The short answer: No more than 25% of the benefits which the attorney gets for you. We never do that.
The long answer: Some attorneys are demanding 25% of an injured worker’s checks from the moment he walks in their door. We think that is taking advantage of the workers’ comp claimant. That is completely unfair. We don’t take cases if we cannot add value to them — and we don’t expect to get paid until we do. You should never have to give up any of your money (which you need to live on) until the lawyer has done something for you. And filing a couple of form letters with the Industrial Commission isn’t enough to earn a fee. In fact it is virtually unheard of for the NCIC to award a fee of more than 25%.
As a general rule we think it is improper for a lawyer to take a cut of your weekly check unless she actually went to a hearing to get the checks started, or if he kept the checks going at a hearing. But if an attorney asks you to pay them from the minute they represent you, or if they write a couple of letters and make some phone calls to get checks started and then want 25% of your money forever, you should seriously consider whether they are in it for your best interests or just for your money.
This article was written by Todd P. Oxner
This article was written by Todd P. Oxner
Amy Berry spoke last week at the North Carolina Industrial Commission’s 13th Annual Education Conference. This three-day affair was attended by hundred of workers’ compensation adjusters, doctors, rehabilitation professionals, and attorneys. Amy spoke about recent North Carolina Court of Appeals cases affecting workers’ compensation. Chip Permar also spoke last week at a North Carolina Bar Association Continuing Legal Education seminar on the issue of what constitutes an accident in workers’ compensation. This seminar was so popular that the Bar Association is planning on having three video replays around the state.
Our thanks to both Amy and Chip for continuing the firm’s long record of educating other workers’ comp professionals.
About one year ago, CBS News did an interview with the Commissioner of Social Security, Michael Astrue. CBS wanted to know why so many applicants waited so long to get a hearing with an Administrative Law Judge.
Commissioner Astrue says the right things and seems to be dedicated to decreasing the time it takes to get a hearing before an Administrative Law Judge. However, the backlogs of applicants waiting for a hearing and the time it takes to schedule a hearing have not significantly changed.The thing that disappointed me most about what the Commissioner said came during his discussion of the over one million people who applied, were turned down, and did not appeal. He seemed to suggest that those people never should have applied in the first place. It almost looks he never thought before that the people who gave up did so because they were frustrated with the process and were actually deserving applicants.
This article was written by Chip Permar
According to Government Health IT, the Social Security Administration is considering new programs that would allow its Disability Determination Services to gather medical records electronically. Right now, the disability determinations are made from paper records provided by doctors and hospitals. The story indicates that this is a huge expense to the government – costing over $500 million a year. The Social Security Administration is proposing several programs that would incorporate available technology to make gathering records quicker and less expensive.
This is something that has been in the works for years. Social Security has initiated several programs over the last several years that make the process quicker. Claimants can submit new evidence online and have video hearings (where the claimant is in one office and the Administrative Law Judge is hundreds of miles away). Most law firms that practice this type of law have been investing heavily in the technology and equipment necessary to gather and submit records quickly and efficiently. Oxner + Permar, with offices all over the state of North Carolina, is doing amazing things with technology. Our Social Security practice, for instance, is almost completely digital and paperless.
This article was written by Chip Permar
