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jervalaw jervalaw (749)
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23 Articles Total


Effort to Change Virginia's Workers' Compensation Death Presumption Fails Virginia has a rather peculiar workers compensation law. If the worker is found dead at the scene of his/her accident, the worker's accident is "presumed" to have arisen out of his work. However, if the worker lives for even a few minutes after... ( added 2 days 1 hour ago.)
How to Value a Workers Compensation Claim? (a Virginia Lawyer's perspective) You are injured at work and you are unable to return to that job due to the injury. The insurance company contacts you and wants to "settle" your claim. You wonder what a reasonable value is for your claim? These are some of the factors you need... ( added 2 days 2 hours ago.)
Effort fails to change Virginias Workers Compensation Death Presumption Law Virginia has a rather peculiar workers compensation law. If the worker is found dead at the scene of his/her accident, the worker's accident is "presumed" to have arisen out of his work. However, if the worker lives for even a few minutes after... ( added 83 days 1 hour ago.)
Impaired by a Stroke: Is Social Security Disability Available for this? A stroke can result in a serious impairment. However, it is not necessarily disabling. Social Security has a strict set of guidelines regarding strokes. Social Security will consider your remaining functional capacity for work after your stroke.... ( added 1 year 169 days ago.)
Lupus: Is Social Security Disability Benefits Available for this Impairment? Lupus is a disease that affects the nervous system. For many, it is a mild disease but for others it is disabling. Social Security has a set of Impairment Listings. "Lupus" is distinguished by having a Social Security Impairment Listing in the... ( added 1 year 179 days ago.)
Virginia Workers Compensation Attorney: Is One Necessary? Some situations require consultations with an experienced Virginia Workers Compensation attorney. In my 30 years of experience as an attorney, these aspects of a case require at least a consultation with a lawyer if not representation. ACCIDENT :... ( added 2 years 54 days ago.)
Social Security Disability & Why the Vocational Expert Could Win or Lose the Case This is why the Vocational Expert is important at a disability hearing. Mr. Smith came to me after he has lost his Virginia Social Security disability hearing. He said there was some "doctor" at the hearing. This "doctor" said Mr. Smith could... ( added 2 years 87 days ago.)
Winning a Virginia Workers Comp Hearing If your claim has been denied by the insurance company, the Virginia Workers' Compensation will schedule your case for a hearing in front of a Deputy Commissioner. You will have 60-120 days to prepare for the hearing. This is what you need to... ( added 2 years 97 days ago.)
Appealing a Social Security Disability Denial to Federal Court (In Virginia) Even if you lose your case for disability before the Social Security Judge and the Appeals Council you can take your case to the US District Court. I have had success in overturning Social Security's adverse decisions in Federal Court. 1. In a... ( added 2 years 191 days ago.)
How I Won Mr. Smith’s Virginia Social Security Disability Hearing The Problem: I have won many Social Security Disability Hearings but Mr. Smith's case presented some special problems because of his education and prior work experience. Education: Mr. Smith had a college degree and a graduate degree. Thus, he was... ( added 3 years 23 days ago.)
How SSI & Social Security Disability Differ (A Virginia Lawyer's Perspective) Social Security Disability (sometimes called SSDI) and SSI are confused by many people. I have been a Virginia Disability Lawyer for over 30 years. None of my clients know the difference between the programs. These are the most important... ( added 3 years 89 days ago.)
Can You Get Both Social Security Disability & Workers' Compensation in Virginia? You are disabled and you are on Workers' Compensation in Virginia for your work place injury and you want to also obtain Social Security Disability for this injury. This article addresses whether this is possible. Social Security Disability is... ( added 3 years 104 days ago.)
Partially Disabled: What Happens Next on Your Virginia Workers' Compensation Claim? You have a work place injury on the job. It prevents you from doing your old job and you have a partial disability. Do you still receive compensation for this comp claim under Virginia Law? PARTIAL DISABILITY : This can take many forms. You may... ( added 3 years 139 days ago.)
5 Most Important Virginia Social Security Disability Factors In my 30 years of experience representing claimants in social security disability hearings, I have concluded there are five factors that are significant in almost every case. These are the factors one should consider when applying for disability.... ( added 3 years 141 days ago.)
After A Back Injury in Virginia, Can You Get Social Security Disability? A back injury can result in a serious impairment. However, it is not necessarily "disabling." Social Security has a strict set of guidelines regarding back injuries. Social Security will consider your remaining functional capacity for work after... ( added 3 years 237 days ago.)
How to get a Good Virginia Workers' Compensation Settlement When you suffer a work place accident in Virginia, you will probably be eligible for workers' compensation. At some point the insurance company will approach you and ask you if you are interested in a settlement. How much money should you settle... ( added 3 years 261 days ago.)
10 Social Security Disability Mistakes To Avoid When Filing a Claim In 30 years of Social Security Disability Practice in Virginia, I have seen the same mistakes over and over again. These are the ten (10) mistakes a claimant should avoid when applying for Social Security Disability. 1. YOU MUST APPLY FOR... ( added 3 years 289 days ago.)
Mental Stress: Can I receive Virginia Workers' Compensation? In my 30 years of practice as a Virginia Workers Compensation Lawyer or Attorney, I have had many claimants contact me and say my work or my supervisor is causing me mental stress. Many times these claimants have gone to a psychiatrist or a... ( added 3 years 336 days ago.)
What happens at a Social Security Disability Hearing in Virginia? You have gone through the initial denial for Social Security Disability and you have gone through the reconsideration. The next step in the appeal process is the hearing before a Social Security Judge. What happens at this hearing before the... ( added 3 years 342 days ago.)
After a Heart Attack: Can I get Social Security Disability? A heart attack can result in a serious impairment. However, it is not necessarily disabling. Social Security has a strict set of guidelines regarding heart ailments. Social Security will consider your remaining functional capacity for work after... ( added 3 years 342 days ago.)
Can I Appeal my Virginia Workers Compensation Denial? You have a work place accident on the job in Virginia. You are injured and you incur medical expenses. You submit your claim to your employer's insurance company and your claim is denied. You wonder if you can appeal this comp denial. This is the... ( added 4 years 14 days ago.)
Obesity: Can I get Social Security for this impairment? Social Security has a set of Impairment Listings. At one time "obesity" had an impairment listing. Thus, if the applicant was of a certain height and weight, then the applicant received Disability. For example, if you were 5'2" and 300 pounds... ( added 4 years 93 days ago.)
Fibromyalgia: Can I Get Social Security Disability? Social Security has Impairment Listings for Heart Ailments, Back Ailments, etc. Fibromyalgia is not found among the Impairment Listings. Thus, an applicant cannot obtain a favorable disability "Impairment Listing" ruling because Fibromyalgia is... ( added 4 years 93 days ago.)



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