As a Workers Comp & Social Security Disability Lawyer in Virginia I would like you to know the latest news on Virginia Workers Compensation Law & Social Security Law for workers comp and disability claims in Richmond, Virginia.
VIRGINIA WORKERS COMPENSATION NEWS
New Compensation rates: Max: $816.00 Min: $204.00; please note these changes were effective July 1, 2007. COST OF LIVING: 2.45% payable on October 1, 2007. Contact us if you have not received your increase after that date.
A new mileage reimbursement rate went into effect on October 1, 2005. The old rate of 22 cents a mile was replaced by a new rate of 32.5 cents per mile. On October 1, 2006 another new rate went into effect of 44.5 cents a mile . Thus, the Commission is now recognizing the high cost of fuel. This is the reimbursement rate for trips to doctors and for any job search trips required as part of vocational placement.
SEVEN (7) WORKERS' COMPENSATION MISTAKES TO AVOID
1. Failure to report your accident to a supervisor as soon as it happens.
2. Failure to report a specific incident which caused your injury.
3. Refusal to accept a Light Duty Job that is within the restrictions set by the treating doctor.
4. Providing a recorded statement to the insurance adjuster without contacting an attorney experienced in workers compensation law.
5. Failure to request a panel of 3 doctors after you are injured from the emplorer/insurer.
6. Settling your workers' compensation case without contacting an attorney/specialist in worker's compensation cases.
7. Failing to consider the impact a workers compensation settlement will have on your Social Security Benefits.
If you have any questions about your Virginia Workers Compensation claim, you need only call "Jerry" for a free consultation.
THE VIRGINIA WORKERS' COMPENSATION WEBSITE:
SOCIAL SECURITY NEWS (some 2008 updates)
The 2008 Cost of Living Adjustment will be 2.3% and will mean that much of an increase for January 2008 checks.
At age 65 no reduction for earnings
Substantial Gainful Income Threshold for 2008 is $940.00 per month; thus, if you make over this you are automatically ineligible for that month unless you are on a trial work period.
SSI NEWS FOR 2008
Maximum for individual is $637.00 per month for 2008 and for two is $956.00 per month for 2008
SEVEN (7) SOCIAL SECURITY DISABILITY MISTAKES TO AVOID
1. Assuming SSA will approve your claim on your initial application. Social Security denies 75% of inital claims.
2. Assuming you don't need an attorney. The winning percentage for claimants at the Administrative Law Judge Hearing level is 60% with an attorney.
3. Assuming a simple statement from your doctor stating you are "disabled" will be enough to win your case. Social Security will not accept a "disability" statement from a doctor. Social Security will accept a detailed explanation from your doctor stating why you are disabled backed up by test and treatment records.
4. Assuming any attorney can help you on a disability case. Many attorneys will take disabilty cases but only a few specialize in this area. Like any other area, you need to find the specialist.
5. Assuming chiropractors and other health care professionals such as therapists can win y ur case for you. It is important to have a medical doctor support your case. It is lmost impossible to prevail on a disability case without a medical doctor on your side.
6. Filling out activity statements for Social Security without advice. At each step of the Social Security process you are asked to fill out activity statements. If a judge wants to deny your case, he can often find statements if activity statements that are inconsistent with disab lity such as: I take my child to school, I go fishing, I go shopping, I drive 100 miles a month, I go to the movies, I go to Church, etc. IF YOU CAN DO THESE ACTIVTIES THEN THE JUDGE MAY THINK YOU CAN WORK!!!!
7. Remember if you are receiving Social Security Disability, you can have up to $860.00 in gross income in 2005 before it will be considered disqualifying income; however, this income also could trigger a review of your disability status. If you are on SSI, then any income normally will reduce the amount of your SSI check.
8. If you have any questions about getting disability, you should call "Jerry" now!
Visit our other newly revised website at: www.virginiadisabilitylawyer.com.
