Gerald Gregory Lutkenhaus’s Answers

Gerald Gregory Lutkenhaus

Richmond Workers' Compensation Lawyer.

Contributor Level 18
  1. 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 over 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.

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  2. Do I need an attorney because my company fired me while I was on worker's compensation?

    Answered 18 days ago.

    1. Jan Freerk Hoen
    2. Gerald Gregory Lutkenhaus
    3. Jamie Lynn Karek
    4. Bradley J. Jones
    4 lawyer answers

    I have practiced Virginia Worker's Compensation law for 35 years. Unfortunately, I can tell you Virginia does not provide any job protection when you are returned to work without work restrictions. You indicate you were cleared to return to work. I take this to mean you have no work restrictions. Virginia follows the "employee at will" doctrine. This means there is no guarantee of employment in Virginia. If you believe you still have work restrictions due to this accident you will need medical...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered about 1 year 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.

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  4. Can the credit card companies take my social security, retirement or my deceased husbands civil service pension?

    Answered over 2 years ago.

    1. Gerald Gregory Lutkenhaus
    2. Susan A. Wuchinich
    3. David J. McCormick
    3 lawyer answers

    I have practiced Social Security law in Virginia for 35 years. I can tell you your Social Security check cannot be attached. I would be careful about your bank account. If monies are co-mingled in that account, it is possible the account would lose the individual protection of such laws as the ones that protect Social Security checks. Contact your local legal aid society for more assistance. The legal aid society in Richmond can be contacted at (804) 358-4766.

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  5. I get a settlement amount of $1200 per month from w/c in NY. When I qualify for ss, will it lower my wc payments?

    Answered over 1 year ago.

    1. Gerald Gregory Lutkenhaus
    2. Leonard Bernard Feld
    3. George Ellis Corson IV
    3 lawyer answers

    There is no offset if you get Social Security retirement benefits such as at age 62. However, if you get Social Security Disability there is a potential offset if the combination of your WC benefits and SSDI benefits exceed 80% of what Social Security to be your average weekly wage. If it exceeds the 80% figure than your Social security Disability will be reduced for each dollar it goes over the 80% maximum. If you can choose between early retirement at age 62 and disability talk to an attorney...

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  6. My father died. After his death, his lawyer won an appeal for a SSA disability payment. Do I have an obligation to the lawyer?

    Answered over 2 years ago.

    1. Gerald Gregory Lutkenhaus
    2. Antonio L. Viera
    3. Timothy A. Provis
    3 lawyer answers

    I have practiced Social Security Disability law for 35 years. In your situtation the money goes to your father's estate. Typically, when an attorney is involved, the SSA will withhold 25% to pay the attorney.

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  7. I am on social security disability and I have a workman's comp lawsuit, what has to be done so my social security benefits

    Answered about 1 month ago.

    1. David Millard Cohen
    2. Gerald Gregory Lutkenhaus
    3. Dennis Alan Palso
    4. Lloyd A. Pont
    5. Howard P. Rovner
    5 lawyer answers

    First, if you are on Medicare, then Medicare has to approve any settlement where the WC settlement terminates your medical coverage for the injury. This is often done by the insurer by proposing a medicare setaside account to Medicare. Medicare can accept the insurer's figure or raise it higher which it often does. Second, the WC settlement has to be prorated over your life expectancy so that your future Social Security Disability payments are not affected. You should consult an attorney who...

    6 lawyers agreed with this answer

  8. What happens when employer doesn't pay fica, unemployment insurance and workman's comp? Can former employee still collect?

    Answered about 1 month ago.

    1. Jon Friedman
    2. Gerald Gregory Lutkenhaus
    3. John M Connell
    4. Leon Marc Greenberg
    5. Bobby L. Bollinger Jr.
    5 lawyer answers

    Talk immediately to the Unemployment Commission in your state. The problem you will run into is can you prove you were working for this employer if he did not pay into the system. This same thing holds true for workers compensation and FICA. Of course, the employer has probably violated state and federal law by not paying into unemployment, WC and FICA. If you were injured on this job, then you need to talk to your state workers compensation commission. They may have an uninsured employers fund....

    6 lawyers agreed with this answer

  9. I have a lawyer for social security but I am not happy with her she don,t return call

    Answered 2 months ago.

    1. Ethan K. Pham
    2. Gerald Gregory Lutkenhaus
    3. Lloyd A. Pont
    4. Ravi R. Gurumurthy
    5. Harold W. Conick
    5 lawyer answers

    I agree with Mr. Pham. It is true if your current attorney will not waive his/her fee then it will be difficult to find another lawyer. You may want to ask for a meeting with your current lawyer to work out your differences.

    6 lawyers agreed with this answer

  10. Working part time under SGA and receiving social security disability

    Answered 3 months ago.

    1. Lloyd A. Pont
    2. David Samuel Simon
    3. Gerald Gregory Lutkenhaus
    3 lawyer answers

    If you work part time be aware, this could trigger a review of your Social Security Disability status. Are you really disabled? Or are you keeping your hours down just to remain eligible? Also, if you gross more than a thousand a month you run the risk of disqualification for exceeding SGA. It is a dangerous business.

    6 lawyers agreed with this answer

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