Gerald Gregory Lutkenhaus’s Answers

Gerald Gregory Lutkenhaus

Richmond Workers' Compensation Lawyer.

Contributor Level 18
  1. My mother in law is having issues with her social security

    Answered about 1 year ago.

    1. Gerald Gregory Lutkenhaus
    2. Clifford Michael Farrell
    3. Andrew W. Norfleet
    3 lawyer answers

    Normally, Social Security is not reduced. SSI or welfare disability can be reduced if she has another source of income. You need to state why her benefits were reduced in order for this forum to help you.

    6 lawyers agreed with this answer

  2. Am I eligible Social Security Benefit?

    Answered about 2 years ago.

    1. Gerald Gregory Lutkenhaus
    2. Christopher Daniel Leroi
    3. Jack Justin Adams
    3 lawyer answers

    If you have never had earned income in the USA, then you are not eligible for Social Security which is based on the earnings you made while employed in the USA. You can check to see if you are eligible for SSI (Welfare Disability) which is a program not based on your earnings as a worker in the USA.

    6 lawyers agreed with this answer

  3. I get SSD. My husband gets SSI. We got married and the SSA says that my income is too much so they suspended his SSI.

    Answered over 2 years ago.

    1. Brian S Wayson
    2. Scott Michael Daniels
    3. Gerald Gregory Lutkenhaus
    3 lawyer answers

    Mr. Wayson is correct. What many people do not understand is SSI is not SS. SSI is Weflare Disability. When you are on Welfare, any income of the family unit such as your SSA can disqualify a spouse.

    6 lawyers agreed with this answer

  4. In June 2009 I had hemorrhagic stroke and currently I'm on long term disability. I like to test my ability to work as a TWP.

    Answered almost 3 years ago.

    1. Gerald Gregory Lutkenhaus
    2. Jeremy Lyle Bordelon
    3 lawyer answers

    You indicate you are on long term disability (LTD) benefits. However, you want to come back to work. You should be careful about this. Your wish to return to work is praiseworthy; however, a return to work may terminate your LTD benefits. You did not indicate if you were also on Social Security Disability. If so, you can do a Trial Work Period if you are on Social Security without jeopardizing those benefits. Social Security will disregard income due to a return to work for 9 months. But again,...

    Selected as best answer

  5. I am in the state of Virginia... can I pick the doctor I want because they just gave me one and I am not happy with him.

    Answered about 2 months ago.

    1. Gerald Gregory Lutkenhaus
    2. Meredith Landmann Lawrence
    3. Remington Way Fang
    3 lawyer answers

    In Virginia at the beginning of your claim you have a right to demand a panel of three doctors to choose from. If you don't exercise that right within 30 days and go to a doctor you are sent to then generally you lose the panel right. Check with an experienced WC lawyer to be sure.

    4 lawyers agreed with this answer

  6. Can your employer or anyone for that matter including workers compensation insurance company gain medical records with n consent

    Answered about 2 months ago.

    1. Mark Steven Paullin
    2. Gerald Gregory Lutkenhaus
    3. Carl Nyden Lauer
    3 lawyer answers

    When you file a Virginia Workers Compensation claim, your medical history is an open book. The privacy law is waived. The insurer has the right to check to see if your injury is valid or is a pre-existing condition. Depending upon your type of injury, the insurer will decide how big a search it will make.

    4 lawyers agreed with this answer

  7. I will be 62 in April and wanted to work for several more years. I am a nurse in Virginia. I had to apply social security bec

    Answered 4 months ago.

    1. Gerald Gregory Lutkenhaus
    2. Vance Tate Davis
    3. Jamie Lynn Karek
    4. D K Kevin Dugan
    4 lawyer answers

    Yes, you can apply for unemployment. This is the current Virginia Rule: Your benefits may be reduced by the weekly amount of any pension, retirement pay, annuity, Worker's Compensation, or other similar periodic payment that you receive from your most recent employer of 30 days or 240 hours or more, or from any employer in the base period of your claim. You will be asked to provide the amount and source of any of these payments when you file your claim. Failure to report changes in your...

    4 lawyers agreed with this answer

  8. SSDI

    Answered 4 months ago.

    1. Gerald Gregory Lutkenhaus
    2. James K Brownell
    3. Ashley Dawn Marks
    3 lawyer answers

    You do have to be careful. In 2014 you cannot earn more than $1,070.00 per month. If you do it is considered substantial gainful activity (SGA) and automatically disqualifies you from Social Security Disability.

    4 lawyers agreed with this answer

  9. Vocational Rehab Counselor, in VA giving me a hard time, not helping me find job which I am qualified for.

    Answered 4 months ago.

    1. Lauren Brady Carroll
    2. Jamie Lynn Karek
    3. Anna Potapova Ernest
    4. Gerald Gregory Lutkenhaus
    5. Peter Michael Sweeny
    5 lawyer answers

    I have practiced Virginia WC law for 35 years. The quickest way to lose your compensation is non-cooperation with vocational placement. You should do all the is required. You never know if a prospective employer wiil/will not make accommodations for your partial disability. You can contact the Virginia Department of Rehabilitation and get their recommendation and evaluation for a new career. You can contact your local community college and get their evaluation. If new training is recommended,...

    4 lawyers agreed with this answer

  10. My wife have Fibromyalgia ant she is not working and have child and we are refugee Can she Get Disability With Fibromyalgia

    Answered 7 months ago.

    1. Christian K. Lassen II
    2. Gerald Gregory Lutkenhaus
    3. Cheryl F Coon
    4. Clifford Michael Farrell
    4 lawyer answers

    Whether she can file a claim depends upon your legal status. If she is an undocumented alien, she may not be able to file. If you have income it may disqualify her to file for SSI. If she has not worked, she cannot file under her own number. You need to provide more information.

    4 lawyers agreed with this answer

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