When you should Hire a Disability Lawyer
Many people wonder if they should hire a Social Security Disability attorney. If your and your family’s livelihood depends on winning your case for disability benefits, it’s not a question of if you should hire a Social Security Disability attorney, it’s a question of when you should hire a Social Security Disability attorney. Unfortunately, many individuals wait too long before contacting an attorney about their claim for Social Security Disability benefits. There are two rules to follow if you are considering or have already applied for Social Security Disability benefits:
Contact an experienced Social Security Disability Attorney before applying for Social Security Disability benefits.
Not every individual needs to have an attorney represent them when making their initial application for Social Security benefits. However, in some cases, retaining counsel at the initial application level can improve an individual’s chances for being approved. Regardless of which category an individual falls into, speaking with an experienced Social Security Disability attorney prior to making the application will allow an applicant to obtain advice in avoiding common pit falls that can result in an initial application being denied. Such pit falls include applying for benefits too soon or too late, failing to allege an appropriate onset date for disability benefits, and applying for benefits before having sufficient medical documentation to support your allegations of disability.
If you receive a Notice of Decision denying your initial application for Social Security Disability benefits, contact an experienced Social Security Disability Attorney immediately.
If your claim for Social Security Disability benefits was denied, not only do you have a limited time period in which to appeal the denial of your initial application for benefits, but it is important to have an attorney review the basis for the Social Security Administration’s denial of your claim as soon as possible. Do not wait until your hearing has been scheduled to seek legal representation. Although it can take up to 24 months or more before your appeal will be heard by an Administrative Law Judge, retaining an attorney right away will ensure that you are taking the necessary steps to further document your medical condition and win your case.
Our experienced Social Security Disability attorneys would be happy to provide you with a free review of your Social Security Disability claim. Call our office at 814-452-6232 for a free consultation!
After a car accident in Pennsylvania, it’s extremely important to call the police and ask for an officer to be sent out to prepare a police report or an accident report. The police will come out, interview witnesses, assess damage, and will give you what’s referred to as a “crash receipt.” This receipt isn’t always the full report, but it can be used to obtain the full report after it is prepared back at the station.
Why Police Reports are Important after a car accident
Police reports are important after an accident for a number of reasons. To begin, police officers are impartial witnesses who are skilled at conducting investigations and forcing drivers to disclose their car insurance information. Often times, without the police, the other driver will refuse to disclose his or her insurance information, making it difficult to recoup your losses. It’s rare for people to refuse disclosing their insurance information to police.
Second, police officers will obtain and record statements and contact information from witnesses who may have seen the accident. Years later, if your case ends up in court, this information makes it much easier to find witnesses to testify as to what happened. Although the police report itself probably won’t be admissible, the witnesses will be able to testify directly as to what they heard and saw.
What if there is no police report for my accident?
If you have been injured in an accident without a police report, you need to call our Pennsylvania attorneys immediately. Our office will work to gather the evidence and information that the police normally would have gotten had they been there to draft a police report. It’s important that we act fast, as evidence tends to disappear as time goes on. Additionally, witnesses become harder to find and at-fault drivers tend to move without leaving a trace of insurance information or even forwarding addresses.
After a hit-and-run, your insurance probably requires you to call the police
Not only is calling the police to get an accident report a good idea, sometimes your insurance requires it! For example, after a hit-and-run, most Pennsylvania auto insurance policies require you to call the police and make a report as soon as possible after the accident. The police will then come out and document that you’ve been the victim of a hit-and-run and will preserve evidence. This report allows you to put your insurance company on notice of a potential uninsured motorist claim, which can allow you to recover damages even if the other driver’s identity is unknown. Failing to make a police report in a timely fashion can sometimes eliminate your ability to make a claim.
Do I need a police report if nobody was injured?
Even if you weren’t injured, calling the police to get a police report is still a good idea. Frequently, although the at-fault driver admits fault on the scene, his or her story changes after getting home and talking to the insurance company. After that happens, without the police to have documented their admission of guilt, it’s your word against theirs and now your insurance rates are going up for an accident that wasn’t your fault. For the same reasons, never let someone talk you into “handling the accident outside insurance.” More often than not, you’ll end up getting burned for trying to be nice.
How do I get the police report after an accident?
At the scene of the accident, the police will typically hand you a “crash receipt.” If one of the cars was badly damaged or if someone was injured, this ordinarily isn’t the full report. You can obtain local reports by contacting your local police station, or you can request the Pennsylvania State Police Report using their form SP7-0015. That said, if you’ve been involved in a car accident in Pennsylvania, our accident lawyers will get the full police report and protect your rights. We offer free consultations and don’t charge a fee unless we get a recovery, so we’ll be happy to obtain and review the report with you and your family.
If you own a motorcycle or are thinking of purchasing a motorcycle, you may have questions about the differences in insurance coverage between motorcycles and automobiles. While, in many respects, motorcycle insurance is very similar to car insurance, it is very important to understand the differences as well.
Motorcycle Accidents and Medical Bills
Under the Pennsylvania Motor Vehicle Financial Responsibility Law, insurance companies are not required to provide medical benefits to individuals who purchase motorcycle insurance. This is different from car insurance, where insurance companies are required to at least provide a minimum amount of medical-payments coverage to any individual purchasing an insurance policy in Pennsylvania. For riders, this often means that if they are involved in a motorcycle crash, they will have to turn to their own health insurance to receive immediate medical treatment. And, if the rider does not have health insurance, the process can become even more complicated. In addition, the at-fault party’s insurance company will not pay for your medical bills until your claim has been settled completely. Because of this, it is important to hire an experienced motorcycle accident lawyer to assist you in the event you are involved in a motorcycle crash.
Motorcycle Accident and Pain & Suffering
In the event you are injured in a motorcycle accident, you will be entitled to “full tort” status under the law. In Pennsylvania, insurers have the option of providing “limited tort” coverage for automobile policies. These policies do not allow for a person to recover for pain and suffering in the event that they are in an accident unless they suffer a “serious injury” or meet another exception. Fortunately, for bikers, they are not bound by “limited tort,” as it does not apply to motorcycles under the law. Because of this, it important to obtain a motorcycle attorney who can ensure that the insurance company does not pay you less than you deserve for your injury.
These are just some of the differences between the insurance coverage for motorcycles and the coverage for automobiles. Any motorcycle accident is a traumatic experience and it is important to have a motorcycle crash lawyer who is experienced and understands how best to protect your rights and interests and how to maximize your recovery. Contact one of our attorneys today for a free consultation.
What is a Peer Review?
In Pennsylvania, your automobile insurance provides medical coverage to pay your medical bills for medical treatment for injuries sustained in car accidents. Generally, your car insurance company is obligated to pay all bills for treatment which is reasonable and necessary. It is not necessary that you get pre-authorization for treatment. It is your carrier’s responsibility to object to bills it considers unreasonable or unnecessary. Medical bills which are not paid within 30 days are subject to penalties under the Motor Vehicle Financial Responsibility Law (MVFRL). When an auto insurance company wishes to contest the bills submitted by treatment providers, it will send them out for a Peer Review.
An insurance carrier can challenge bills by Peer Review for up to 90 days prior to the challenge. The regulations require that the carrier send the challenged bills with supportive records to an authorized PRO (Peer Review Organization). This is an entity which has been approved by the Insurance Commissioner for this purpose. Bills which deal with particular treatment can only be peer reviewed by an entity in the same specialty. For instance, chiropractic bills can only be reviewed by a chiropractor. The peer reviewer does not see the patient for an examination. His job is to simply review the records and bills, and in accordance with accepted norms and guidelines, render an opinion as to whether treatment is reasonable and necessary. The reviewer does not even have to contact your doctor.
What should I do after a Peer Review?
