Gerald Gregory Lutkenhaus’s Answers

Gerald Gregory Lutkenhaus

Richmond Workers' Compensation Lawyer.

Contributor Level 18
  1. Worker comp & third party law suit settled on July 7 my attorney has one check how long should it take to get paid ?

    Answered about 1 month ago.

    1. Carl Nyden Lauer
    2. Peter Michael Sweeny
    3. Gerald Gregory Lutkenhaus
    3 lawyer answers

    If the attorney has the check, it sounds like the personal injury case generated the check and not the workers compensation claim. If the money was workers compensation, you would have been paid directly. Prior to disbursement of the personal injury proceeds, the attorney may have to get approval of the settlement from the Virginia Workers Compensation Commission. This can easily take 30-45 days. But all these questions should be directed to your attorney.

    5 lawyers agreed with this answer

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

    Answered 4 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

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

    Answered 5 months ago.

    1. Gerald Gregory Lutkenhaus
    2. Tara Candela RN
    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

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

    Answered 7 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

  5. Is the settlement ok?

    Answered 10 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

  6. My worker's comp lawyer tells me to not file for social secur in virginia.won't my ssdi amount be less if i delay fili

    Answered 10 months ago.

    1. Gerald Gregory Lutkenhaus
    2. Bobby L. Bollinger Jr.
    3. John M Connell
    4. Lee Alan Thompson
    4 lawyer answers

    I do Virginia WC law and Social Security Disability law. Your attorney may want you to delay a Social Security Disability application in order to make a stab at settling your case without worrying about Medicare. If you did get SSDI it probably will be reduced now since you are getting weekly WC benefits. However, if you are getting temporary total disability, then in Virginia that would only last 500 weeks so your SSDI reduction would end with the end of the 500 weeks. On the other hand, if...

    5 lawyers agreed with this answer

  7. Once the Appeals Council denies your social security disability case, how long do you have to appeal to the next level?

    Answered 7 months ago.

    1. Stephan John Freeman
    2. Clifford Michael Farrell
    3. Gerald Gregory Lutkenhaus
    4. Chadwick Joseph Lawrence
    4 lawyer answers

    I agree it is 60 days but the appeal is not free unless you can file as a pauper. To have a chance you will need an attorney who specializes in Social Security Disability to take it to US District Court.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Ssi or elder care law my question is i recive a settlerment for personal Injury.I have SSI and medicaid and food stamps.benefits

    Answered over 1 year ago.

    1. Kelly Scott Davis
    2. Gerald Gregory Lutkenhaus
    3. Lars A. Lundeen
    4. Christian K. Lassen II
    4 lawyer answers

    SSI is welfare disability. If you have more than $2,000 in liquid resources then you are disqualified for SSI. It sounds like this settlement is for more than $2,000. On the other hand if you are on Social Security Disability and not SSI your Social Security check will not be affected. You indicate your PI lawyer paid your debts instead of paying you. Pehaps he did this so that the PI settlement would not pass through your hands and you only directly received $1,316.61. The usual rule is if you...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Will any money I have in an IRA effect my application for SSDI? Should any such money first go toward any outstanding debt I ma

    Answered about 2 years ago.

    1. Gerald Gregory Lutkenhaus
    2. Yolanda Navarrete
    2 lawyer answers

    Only SSI (welfare disability) is affected by assets. Social Security Disability is not affected by assets even Warren Buffett can file for Social Security Disavility.

    Selected as best answer

  10. Do I need an attorney for a workman's comp case? What are grounds for filling for workman's comp?

    Answered 5 months ago.

    1. Gerald Gregory Lutkenhaus
    2. Lauren Brady Carroll
    3. Bobby L. Bollinger Jr.
    4. Barry Patrick Agnew
    4 lawyer answers

    This is a tough one. You indicate you have a pre-existing condition that was aggravated by dust on the job. The last case I read that was decided by the Virginia Workers Compensation made the insurer liable for the immediate ER visit but not much else. Hopefully the insurer will accept your claim since the employer has turned it in. I would suggest contacting a WC lawyer as soon as possible.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful