Social Security Disability

I just got off the phone with a potential new client who was seeking disability benefits. This client made some common mistakes Social Security Disability candidates often make. Keep in mind, these people I refer to are truly disabled and entitled to benefits. However, certain actions or inactions often result in a denial or at least a delay in benefits. This prompted me to create the following list of guidelines that should be considered when disabled:

1. If denied after your initial application is filed, APPEAL, do not give up. Your appeal must be filed within 60 days. All too often, I receive a phone call after the time to appeal has expired.

2. Make sure you treat with a physician as often as necessary. Your case is based primarily on your medical records. Even if you do not have insurance, try to seek out a free clinic or even the ER if need be.

3. Apply for benefits as soon as you become disabled. In order to be eligible for Social Security Disability, as opposed to SSI, you must have worked 20 of the last 40 quarters. So, if you stop working, you only have a certain about of time in which you qualify.

4. Let you representative know about ALL of your disabilities. Often, people fail to disclose certain disabilities because of embarrassment. Please try to keep in mind that your lawyer and the judge have heard it all. It would be a shame to lose your case because you failed to disclose everything.

5. Do not go to a Social Security Disability hearing without representation. Social Security representatives are knowledgeable about the Social Security Disability rules; consequently they are able to present the facts of your disability claim in a manner that is most favorable to you. At Gordon & Doner, our a fee is contingent on obtaining you benefits. So, everyone can afford representation.

While this list is not exhaustive, it is certainly a good starting point. If you have any questions, or would like the assistance of a Social Security Lawyer, please do not hesitate to contact me directly at AWerner@fortheinjured.com.

Workers' Compensation Update II

I just got back in town from the Florida Workers' Compensation Educational Conference. There was a lot of discussion about recent legislative "fix" to the October 2008 Emma Murray decision. For those of you not familiar with what is going on in workers' compensation law, you can read my prior posts regarding this subject.

Bottom line of all is that most in the industry believe the current law, as it is currently written, is unconstitutional. It severely limits an injured workers access to courts as a result of unreasonable attorney's fees.

Fortunately, the consensus is that it should not take nearly as long as the five years it took us to get the Emma Murray decision to reach the Florida Supreme Court again.

Yamaha Rhino ATV Post

Yamaha Rhino ATV accidents have been the cause of numerous injuries and deaths. While rollover accidents are known to happen with this type of vehicle, it is much more prevalent with this specific model, due to its high/narrow stance and powerful engine. It has even been known to tip over while traveling on flat surfaces at slow speeds.

To date, hundreds of lawsuits have been filed against the manufacturer. They have involved crushed or amputated limbs and/or death due to this unreasonably dangerous product. Most often, fatal and severe injuries involve children due to their smaller size.

If someone you know has been injured due to a Yamaha Rhino ATV accident, the lawyers at Gordon & Doner can be relied on to help. If you have any questions, please contact me directly at AWerner@fortheinjured.com

Sunday Night Seatbelt News

Another tragic example of why it is so important to wear your seat belt.

I cannot tell you how often I see injures that could have been less tragic had someone been wearing their seat belt. See below for the full story.

http://www.suwanneedemocrat.com/suwannee/local_story_186091131.html

If you have any questions for the author of this blog, please contact me at AWerner@fortheinjured.com.

Workers' Compensation Update

Unfortunately, the governor of the State of Florida, Charlie Crist, signed a new workers' compensation bill into law. This new law will greatly reduce attorney's fees thereby limiting Claimant's access to courts.


I found the following article on-line which seems to sum it all up very well:

http://www.examiner.com/examiner/x-9540-Boca-Raton-Liberal-Examiner~y2009m5d30-Crist-Adds-Insult-To-Injury

Sunday Night Slip and Fall Post

Slip and fall accidents are the most common claims in premises liability lawsuits. Some of the most frequent causes of such injuries is a a slippery floor, poor lighting or an uneven surface .

According to the Center for Disease Control, in 2005, , falls were the leading cause of injury deaths among older adults. They are also the most common cause of nonfatal injuries and hospital admissions for trauma.

According to Florida law, property owners may be held liable for slip and fall injuries resulting from dangerous conditions on their premises. Such accidents occur when someone slips, trips or falls as a result of dangerous or hazardous conditions on someone else’s property.

The attorneys at Gordon & Doner, P.A., can help you determine who is at fault for your accident. They will see if you are entitled to recover damages for lost wages, medical bills, and pain and suffering.

All questions are welcome. You can contact the author at AWerner@fortheinjured.com.

Memorial Day

For the Injured wishes you all a safe Memorial Day Weekend. Please take some time to remember the military men and women who gave their life defending our country.