Over 80% of Peer Reviews are unfavorable, in whole or in part to the patient. If your bills are peer reviewed, and the review is unfavorable, the report will advise you as to your appeal rights. Probably the worst strategy is to appeal an unfavorable Peer Review. Reconsiderations of peer reviews are also over 80% unfavorable to insureds and the loser of the appeal has to pay the fees (usually $450.00-$500.00). Insureds also have the right to file suit against their own insurance company immediately. There are numerous regulations which have been promulgated to protect insureds. Many of these are ignored or abused by carriers.
Do I need a lawyer if my bills have been the subject of a Peer Review?
To protect your rights in an automobile accident claim, it is always prudent to hire a lawyer as soon as possible after you have been involved in an accident. It is even more important to seek and retain counsel whenever an insured receives notice that his/her bills are being peer reviewed. Failing to challenge your carrier for refusal to pay appropriate bills can affect your treatment and affect your claim against the at-fault driver. Call our office today for a free consultation.
Should I Settle my Pennsylvania Workers’ Compensation Case?
In Pennsylvania, workers’ compensation settlements are entirely voluntary. Workers’ compensation settlements require an injured worker and their employer and/or their employer’s workers’ compensation insurance carrier to agree on the terms and conditions of the settlement. Workers’ compensation settlement negotiations focus heavily on two components:
- The amount of a lump sum payment; and
- How long the employer/insurance carrier will continue to pay for an injured worker’s work related medical expenses.
An injured worker should not complete their assessment as to whether or not to settle their workers’ compensation case based only on these two components.
An injured worker must take many factors into consideration before determining whether settlement of their workers’ compensation may be in their best interest. The terms of a workers’ comp settlement are reduced to writing in a document known as a Compromise and Release Agreement. An injured worker wishing to settle their work comp claim will be required to testify in front of a workers’ compensation judge. The workers’ compensation judge will then make a determination as to whether or not the injured worker understands the rights they are giving up in exchange for the settlement.
Once a workers’ compensation settlement has been approved by a workers’ compensation judge the terms of the settlement are final. An injured worker should never settle their workers’ compensation case before first consulting with an experienced workers’ compensation attorney. Settlement of a workers’ compensation requires much more consideration than just a dollar figure. An experienced workers’ compensation attorney will guarantee that all factors have been given proper consideration prior to the workers’ compensation settlement being finalized.
More importantly an experienced workers’ compensation attorney will be able to explain to an injured worker how settlement of their workers’ compensation will affect other benefits (i.e. Social Security Disability, Pension, Social Security Retirement, Medicare, Medicaid) or claims (i.e. Third Party – Personal Injury, Social Security Disability, Social Security Retirement, Unemployment Compensation, Wage and Hour, Discrimination, ADA) the injured worker may currently have or will seek in the future.
Contact one of our experienced workers’ compensation attorney’s for a free, no obligation, meeting to discuss whether and under what terms settlement of your workers’ compensation claim is the right decision for your and your family’s future.
What happens to your Pennsylvania Workers’ Compensation benefits if you die?
In a typical case where a worker is receiving workers’ compensation wage-loss benefits for a work injury, all benefits stop upon that worker’s death. This is not to be confused with the case where an employee is killed at work. When an injured worker dies as a result of his work injury, there may be benefits available to any dependents and a lawyer should be involved immediately. But that is the subject for another post. If a loved one was killed at work, please call our office right away to schedule a free consultation.
The important point is that there is no general right for the surviving spouse or children to continue receiving workers’ compensation wage-loss benefits after the death of the injured worker, provided the injured worker’s death wasn’t work-related. This can have a devastating economic impact on the surviving spouse, who is already grief-stricken and then saddled with economic hardship from the spouse’s work injury.
I remember vividly the sad case of a young man that I represented many years ago. We negotiated a settlement for him, but he decided not to settle. A few months he came back and had changed his mind, and we were able to reopen negotiations. Sadly, within a few months of the settlement, he died unexpectedly of a heart attack. Fortunately, however, since his case was settled, his widow at least had some funds in the bank as a result of the previous settlement. Had he not settled, she would have received nothing after his unexpected passing.
