Virginia Workers’ Compensation and Social Security Disability Attorney
Rated “ONE OF THE BEST”in Central Virginia*
with over 35 years of experience.
Contact me for a FREE EVALUATIONregarding your Virginia Workers’ Compensation accident, claim, denial, injury, disability, or settlement:
- by filling out the Quick Contact panel on the right, or
- by calling(804) 335-0268
Electrician Wins Virginia Work Comp Settlement for Over $270,000
Mr. Beachy was working on a catwalk for his company at an old warehouse in Henrico County. He had to use a bandsaw to cut some tubing over his head. The bandsaw kicked back, mangling his right index finger. Mr. Beachy is right handed and has been an electrician for over 30 years. He could no longer run wire and do the tough tasks that an electrician does. At age 57, it is tough switching occupations. Mr. Beachy retained me to assist with his Virginia workers’ compensation claim. I was able to show through vocational and medical evidence that Mr. Beachy could no longer work as an electrician. Finally, the insurer agreed and we reached a settlement of over $270,000. Mr. Beachy hopes to take the money from the settlement and start a new career.
TOP REASONS WHY SOCIAL SECURITY WILL DENY YOUR DISABILITY CLAIM Based on my 35+ years of practice, these are the top reasons why claimants are denied for Disability at the initial level.
- Failure to pay into Social Security – If you have been a housewife or have been self-employed and not paid Social Security taxes, for example, then you may not be eligible for Title II Social Security Disability Insurance (SSDI). If you have worked on and off, have been paid under the table, or it has been over 5 years since you last worked, then you may not have enough work quarters/credits to be eligible for SSDI.
- Still working – Even if you are only working part-time or you are having difficulty working, the fact that you are still working is a strong indicator that you are not disabled according to Social Security. If your countable income is more than a certain amount called “Substantial Gainful Activity” (SGA), you are not eligible for Disability benefits. SGA for 2016 is $1,130 per month.
- Too young – Social Security considers everyone under age 50 to be “younger individuals.” It is not enough for “younger individuals” to prove they cannot perform their past relevant work. “Younger individuals” must prove with written doctor support that they cannot sustain gainful employment at ANY type of job as normally performed in the national economy, even low stress light duty work.
- Temporary disability – Your disability must last (or be expected to last) at least 12 straight months. For example, if you had an operation or a stroke and you are unable to work but you recover within a year, you do not have a valid Disability claim.
- Unemployment compensation – In order to receive unemployment compensation, you must certify you are “able to work” and show you are looking for work. Most Social Security judges consider unemployment compensation to be inconsistent with a disability claim.
- Non-severe impairment – You must have a significant medical problem. Age is not enough, and inability to find work is not enough. If you do not have a “severe” impairment, Social Security will claim you can “adjust to other work” and your claim will fail. Generally, you must have an impairment that requires doctor’s care and adversely impacts your daily activities.
If your disability claim has been denied, contact an expert Social Security Disability attorney immediately because there is a strict 60-day deadline to appeal.
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* Rated by Richmond Magazine as one of the best Workers’ Compensation attorneys in
Central Virginia in a survey of 2,000 lawyers in the July 1999 issue.
The Virginia Workers’ Compensation and Social Security Disability Law Office of Gerald G. Lutkenhaus, located in Richmond, Virginia, is pleased to represent clients in:
Greater Richmond (including Bon Air, East End, Fan, Short Pump, West End), Amelia, Amelia Courthouse, Ashland, Burkeville, Caroline, Charles City Courthouse, Chester, Chesterfield, Colonial Heights, Crewe, Dinwiddie, Farmville, Glen Allen, Goochland, Hadensville, Hanover, Henrico, Hopewell, Jetersville, King William, Mechanicsville, Midlothian, Montpelier, New Kent, Nottoway, Petersburg, Powhatan, Prince George, Quinton, Rockville, South Hill, Sutherland, Warsaw, and Williamsburg.