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Gerald Gregory Lutkenhaus
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Gerald Lutkenhaus’s Answers

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  • What are the consequences of earning more than the allowed salary while receiving SSDI, and failing to report salary?

    I have been receiving SSDI for a few years, never earning more than the allowed $1130 a month. I never notified SSA, they always contacted me via mail concerning my earnings. However, I went back to my previous career before I received SSDI, and a...

    Gerald’s Answer

    At some point your increased earnings will be reported to Social Security. You then will receive a notice cutting you off and asking you to "pay back" all the money you received from SSA while you were no longer disabled. Soon as you earned more than what is allotted you are no longer considered disabled. So, you may owe the SSA a lot of money.

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  • Do I have a case?

    My foot was rolled over by a coworker driving a forklift wearing earphones so he couldn't hear me hollering as he sat on my foot and my toe was fractured. I was fired because they said my blood alcohol level was high but I had been drinking energy...

    Gerald’s Answer

    You may have a workers compensation claim unless your blood alcohol "caused" the accident. If after the injury, you were capable of Light Duty Work the employer may claim they did not have to offer it to you because of your "misconduct" in having alcohol in your blood. What was the alcohol content in your blood? Were you legally drunk? Most employers have a safety rule prohibiting work while under the influence of drugs or alcohol. I don't think a high energy drink "with caffeine" would cause you to register an "alcohol" level on a test.

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  • Disabled Child - No Diagnosis

    Evening! My 13 year old is disabled both medically and mentally. On the medical side she and 5 other children in the world have an unknown disease that makes them unable to walk. Muscle weakness, severe neuropathy. We've taken every genetic te...

    Gerald’s Answer

    You indicate your child has a disease that only 5 other children have. If a doctor agrees with this, then you do have a diagnosis. You indicate a doctor performed surgery in New Mexico. That doctor must have had a reason for the surgery. If her physical problem has been corrected, then I guess you are asking whether or not her mental problems disable her? You can contact an experienced Social Security Lawyer in your area but you will need the 100% support of her psychologist or psychiatrist if you claim a disability based on a mental problem. It would be easier to obtain disability based on the severe neuropathy if you can get a doctor to support that diagnosis.

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  • Can I get disability checks again?

    I used to get disability checks, last year I think it was last year and now I don't get it no more and I still have problems reading, understanding things, seeing far away without glasses on, spelling, pronouncing words and syllables, and I stutte...

    Gerald’s Answer

    If you used to get Social Security Disability checks but don't get them anymore, then usually something happened: it could be you returned to work or doctors concluded you were no longer disabled. You should contact Social Security and find out what happened. You may have gotten a notice and disregarded it. You may be able to contact Legal Aid in your state for assistance.

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  • Is there any possible way to live on your own and go to college and receive SSI benefits

    i am 20 and receiving disability benefits however i have a payee who is not giving me all of the money i am supposed to be receiving and wont help me do or pay for anything that i need transportation , hygiene, food clothing , medical apts. i hav...

    Gerald’s Answer

    You can talk to the Virginia State Department of Rehabilitation about your desire to go to college. Since you are impaired and on SSI you are automatically eligible for this service. Call 1-800-552-5019. You can contact the Social Security Administration about changing payees. If you are mentally disabled, it may be difficult to be your own payee.

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  • I am nervous and anxious going back after this event and especially after I rec'd no support. Is this a matter for workers comp?

    MASS: I am front desk manager a a 2 hotel complex. The property has been sold and acquired 2 times in the last 3 years with new policies, management etc... They have lowered the rates so now we get folks in who seek a low cost room... there is ...

    Gerald’s Answer

    Work stress is generally not compensated under workers' compensation rules. However, if you have had a specific shock to your system due to this incident there is a possibility. I am not sure if this can raise to the level of post traumatic stress disorder (PTSD). You may want to seek medical treatment with a mental health professional and then talk to a WC lawyer.

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  • Workers comp insurance and their possible denial of coverage.

    I'm a security officer working in the private sector and part of my job is dealing with aggressive and potentially violent people. I have two questions please. First Question: If I am assaulted in the process of my security job and become injured...

    Gerald’s Answer

    Yes you should be compensated by workers compensation insurance if you are assaulted in the work place. if criminal charges are brought against you, then it is possible the workers' compensation insurance carrier will deny your claim on the grounds the injury arose out of an intentional act on your part. If you have concerns, you should discuss this with the workers' compensation carrier for your employer and the safety director at your place of employment.

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  • Federal workers compensation not receiving benefit

    Was receiving federal workers comp.(w/c) It was stopped about 2 months ago. Due to I got a 2nd job at a parking lot. I did informed w/c after finding out that I needed too report 2nd income. Was asking when I was due a w/c check? Was told it was ...

    Gerald’s Answer

    As others have said, very few lawyers handle federal workers compensation claims. That being said you can do a google search for that type of lawyer in your area. You normally cannot be paid twice. If you are working, then you may not be eligible for WC payments. You need to discuss this with an attorney who does federal WC as soon as possible.

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  • What are my options if anything?

    I twisted my ankle while at work July 31, 2015. I was not given time off, which I found was common practice, to heal. I wasn't given crutches and had to buy my own brace. Finally had an MRI and saw a specialist. This one was going to operated b...

    Gerald’s Answer

    I agree you may have two claims: workers compensation and medical malpractice. The medical malpractice claim may be too small for a malpractice lawyer to take. As for the workers' compensation claim, you need to check with the Virginia Workers' Compensation Commission to see if (1) your accident of July 31, 2015 was recorded with the Commission and if (2) an award of compensation or medical benefits was entered in your case. The Commission number is 1-877-664-2566. From your history, it does not appear you missed any time from work that was compensated. If you take off work on your own and are not taking out of work by a doctor, the insurer will not compensate you for this lost time. You need to discuss your case with an experienced workers' compensation lawyer as soon as possible.

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  • What should I be doing next. I would appreciate any advice?

    I was making biscuits at Hardee's and washing all of the shift dishes and cleaning my corner every day that I worked. I had started hurting in my neck, down into my left shoulder, down into my elbow and down into my left wrist and hand, also the p...

    Gerald’s Answer

    .The state of Virginia does not recognize an "accident" that occurs over a period of time. An injury that results from repetitive motion over a period of time is also not considered an "accident" under Virginia law. Thus, the lifting of the pan of biscuits on February 20, 2016 must be the compensable "accident" I'm your case. If you felt a sharp pain at that time, this would be consistent with a herniated cervical disc. Hopefully, the MRI will reveal the problem. Tendonitis and carpal tunnel syndrome are typically repetitive motion problems that are not compensable under Virginia law. If the MRI reveals a herniated disc, then hopefully the insurer for Hardee's will accept the claim (at least for the neck) if nothing else. You should certainly contact an experienced workers' compensation lawyer in Virginia. I base this opinion on 35 years representing workers compensation claimant's in Virginia.

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