There are many factors to consider in deciding whether or not to settle your workers’ compensation case. At Bernard Stuczynski Barnett & Lager, we offer a free consultation to discuss your injury claim. There are many reasons why a settlement of a compensation claim may or may not be advisable. Providing some peace of mind to your spouse may be a factor that you had not previously considered. If you wish to speak with one of our Erie lawyers. call us at 814-452-6232.
Can volunteer firefighters get workers’ compensation in Pennsylvania?
When volunteer firefighters are injured in the line of duty in Pennsylvania, they are potentially entitled to workers’ compensation benefits under Section 601 (a)(1) of the Workers’ Compensation Act, 77 P.S. § 1031 (a)(1), even though they are volunteering without pay:
(a) In addition to those persons included within the definition of the word “employe” as defined in section 104,1 “employe” shall also include…(1) members of volunteer fire departments or volunteer fire companies…
How much workers’ compensation is a volunteer firefighter paid?
Ordinarily, when receiving workers’ compensation benefits, an injured worker is entitled to a portion of his or her average weekly wage (averaging wages from all of his or her concurrent jobs combined). Interestingly, when a volunteer firefighter is receiving workers’ compensation and is unable to work, he or she is presumed to be earning wages equal to at least the “state-wide average weekly wage” for the purposed of calculating the amount of his or her wage-loss benefits.
This means that, whether or not a volunteer firefighter’s actual wages are equal to the state-wide average weekly wage, his or her wage-loss benefits will be paid as if he or she were earning at least the state-wide average weekly wage. As such, a volunteer firefighter will receive wage-loss benefits even if he or she is otherwise unemployed or even retired.
Should an injured volunteer firefighter hire an attorney?
If you or a loved one is a volunteer firefighter who was injured in the line of duty, you should hire a skilled Erie workers’ compensation lawyer to protect your rights. Insurance companies, unfortunately, rarely do the right thing. Our law firm offers free consultations to injured firefighters and does not charge a fee unless we obtain a recovery. With offices in both Erie and Smethport, our lawyers represent first-responders throughout Northwestern Pennsylvania. Call today to set up an in-person meeting with one of our Erie Lawyers at 814-452-6232.
SSD vs. SSI
What is the difference between Social Security Disability Income (SSDI or SSD) and Supplemental Security Income (SSI)?
If you are thinking of applying for Social Security Disability or have already applied, you may be wondering what the difference between SSD and SSI is. Although the two programs are both administered by the Social Security Administration and the criteria to obtain benefits under either program are substantially similar, it is important to note that SSD and SSI are two separate and independent programs with different eligibility requirements.
What is Social Security Disability Income (SSDI)?
Social Security Disability Income, or SSD, provides disability benefits to individuals who are insured through their contributions to the Social Security trust fund. Workers contribute to this fund through FICA Social Security taxes that are taken in the form of payroll taxes when a person is working. In exchange for this, an individual who is working obtains work credits through Social Security. These work credits are used to determine if an individual is eligible for SSD benefits. Each individual who stops working will have a date last insured, which is the last date that the work credits they have earned will allow them to remain insured and eligible for SSD benefits. Once this date last insured has passed, it is no longer possible to obtain SSD benefits and because of this, it is very important to obtain an experienced Social Security Disability attorney to help you protect your rights and benefits.
In addition, the amount of SSD benefits an individual can earn is dependent upon a worker’s lifetime average earnings covered by Social Security. And, if an individual obtains SSD benefits they will become eligible for Medicare after receiving SSD benefits for two years.
What is Supplemental Security Income (SSI)?
