Weddell & Haller, P.C.Colorado Springs and Southern Colorado Workers' Compensation Attorneys | Colorado Workers Comp Lawyers | Coloradp Springs Social Security Disability Lawyers2023-12-05T05:46:32Zhttps://www.weddellandhaller.com/feed/atom/WordPress/wp-content/uploads/sites/1102973/2022/12/cropped-wh-site-icon-32x32.pngOn Behalf of Weddell & Haller, P.C.https://www.weddellandhaller.com/?p=495002022-02-27T02:58:53Z2022-02-27T02:58:53Zyou might qualify for Social Security disability. But before you can collect payments, the Social Security Administration (SSA) needs to verify your condition.
The SSA uses the Blue Book, which contains a listing of impairments, to determine if an injury or illness qualifies for Social Security disability.
The sections of the Blue Book
There are two parts to the Blue Book. Part A notes all injuries and illnesses related to adults, while Part B focuses on children. Conditions included in the Listing of Impairments are debilitating to the point of being unable to perform meaningful tasks. Each part splits into subsections, each containing information about a specific system in the body. These include, but are not limited to:
Muskuloskeletal
Endocrine Disorders
Neurological
Hematological Disorders
Cardiovascular
Respiratory
The individual impairment listings
The list sets out to define the levels of severity for each impairment. The SSA may not consider your hardship severe enough to receive compensation. If they did include your ailment, you still need to verify the condition. Each entry will note specific tests and exams you need from your doctor.
If you cannot find your condition in the catalog, do not despair. You may qualify under a closely related entry or combination of ailments. Furthermore, you may still be able to prove disability for disorders not noted in the listing of impairments.]]>0On Behalf of Weddell & Haller, P.C.https://www.weddellandhaller.com/?p=494972022-01-04T20:16:17Z2022-01-04T20:16:17Zmore than 2.5 million such cases, according to the U.S. Bureau of Labor Statistics. Fortunately, many of these sick and injured workers were eligible for workers' compensation benefits to help them manage their recoveries.
If you suffer a workplace injury or illness, you may have medical bills and other expenses you simply cannot pay. To boost your chances of receiving workers' compensation benefits as quickly as possible, you should collect relevant information.
At the time of your injury
It is advisable to save as much evidence as you can about your injury or illness. At the time of the accident, if possible, you should take some photographs of the scene and your injuries. You should also talk to any witnesses at your workplace who may have seen the accident or know about it.
Additionally, you probably want to keep documentation that proves you were at work when the accident occurred.
During your treatment
Even if you think you have emerged from a workplace accident unscathed, it is wise to ask a doctor to examine you. After all, some symptoms may not show up immediately. During your treatment, you should keep all medical records. These may include test results, prescriptions, your doctor's orders and therapy reports.
Furthermore, you should maintain a record of all relevant correspondence you have with your employer and treatment team. Ultimately, while it may be difficult to maintain good records throughout your recovery, keeping a detailed file helps you minimize workers' compensation delays.]]>0On Behalf of Weddell & Haller, P.C.https://www.weddellandhaller.com/?p=494922021-11-11T16:35:59Z2021-10-28T18:23:12ZAbout the application
When you file a claim for SSDI benefits, you complete an application, which you will submit to the SSA along with additional paperwork. A phone or online interview will follow. You can help yourself by providing as much documentation about your symptoms as possible and explaining how your disability affects your daily life. You can add your doctor’s notes to your claim as well as records of the medications you take.
Different offices and responsibilities
Your claim for SSDI benefits will go through the SSA field office and a state agency known as the Disability Determination Services (DDS). Field offices are responsible for verifying your age, marital status, employment, and Social Security coverage. Once the field office has reviewed your claim, it goes to the DDS. This agency is in charge of developing medical evidence that supports your claim and for making the initial determination as to whether you are disabled or blind.
The onset date is important
An application for SSDI benefits contains questions about the “onset date.” This is the date you became unable to work due to your illness or injury and will determine the amount of back pay you can expect to receive. Establishing the onset date is one of many steps you can take. With legal guidance, you can complete the application according to SSA requirements and file your claim for benefits with confidence.]]>0On Behalf of Weddell & Haller, P.C.https://www.weddellandhaller.com/?p=494802022-12-23T13:34:10Z2021-08-25T14:59:45Zworkers’ compensation claim, you will deal with multiple parties who will help with the process. Familiarize yourself with a few of these key players to ensure you can manage your claim effectively.
The injured worker
In a workers’ compensation case, other parties and official documents will refer to you as the claimant. The claimant in these cases is the person seeking workers’ compensation benefits or interested in receiving them.
