Gerald Gregory Lutkenhaus’s Answers

Gerald Gregory Lutkenhaus

Richmond Workers' Compensation Lawyer.

Contributor Level 18
  1. What Benefits are available for disabled?

    Answered over 1 year ago.

    1. Gerald Gregory Lutkenhaus
    2. Eugene Andre Ahtirski
    2 lawyer answers

    Since you are an alien, you will have to meet one of the alien exceptions to qualify for SSI (which is welfare disability). If you have paid into the Social Security system and have sufficient quarters then you can apply for Social Security benefits based on those earnings. Contact your local Social Security and file for both Social Security and SSI.

    5 lawyers agreed with this answer

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  2. Should I disclose "unrequested" information?

    Answered 7 months ago.

    1. Gerald Gregory Lutkenhaus
    2. Bobby L. Bollinger Jr.
    3. Brett A. Borah
    3 lawyer answers

    Generally, the receipt of WC payments reduces SSDI payments. I am concerned because your WC lump sum settlement pre-dated your Social Security award. I hope that when you settled the WC case that your attorney was well aware of your upcoming SSDI claim. If so, then the lawyer "should" have put in lifetime proration language in the lump sum WC order to prevent any SSDI offset for the future. If the SSDI request is as narrow as you said (only requesting WC information from 11/2013 forward then...

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  3. Speeding up the appeals process at the Social Security appeals council

    Answered 4 months ago.

    1. Glenn Johnston
    2. Adam J. Troupe
    3. Stephanie O Joy
    4. Gerald Gregory Lutkenhaus
    5. James K Brownell
    6. ···
    7 lawyer answers

    I agree with my colleages. 18 months is not uncommon for an appeal to the Appeals Council.

    7 lawyers agreed with this answer

  4. Will receiving a settlement in a class action suit affect a person's SSI benefits?

    Answered over 1 year ago.

    1. Clifford Michael Farrell
    2. Gerald Gregory Lutkenhaus
    3. Timothy Allan Berger
    3 lawyer answers

    Yes, unless this is properly placed in a special needs trust it will disqualify him from SSI since a recipient of SSI cannot have more than $2,000.00 in liquid assets.

    7 lawyers agreed with this answer

  5. Do i have to claim a settlement on my disabilty social security

    Answered almost 2 years ago.

    1. Brian S Wayson
    2. Gerald Gregory Lutkenhaus
    3. Steven Mortimer
    3 lawyer answers

    I have practiced Social Security Disability for 35 years in Virginia. Social Security is not reduced as a result of receipt of a personal injury settlement. It is only reduced if you receive workers compensation. I hope this is helpful.

    7 lawyers agreed with this answer

  6. How much can I volunteer at a place like the SPCA while on Soc Sec Disability?

    Answered about 2 months ago.

    1. Gerald Gregory Lutkenhaus
    2. Stephanie O Joy
    3. Robert Alfred Donati
    3 lawyer answers

    If you volunteer, then there is no record of earnings. Thus the volunteering will not cause any automatic disqualification like wage earnings does. On the other hand depending upon your age , your case may be reviewed by Social Security. I assume your 100% VA rating won't change so a review may go no further than this. If your SPCA volunteering is work-like activity, that could be a problem but I am not sure that it would ever come to Social Security's attention. I would think if this is only...

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  7. My husband receives workers comp benefits. he is incarcerated, and wonders if he will lose the benefits since he is in jail

    Answered about 2 months ago.

    1. Peter Michael Sweeny
    2. Gerald Gregory Lutkenhaus
    3. John M Connell
    3 lawyer answers

    I agree. if he is incarcerated, then yes he will lose his workers comp benefits. Consult an experienced WC lawyer right away.

    5 lawyers agreed with this answer

  8. Can an employer legally attach a Worker's Comp settlement with a discrimination complaint for unfair termination?

    Answered 2 months ago.

    1. Gerald Gregory Lutkenhaus
    2. Tara Candela R.N.
    2 lawyer answers

    I have practiced Virginia Workers Compensation Law in Virginia for 35 years. You indicate you settled only your workers' compensation case. If that is the only thing you settled then you can pursue your wrongful discharge case. Often in WC settlements the employer's insurance company requires a release of all "other" claims. Check with your WC lawyer to make sure that was not done and you are free to pursue your discharge claim. Generally, a dscrimination charge must be based on unfair...

    5 lawyers agreed with this answer

  9. Workers comp.injury leading to disease which is expensive, lifelong and complicated. Can I make the company pay for the expense

    Answered 4 months ago.

    1. Lauren Brady Carroll
    2. Gerald Gregory Lutkenhaus
    3. Peter Michael Sweeny
    4. Jamie Lynn Karek
    5. Bobby L. Bollinger Jr.
    6. ···
    6 lawyer answers

    You are going to have a difficult time getting the Workers Compensation carrier to pay for your kidney medication. A doctor would have to say the use of the painkillers directly caused your kidney failure. You can try to pursue this as a "compensable consequence" of your shoulder injury provided you have a medical workers compensation award for your shoulder injury. Needless to say the workers compensation carrier will fight this claim tooth and nail. As another lawyer suggested you could look...

    5 lawyers agreed with this answer

  10. Is the settlement ok?

    Answered 8 months ago.

    1. Gerald Gregory Lutkenhaus
    2. Mishka L Marshall
    3. David J McAuliff
    4. Christian K. Lassen II
    4 lawyer answers

    This is a complicated matter. I have practiced Virginia WC and SS law for 35 years. You indicate you are receiving both WC and SSDI payments. You need to be careful that your settlement of the WC claim does not adversely affect your receipt of SSDI disability payments. Also, if you have qualified for SSDI you have or will get Medicare. Medicare will not pay for medical expenses if they are due to your work related injury. From your explanation I could not tell if the secondary illness is/is...

    5 lawyers agreed with this answer

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