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Gerald Gregory Lutkenhaus
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Gerald Lutkenhaus’s Answers

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  • While waiting on an answer about my disability claim should i look for a job while i await my rejection letter?

    my health is failing, i have had 2 major heart attacks in the last 10 years, i have 5 stents through my major arteries and my arteries are 90% clogged. i am diabetic and was recently diagnosted with heart failure & 2 of my 3 coronary arteries are ...

    Gerald’s Answer

    As Mr. Tate says, this appears to be a duplicate of your prior question. Please review my answer to that question. if two of your three arteries are blocked, then perhaps your cardilologist will support your claim for disability. This would be very significant. Whether you can work or not also depends upon your age, skills, and the work you have done in the last 15 years. You need to consult an attorney.

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  • S.s.i. advice

    i have failing health heart failure,p.a.d. diabetes,etc. i have applied for disability&waiting on answer. i am unemployed at this time&bills are piling up. i need income,need advice should i look for a job or not? i can barely get around my own ho...

    Gerald’s Answer

    I agree with Mr. Tate. You should have an attorney review your case. On the other hand, you seem to be unclear as to whether or not you can work or not. If you are unclear, then perhaps your doctor is unclear. I always find it best if people work as long as they are able to work. But you say you can "barely" walk around your house. That does not seem you are in a condition where you can work. I base this opinion on 35 years doing Disability Cases in Virginia.

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  • Have I lost my ss disability case?

    At my hearing, the VE named 3 possible sedentary jobs I could do, My lawyer asked a couple of Hypothetical guestions. The last guestions had something to do with a number. The VE said in that scenario there would be no jobs available. My lawyer s...

    Gerald’s Answer

    The VE said you could do three (3) sedentary jobs. This was a response to a question by the judge. if the judge finds you have the "residual functional capacity" to do the three (3) sedentary jobs then more than likely you did lose your case. They key would be was there medical evidence that would indicate you could not do a sedentary job which usually requires you to sit at a work station 6-8 hours in a work day. if you cannot do this hopefully you or your attorney provided medical evidence to show you had severe limitations on sitting. I am afraid your testimony on this issue is probably not enough. Medical evidence is required. I base this opinion on 35 years doing disability hearings in Virginia. if there is no such medical report, your lawyer can attempt to obtain it and file it before a decision is issued.

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  • I have applied for SSDI, I understand it can take over a year to get a response . Is there any possible way to expedite it?

    I am a 61yr old unemployed RN. I am on the verge of losing my home and don't have the time to wait a year to get a decision on my SSDI app. My mortgage company put me on a mortgage modification program for 6 months (this ends 11/15). At that ti...

    Gerald’s Answer

    Sometimes, if you can provide evidence of an imminent mortgage foreclosure this can expedite the process. Do you have evidence of this? Unfortunately, if your mortgage company is extending you through November this may not be considered an emergency. Also, as an unemployed RN, you have a lot of skills so you need to be sure you have a good case for disability. Can you do a desk job in the medical field such as an intake worker at a hospital? It may not be enough to show you cannot do all of the duties of an RN. If you do not have an attorney, you need to consult with one and discuss these issues. You can use the AVVO find an attorney tool.

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  • Hello, Can a foreign student have a social security number or TIN number? Can he have a driver's license or state ID? Thanks

    Foreign student having a social security number for either work or other purposes. Also have a driver's license.

    Gerald’s Answer

    I agree with Mr. Berman. It would depend upon the laws of each state. You can check with your local Department of Motor Vehicles for the rules.

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  • State of Nevada Child Services garnishing Social Security?

    My step dad recently passed away & while going through his papers for my mom we found a recent case against him from NV with the child agency there brought on by his exwife and 50 year old son, who's been in prison for 25+ years, for back child su...

    Gerald’s Answer

    Since SSA is only going to do this next month and since your father died last month there is no "ongoing" monthly check to deduct child support from. So, their claim has expired with your father's death (from the facts you have presented). On the other hand if he had had an ongoing check the child support agencies could have attached it.

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  • Why am I being asked to settle my case before reaching MMI?

    I am not at Maximum Medical Improvement, and will likely need surgery. I feel an agreement now is grossly premature, and have absolutely no interest in settling anything. If I don't agree to the settlement, will my case go before a judge to...

    Gerald’s Answer

    You need to contact an attorney to advise you about this matter. If the settlement hearing is not "binding" then it doesn't hurt to find out what the settlement offer will be. On the other hand, if you feel you will be pressured to settle when you are not ready then you may not want to go through with the hearing. You can find a Minnesota workers compensation attorney by using the find an attorney tool here at AVVO.

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  • If you have a problem with social security administration, and unresolved for months. What are your options.

    Working with local ss administrators, and congressman.

    Gerald’s Answer

    You indicate you have already contacted your Congressman. That was going to be my suggestion. If this is a legal problem, you need to be more specific so someone on this Forum can address it.

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  • Thumb/hand injury

    My Dr gave me a 50% scheduled loss of my right thumb. Initial injury was hand struck by hammer requiring stitches in the web of my index finger and thumb. Spoke with nys comp and they said there is no mention of hand injury. When I contacted dr of...

    Gerald’s Answer

    Generally, an injury to the hand is much more significant that a injury to the thumb. If your state follows the AMA Guides to Permanent Impairments there may be an easy answer. Of course, the thumb is part of the hand. The question may be whether the thumb injury affects the performance or function of the entire hand which it probably does. Contact an experienced WC lawyer to discuss this issue. You can use the AVVO find an attorney tool.

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  • Can you get fired for having workmens comp

    I was just fired over having a claim for workmens comp from taco bell

    Gerald’s Answer

    Most states have laws protecting injured workers from being fired just because they have had a workers compensation claim. That being said most employers will come up with some reason for termination other than the workers' compensation claim. So, it will not be easy to bring such a claim. Contact an employment lawyer as soon as possible.

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