The employer
Your employer must cooperate with the insurance company to file your workers’ compensation claim. You must notify your employer of the accident as soon as possible after it happens.
The insurance adjuster
A claims adjuster is a professional who works for the workers’ compensation insurance company and reviews any claims. If you ever need to speak with the insurance company, you will reach out to your claims adjuster.
The Division of Workers’ Compensation
According to the Colorado Department of Labor and Employment, the Division of Workers’ Compensation oversees healthcare providers, employers, injured workers and anyone else involved with the workers’ compensation system. The insurance provider and this official organization are separate entities.
Navigating the claims process after you get injured at work can be overwhelming. Knowing who will impact your case can help you move forward with the process and successfully receive workers’ compensation benefits.]]>0On Behalf of Weddell & Haller, P.C.https://www.weddellandhaller.com/?p=494772021-07-05T17:43:02Z2021-07-05T17:43:02Zworkers' compensation in Colorado is a no-fault system. That means that even if safety violations or other actions on the part of the worker caused the injury, he or she can still collect workers' compensation.
Seeking medical care
Employees should seek immediate medical assistance after a workplace injury. They can visit the closest hospital in an emergency. In a non-emergency situation, they must choose from the employer's list of approved workers' compensation providers. Otherwise, workers' compensation will not pay for the unapproved expenses.
Providing employer notification
Workers have four days to give their employer official notification of a work-related injury. After doing so, they must file form WC 15 with the state within two years to claim workers' compensation benefits.
Depending on the extent of the work injury, Colorado employees may be eligible for coverage for medical expenses related to the injury, lost wages, and temporary or permanent disability. The state calculates disability payments at two-thirds the worker's average weekly wage in the year prior to the injury.
Colorado workers' compensation benefits are available to injured workers regardless of fault. The program covers most employees in the state with limited exceptions. Even if a company fails to purchase workers' compensation insurance, an injured employee can potentially qualify for state benefits. Workers who receive a denial of benefits can appeal their case through the state Division of Workers Compensation.]]>0On Behalf of Weddell & Haller, P.C.https://www.weddellandhaller.com/?p=494722021-04-30T17:05:52Z2021-04-30T17:05:43Z2.8 million nonfatal injuries and illnesses took place in private industry.
However, a survey from the Committee of Education and Labor found that the Survey of Occupational Injuries and Illnesses fails to reflect approximately 69% of such incidents, so the real number is actually considerably higher. It is important to report even the smallest of injuries incurred at your job because not doing so may lead to unintended consequences.
1. Your injury may be more severe than you initially thought
Even wounds that do not appear to be immediately serious may become worse if not treated in a proper and timely fashion. For instance, scrapes and cuts may become infected, resulting in long-term repercussions such as missing work. An injury that does not display visible signs of a critical condition may still be dangerous. Only a trained medical professional is capable of accurately determining the actual severity of one.
2. There is a deadline you have to file by
You may not wait three weeks to develop more severe symptoms and then report your injury. Colorado law requires you to tell your employer about it in writing within four working days of when you suffered it.
3. Reporting your injury creates documentation
Proper documentation helps ensure you receive your benefits. Not having it may lead to the insurer denying your claim.
Filing a workers' compensation claim involves many elements. Reporting even the smallest of wounds immediately may ease the process and prevent rejection by an insurance adjuster.]]>0On Behalf of Weddell & Haller, P.C.https://www.weddellandhaller.com/?p=494672021-03-08T17:58:38Z2021-03-08T17:58:27ZSocial Security disability benefits in a timely manner, review the following reasons the SSA denies disability claims.
Incomplete application
It is important to provide as much information as possible on your SSD application. Missing and inaccurate information, grammar and spelling issues are common issues that result in denials because they lack sufficient information for proper evaluation. Missing or irrelevant information can also cause delays in processing or a lower SSD benefit award.
Income is too high
The Social Security Administration uses a substantial gainful activity (SGA) limit to mandate the amount of income you can have while receiving benefits. Your disability may prevent you from performing your usual work duties but may not impede your ability to work in a lesser capacity. You can work while receiving SSD benefits as long as your income does not exceed the SGA.
Lack of cooperation
The SSA requires applicants to follow through on all necessary medical treatments that are necessary to rehabilitate their conditions, such as ongoing therapy or surgical procedures. However, there are exceptions for missing medical appointments that include a lack of financial resources, religious beliefs and certain mental health symptoms.
