Gerald Gregory Lutkenhaus’s Answers

Gerald Gregory Lutkenhaus

Richmond Workers' Compensation Lawyer.

Contributor Level 18
  1. Will my workers comp settlement affect my social security disability?

    Answered about 3 years ago.

    1. Gerald Gregory Lutkenhaus
    2. Brian S Wayson
    3. Clifford Michael Farrell
    4. Scott M. Daniels
    4 lawyer answers

    In addition to above I would add it is common practice when settling a workers compensation claim to prorate the lump sum settlement over one's life expectancy. That way the prorated weekly amount is "very low" and if Social Security accepts this than the your future Social Security benefits are not offset vis a vie your workers compensation benefits. The applicable POMS ruling does say in computing the offset after a WC settlement SS is supposed to use the compensation rate as set forth in...

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  2. How long after an accident do I have to go to doctor

    Answered 10 months ago.

    1. Gerald Gregory Lutkenhaus
    2. Christian K. Lassen II
    3. Peter Michael Sweeny
    4. Seth Raven Carroll
    5. Carl Nyden Lauer
    6. ···
    9 lawyer answers

    Biggest mistake: failure to get medical treatment immediately. Second biggest: failure to file a claim immediately with the Workers Comp Commission. Third biggest: failure to consult a WC lawyer for your accident if the employer is giving you the runaround.

    13 lawyers agreed with this answer

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  3. Would a workers comp settlement affect my social security each month? I live in North Carolina.

    Answered almost 2 years ago.

    1. Gerald Gregory Lutkenhaus
    2. Bobby L. Bollinger Jr.
    3. George Ellis Corson IV
    4. John F. Ayers III
    5. Clifford Michael Farrell
    5 lawyer answers

    Yes, unless it is handled properly your workers compensation settlement can reduce your Social Security check. If not handled properly, Social Security will assume your lump sum settlement is just a settlement of your weekly payments and divide the lump sum by your weekly rate and reduce your Social Security for those number of weeks. On the other hand if properly handled the lump sum settlement will have no effect on future Social Security benefits. It needs to be properly prorated over your...

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  4. Do I have a legal malpractice case based on my workers compensation case?

    Answered 7 months ago.

    1. Gerald Gregory Lutkenhaus
    2. Bobby L. Bollinger Jr.
    3. Brandon Hilmar Reid
    4. Gilbert Earl Fisher
    5. Jan Freerk Hoen
    5 lawyer answers

    Sorry no legal malpractice under the facts you stated. The doctor was free (but perhaps paid by the insurance company) to answer adverse to you.

    9 lawyers agreed with this answer

  5. I live in Virginia....I received a Workers Comp settlement of $20,000 in May of 2013 ....... I was awarded SSD Sept 2013 ....

    Answered over 1 year ago.

    1. Gerald Gregory Lutkenhaus
    2. Charles Joseph Michael Candiano
    3. Peter Michael Sweeny
    4. John M Connell
    5. Bobby L. Bollinger Jr.
    5 lawyer answers

    I have practiced WC and SS Law in Virginia for 35 years. Whether you settled your case in VA or NC your lawyer should have included "lifetime proration" language to avoid a future reduction in a Social Security Disability benefit. If you or your WC Lawyer did not do this, then you could face a reduction in your SS benefit. The SSA if there is not lifetime proration will divide the $20,000.00 by your weekly comp rate and assume the $20,000.00 was paid on a weekly basis. If those weeks overlap...

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  6. Workers compensation Dr. referred me for 2nd opinion on treatment. 2nd doc blew me off. I think I need to see a specialist. How?

    Answered 7 months ago.

    1. Gerald Gregory Lutkenhaus
    2. Carl Nyden Lauer
    3. Peter Michael Sweeny
    4. Gilbert Earl Fisher
    4 lawyer answers

    You indicate you have a 10 year old injury with a lifetime medical award. In order to get a new doctor you can do the following: (1) obtain a referral from a current treating doctor; (2) obtain a referral from the insurance company; or (3) request the Virginia Workers Compensation Commission to provide you a new doctor. However, in order to succeed with number three above you need a medical report that says due to your 10 year old injury you need a doctor for the specific care you desire. So,...

    8 lawyers agreed with this answer

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  7. Can i sue ssi for putting my girlfriend as my spouse?

    Answered over 2 years ago.

    1. Paula Brown Sinclair
    2. Gerald Gregory Lutkenhaus
    3. Brian S Wayson
    3 lawyer answers

    I would only add that if you are being provided room and board by another person (such as your girlfriend) then your SSI (welfare disability check) is subject to reduction. You may want to consult a legal aid lawyer in your area for further advice. Your SSI check in not permanent. It can be taken from you if you do not financially qualify or if you improve and are no longer qualified for a disability check.

    9 lawyers agreed with this answer

    2 people marked this answer as helpful

  8. Workmans compensation in VA

    Answered 25 days ago.

    1. Gerald Gregory Lutkenhaus
    2. Jan Freerk Hoen
    3. Gilbert Earl Fisher
    4. Peter Michael Sweeny
    4 lawyer answers

    The insurer has 44 days to pay to avoid a penalty. The 44 days includes 30 days for the appeal period and 14 days for the penalty period. Most of the time you should collect the back money before discussing a settlement. Yes, in Virginia a Deputy Commissioner will have to approve any settlement. I have found this process takes 30-45 days. You can also address all of these questions to your own lawyer.

    7 lawyers agreed with this answer

  9. Worker compensation and social security retirement

    Answered about 2 months ago.

    1. Gerald Gregory Lutkenhaus
    2. John M Connell
    3. Gilbert Earl Fisher
    3 lawyer answers

    First, there is no offset between Workers Compensation and Social Security Retirement benefits. Second, there usually is an offset between Workers Compensation and Social Security Disability benefits. Since Social Security "wants" proof of settlement it may be you are trying to get Social Security Disability and not Social Security Retirement. If you are trying to get Social Security Disability, then hopefully your WC Lawyer protected you by pro-rating your settlement over your future life...

    7 lawyers agreed with this answer

  10. Workers comp hearing

    Answered about 1 year ago.

    1. Gerald Gregory Lutkenhaus
    2. R. Barry Rowell Jr.
    3. Peter Michael Sweeny
    4. Seth Raven Carroll
    5. Jamie Lynn Karek
    6. ···
    7 lawyer answers

    If you have a medical award, then your accident has been found compensable. If there is no award for weekly compensation you are quite correct in asking for such an award. You have two (2) years from the date of your accident to file for such an award. To obtain a compensation award you must show (1) you are totally out of work by a report from the treating doctor or (2) you are on light duty and you have been looking for light duty work and have not been able to find it. Your job search...

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