]>