If you’ve filed for Social Security Disability, it can be devastating to find out your claim has been denied. Especially if you believe your claim has been denied unfairly. But denial is not necessarily the end of the road. There are steps you can take to appeal this decision. At this point, however, you might be wondering: Is it really worth the effort? What are my chances of winning an appeal?
Unfortunately, it’s impossible to say for certain. Every situation is different; therefore, there will be factors and variables that affect everyone’s chances differently. Let’s look at a few statistics. When an appeal claim is at the reconsideration level, there’s an 85% chance it will be rejected. At the hearing level, there’s a 50/50 chance a claim will be rejected. However, there are things you can do to increase your chances. For one, hiring an attorney will increase the chance of your appeal succeeding.
There are many factors that are taken into consideration when reviewing your case — such as whether or not your condition has worsened over time. They will also likely look at whether or not you’ve been following the proper procedures. For instance, did you let Social Security know of any changes to your condition when you filed your appeal? Have you been keeping your files up-to-date, and making notes of appointments and procedures? Have you complied with all requests made by the Disability Determination Services?
It is important to make sure that you are keeping your records up-to-date, and an attorney can help make sure that you’re staying on the right track. The presence of an attorney can increase the chances of your appeal succeeding, but it’s also a good idea to work with an attorney because we can help you navigate your claim and make sure that you’re doing everything to receive the benefits that you deserve.
Every year, North Carolina keeps track of how many workplace deaths occur. The hope is to look at what went wrong and try to prevent future deaths from occurring. Of the 48 statewide workplace deaths in 2016, two of them occurred in Forsyth County.
One was a roofer who fell from a roof. The other was an operator at a construction site whose equipment had overturned.
Labor Commissioner Cherie Berry says it’s awful to hear about falls, struck-bys and other kinds of accidents that can often be prevented with proper safety training and personal protective equipment.
It’s important to make sure you’re always following proper safety guidelines while at work. Statistics show that construction is the most dangerous type of work; manufacturing came in second. Simple things such as wearing a hardhat and other protective gear can go a long way in ensuring your safety.
Should the worst happen and you or a loved one suffer from a fatal workplace accident, know that you or your dependents are entitled to workers’ compensation. Dependents may be entitled to 500 weeks of pay at ⅔ of the deceased employee’s weekly pay.
Dealing with the loss of a loved one is difficult no matter the circumstances, but dealing with a workers’ compensation case on top of everything else can make an already awful situation exponentially worse. If you find yourself in this situation, be sure to contact an attorney at Oxner + Permar. We can help guide you through this process and take some of the stress out of a very difficult time.
We find that many clients assume the best way to win their case is to take it to court and make sure that it is heard by a judge and jury. The truth of the matter is that a trial isn’t always the best (or fastest) way to go about it. How do you know when not to go to court?
For instance, we recently worked with a client who was injured by an uninsured driver and made a claim for underinsured motorist coverage. Our first step was to submit a demand to the insurance companies. They made an offer of $20,000. That might seem like a fair amount of money, but the reality of the situation was that it only covered the medical bills.
Rather than taking the matter to court, we demanded arbitration with the insurance carriers. They agreed to meet for voluntary mediation. During the mediation, the insurance carriers upped their offer to $30,000. However, they refused to negotiate any further.
We knew that our client deserved more than this, so we went to binding arbitration. Binding arbitration is like a very informal, mini trial in which the rules of evidence don’t apply. Instead, an impartial third party is brought in to hear both sides and decide on a ruling. In this case, the arbitrators came back with an award of $50,000 — $20,000 more than the insurance companies had offered us!
It just goes to show that sometimes the best course of action is to utilize binding arbitration when it is allowed. This kind of hearing can be efficient for settling claims and can result in rewards that are substantially higher than the original offers.
When you’ve been injured at work, workers’ compensation is a vital part of your recovery process. You’re reliant on that money to pay for everything from food to bills to medical expenses. It’s important that the amount in your check is correct. Your weekly checks should be for 66.66% of your pay the year before your injury. But what if the insurance carrier is not paying you the correct amount?
There are several reasons the amount might be incorrect. For instance, it’s possible that the insurance carrier just didn’t calculate your income correctly. In some cases we have seen, the insurance carrier has not accounted for overtime pay, bonuses, or other pay that falls outside of your normal work hours.
It should be fairly easy to clear up any mistakes by reviewing your pay records. Here are some things you should make sure you include in the calculation of your income:
If the carrier still refuses to agree to raise your pay to meet your income after reviewing your records, an attorney can help you ask for a hearing or file a motion to clear up the underpayment. Every little bit counts when you’re out of work due to an injury. Make sure you’re receiving the compensation that’s owed to you.
Dealing with a work injury and workers’ compensation can be a long, painful process. Given this, you may be asking, “is my case worth a million bucks?”. After all, it would be a lot less painful if there was $1,000,000 waiting for you at the end of it, right? In reality, a million-dollar settlement might not be as wonderful as you’re imagining. Because workers’ compensation doesn’t account for pain and suffering, there are certain factors that come into play for awards to come even close to seven digits.
While it might seem like getting a $1,000,000 settlement would be great, the reality is that most of that money will be going towards medical expenses, not your pocket. However, if your case is worth $1,000,000, we absolutely want to make sure that you’re getting the money that’s owed to you. In fact, we have a great deal of experience working these kinds of cases. No matter the extent of your injuries, you deserve fair compensation.