Supplemental Security Income, or SSI, is not an insurance program like SSD. Instead, SSI is a means-tested program that is administered by Social Security based solely upon an individual’s needs according to income and assets. SSI is not funded through payroll taxes but instead is funded through general tax revenues. In order to be eligible for SSI benefits an individual must not exceed the asset limit that is determined by Social Security and you must not exceed a certain monthly income rate.
SSI benefits are not calculated based upon the earnings that an individual has made but instead they are calculated based upon a set rate that deducts any countable income that an individual may be earning. Additionally, an individual who is receiving SSI benefits is not eligible for Medicare like an individual who is receiving SSD benefits, instead, SSI recipients are eligible to receive Medicaid.
How do I apply for SSD or SSI?
Because there are many differences between SSD and SSI it is important to obtain an experienced Social Security Disability attorney in the event that you are seeking to obtain disability benefits from Social Security. Our office will do everything in our power to aid you in the process of obtaining Social Security disability benefits. Contact one of our attorneys today for a free consultation.
Matt Lager recognized as Erie’s “Outstanding Pro Bono Lawyer” of 2017
We at Bernard Stuczynski Barnett & Lager are proud to announce that our newest partner, Matt Lager, has been named as Erie County’s “Outstanding Pro Bono Lawyer” of 2017 by the Erie County Bar Association and by Northwestern Legal Services. In earning this achievement, Matt Lager follows in the footsteps of fellow partner, Adam Barnett, who was similarly afforded this great honor in 2015.
This award was presented at the ECBA’s annual Law Day Luncheon, of which this firm is a proud sponsor, where keynote speakers Attorneys Dean Strang and Jerry Buting, defense counsel for Steven Avery in the hit Netflix series, “Making a Murderer, spoke about their involvement with the trial and with the legal problems facing indigent defendants across America.
In addition to providing excellent legal representation to our clients, Bernard Stuczynski Barnett & Lager is dedicated to giving back to the Erie Community through the Erie County Bar Association’s Legal Aid Volunteer Attorneys (LAVA) Program, administered through Northwestern Legal Services.
If you are in need of legal representation, do not hesitate to contact our office. If we can’t help you, we can certainly point you in the right direction.
Can you work when receiving Social Security Disability Benefits?
People often wonder whether or not they can work while receiving Social Security Disability benefits. The simple answer is yes—under certain conditions. It is strongly recommended that. if you are considering making an effort to work while receiving Social Security Disability benefits, you consult with an experienced Social Security Disability attorney. The rules and regulations that apply are complex and one size does not fit all. There are many factors that need to be considered by an attorney and there are numerous pitfalls to avoid.
Social Security Disability recipients are provided with a “trial work period.” So long as an individual is within a “trial work period,” the individual can continue to receive Social Security Disability benefits regardless of the amount of the individual’s income during the “trial work period.” At the time this article was written, a “trial work period” expires once an individual has achieved gross monthly earnings exceeding $840.00 in nine months. It is important to note that these nine months need not be consecutive.
After an individual’s “trial work period” has concluded, they can continue to work, but they can only continue to receive Social Security Disability benefits so long as that individual’s gross monthly earnings do not exceed $1,170.00* (*in 2017; this number changes every year). If an individual’s gross monthly earnings exceed $1,170.00* they are considered by the Social Security Administration to be engaged in “substantial gainful activity.”
If an individual’s Social Security Disability benefits have ceased because the individual is engaged in “substantial gainful activity,” the individual’s Social Security Disability benefits may be reinstated immediately at any time within a five year window if the individual must stop working again as a result of their disability.
*As stated above, the gross monthly earning thresholds identified above apply to calendar year 2017. The Social Security Administration adjusts the gross monthly earning thresholds on a yearly basis. An individual that is receiving Social Security Disability benefits due to blindness has a significantly higher gross monthly earning threshold.
There are numerous additional Social Security Administration rules and regulations that apply to and affect an individual’s ability to work while receiving Social Security Disability benefits. Know your rights and responsibilities. Be safe instead of sorry. Call our office to speak with one of our experienced Social Security Disability attorneys for a free consultation.