]]>0On Behalf of Weddell & Haller, P.C.https://www.weddellandhaller.com/?p=494642021-01-15T16:14:28Z2021-01-15T16:14:18ZSocial Security disability benefits more efficiently.
What are the mental health categories?
The Blue Book covers several mental disorders: autism, affective disorders, anxiety disorders, organic mental disorders, somatoform disorders, substance addiction, schizophrenia, mental retardation, psychotic disorders and personality disorders.
The diagnostic methods outlined in the book the SSA utilizes are not the same as your doctor uses, so do not feel alarmed if you qualify for something different than what you believe you have.
What is the disability claims process?
You must meet the criteria listed under the disorder in order to qualify for Social Security disability benefits for any of these mental conditions. Alternatively, you can show with medical evidence that the total of all your disabling conditions is comparable to what the Blue Book lists. As part of your application, the SSA requires that you show you continue to get medical help and you fully comply with your prescribed treatment, even during the application process.
After you file the appropriate documentation, you will need to wait about three to five months to find out if the SSA accepted your disability claim. With an accepted claim, the SSA pay your benefits (plus any retroactive benefits) immediately. If the agency denies your claim, you can appeal this decision and appear before a judge.
Overall, the SSA includes many different mental disorders in their Blue Book, so you may qualify for Social Security disability with your condition.
]]>0On Behalf of Weddell & Haller, P.C.https://www.weddellandhaller.com/?p=488482020-11-03T18:01:57Z2020-11-03T18:01:57ZWhy does age matter?
It might seem like age should have no bearing on whether a person is entitled to SSDI benefits. After all, age discrimination is illegal. However, one of the biggest factors that determine whether you will receive SSDI benefits turns on whether you still have the ability to work. While your disability may make it impossible for you to return to your previous job, if you are relatively young, it’s likely you will be able to find employment in another field. Some other factors that are used to determine whether you’re eligible for SSDI include:
The extent of your disability
Your level of education
Your employment history
As a society, we tend to frown on ageism. However, the fact is older people often have a more difficult time finding new jobs. In some cases, older people may have a more difficult time learning new skills. The Social Security Administration recognizes this reality, which is why age is a factor.
Remember, age is only one factor
If you are under 50, your age will count against you in your SSDI claim. However, this fact shouldn’t discourage you from seeking benefits. While age is one factor, it’s not the only factor. Regardless of how old you may be, you should seek help from a legal professional if you are considering applying for SSDI. A skilled legal professional can help you put together the strongest possible claim.]]>0by michael.anhalt@thomsonreuters.comhttps://www.weddellandhaller.com/?p=488442022-12-26T08:45:38Z2020-09-03T19:15:35ZGetting injured while working is far from an enjoyable experience. In fact, it's an experience you may have hoped would never occur. If the injury is serious enough, you'll likely get some time off, but it won't be a vacation. You'll be facing recovery and a legal situation to receive your workers' compensation benefits. Some injuries will have quick recovery times, others may take weeks or months, and some result in permanent disability.
This isn't to scare you, but tell you the truth about workplace injuries and to tell you that you have every right to be heard and compensated for your injury. There are steps you can and should take (if you are physically able) after being injured to increase the possibility of receiving fair compensation toward your recovery costs and other necessities. If you cannot take these steps unassisted, have someone help you as they are vital to your claim's success.
1. Collect evidence
If your body allows you to after your injury, document what's around by taking pictures and video, or ask your co-worker to help. An eye-witness account would also benefit you. To get a worker's comp claim approved, you must prove the employer's negligence caused your injury. Any justified evidence will help your case.
2. Report the injury to your employer
Employers may try to take advantage of your procrastination and cite your reporting delay when denying the claim if you don't alert your employer of the injury promptly and be detailed.
3. See the doctor as soon as possible
To gain an accurate representation of your injury's severity, see a doctor quickly after the accident. Make sure they understand that this injury happened at work and that they write down how it happened. Ensure your story matches each time you tell it as changing small details, even unintentionally, could hinder the chances of an accepted claim.
4. Store all records
Any document or piece of information related to out-of-pocket medical expenses, miles traveled costs, and workdays missed should be stored and be ready for deployment.Lastly, hire a workers' compensation attorney and file a claim—the legal world of workers' comp is complicated. Many employers and their insurance companies may use every tactic in their book to try and deny the claim. This isn't true with all companies as some want to help their employees recover, but it does happen. No matter the course, facing this legal battle alone would be tough to handle and understand. Also, be aware that if your claim is initially denied, the likelihood of an appealed and converted claim is decent, and you may end up with more compensation than you were originally seeking.]]>0