Author: plumwd

How Does the Social Security Administration Decide If I Am Disabled?

Posted on by plumwd

I meet with people who need Social Security Disability Benefits two to three times a week.  Usually, they have already applied, and have been turned down.  They are disappointed and frustrated.  They worry about how they are going to take care of their families.  Almost everyone says, in one way or another, “I know a guy who gets the benefits and he is not even disabled, and I can’t work, how is that fair?”  I always say, let’s not worry about the other guy, let’s worry about you.  I then tell them about the rules the Social Security Administration uses to determine if a person is disabled. 

Most people who need disability benefits have been injured in one way or another. Some have been in car accidents with drunk drivers.  Others have been injured in a constructions accident or been in a highway accident with a semi tractor trailer.  Motorcycle accidents, vehicle accidents, electrocution, burns, it does not matter.  The injuries can be far ranging.  They include spinal cord injuries or back injuries resulting in paralysis such as paraplegia, quadriplegia, disc herniation, disc injuries, and brain injuries. Some people have heart problems, breathing problems, psychological problems.  It does not matter why the applicant has the problem.  What is important is that the person can prove, with objective medical evidence (we have discussed objective medical evidence in previous blog), they have the problem they claim to have. 

The Social Security Administration (SSA) will follow a five step process to determine if you are disabled: 

1. Have you worked since you claim to have been disabled? 

2. Do you have a medically determinable impairment? 

3. If you have an impairment, is it severe, and does it meeting a listing? 

4. If you do not meet a listing do you have the residual functional capacity to work your former job(s). 

5. If you can’t do your past work, can you do any other type of work? 

This five step process is set out in the Code of Federal regulations at sections 404.1520 and following for Title Two Disability, and 416.920 and following for Title Sixteen SSI.   If you have one of the listed illnesses, injuries or disease, and it is severe enough, you will be found to be disabled.  The listings can be found 20 CFR Part 404, Subpart P, Appendix 1.  CFR stands for Code of Federal Regulations.  Type 20 CFR Part 404, Subpart P, Appendix 1  into any search engine and the listings should pop up. The listings are broken down into 14 categories which include Musculoskeletal, Special Senses and speech, Respiratory,  Cardiovascular, Digestive, Genitourinary, Hematological, Skin, Endocrine, Neurological, Mental, Cancer, Immune System.

I have 21 years experience with these listings.  I have represented hundreds of claimants.  I have personally represented claimants in over 400 hearings.  I handle the cases myself.  When you hire me, I do the work.  I don’t hand you off to a paralegal.  When you call, you get me, or I call you back.  I make house calls and represent people all over the State of Indiana.  Give me a call. I can help.

What an Injury Trial is Really Like – Part 3

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Now that we have picked our six person jury, we are ready for the “Opening Statement”.  Please take note of the word statement as opposed to the word argument.  This is not an argument.  It is each party’s opportunity to tell the jury what they think the evidence will show.

A good accident attorney or accident lawyer knows the opening statement is not the time to try and convince the jury that their side is right.  It is the time for each party to give the jury an outline of what the evidence will show.  The opening statement is the story of the case. An experienced car accident attorney will tell the jury the rule of the case.  One example is that a person must never drink and drive.  A drunk driver causes car wrecks – that is why it is a rule.  Another rule might be that a semi tractor trailer must drive the speed limit to avoid a highway accident.  The reason for this rule is the semi tractor trailer ignores the rule it causes a fatal accident, a wrongful death case.

After the rule(s) is set out, the jury is told what the defendant did.  An example might be that the defendant was a drunk driver and pulled out in front of a motorcycle causing the motor cycle accident.  Another example might be that the power was not cut off to the electrical wires causing a construction accident where the person suffered electrocution.

The next part of the story is why the defendant was the cause of the injury. The last part of the story is the harms and losses caused by the defendant’s negligence.  This might include a brain injury.  It could be a spinal cord injury or a back injury.  You might be a paraplegic or a quadriplegic.  You might have a burn injury.  Whatever the injury, you have medical bills and you have lost wages.  You might not be able to return to work.  You are worried how you are going to be able to feed and cloth your kids, and be able to pay your medical bills. And finally, and most importantly, how the injury affects your ability to enjoy life.  The opening statement is concluded by informing the jury what the parties believe is fair compensation.

Next time we will discuss the sequencing of how the evidence is presented.

What an Injury Trial is Really Like – Part 2

Posted on by plumwd

When we last left off the jury had seen the video and was on its way to the court room to see if they were going to be on the jury. For those of you who missed our first in this series, I offer a little review.

I’ll begin by resetting the stage: You are in a car wreck with a drunk driver. You are in a truck accident with a semi tractor trailer.  You are riding a motorcycle and are in a highway accident. You are in a construction accident. You are injured.  The injury could be a brain injury.  It could be a spinal cord injury or a back injury.  You might be a paraplegic or a quadriplegic.  You might have a burn injury.  What ever the injury, you have medical bills and you have lost wages.  You might not be able to return to work.  You are worried how you are going to be able to feed and cloth your kids, and be able to pay your medical bills.

The insurance company for the person who was negligent, and caused you injury refuses to compensate you fairly for the injuries, medical bills, lost wages and the loss of the ability to enjoy your life.  Your claim must be resolved by a civil jury trial.  Remember, it is a civil jury trial, not criminal.  This means no one is going to jail.  In fact the person who is hurt is not claiming, in most trials, that the person who caused their injuries did it on purpose.  What the injured person is saying is exactly what you mother told you when you broke some window, or spilled your milk:  The harm you caused occurred because you were not careful, it is your fault and your responsibility to make up for the harm you caused.  This is true whether the person was in a road accident or an industrial accident.

The group of potential jurors is seated in the court room.  At this point in the proceedings the group is called the venire.  They are asked to stand by the judge and asked to take an oath to honestly answer the questions put to them by the judge and the attorneys for the people involved in the law suit. The judge will then explain to the potential jurors that this part of the jury trial process is called voir dire.  This is just a Latin term meaning to speak the truth.  The judge tells the jurors the basic outline of how the trial will be run.  The judge will then ask the jurors a series of questions to determine there ability to serve as a juror.  Generally the judge covers the issues dealt with under the statutory reasons why a person cannot be a juror.  We discussed this last time. If the judge allows the persons to remain as potential jurors, 12  to 15 people will be placed in the jury box seats and the attorneys for the people in the lawsuit will be able to ask them questions.  The idea is to try and find six jurors (yes six, it used to be twelve but that changed more than 30 years ago) who can listen to the evidence and be fair to both parties and return a fair and just verdict. 

A good accident lawyer or injury attorney knows that a juror who cannot be fair has no place on the jury.  After the questioning, the lawyers select the persons they think can be most fair.  This part of the jury trial can take anywhere from 2 to 8 hours depending on the judge and the complexity of the case. Once the jury is selected, the next step in the process starts.  This is called the opening statement.  We will up there next time.

What an Injury Trial is Really Like – Part 1

Posted on by plumwd

A civil injury jury trial is nothing like what you see on TV.  Usually there is no one in the gallery.  The press is usually not stationed outside the door.  The lawyers are not usually yelling at each other, the witness or the judge.  If the trial is being conducted by a competent Judge, and a good injury lawyer, the trial can be fascinating.

Let’s set the stage.  You are in a car wreck with a drunk driver. You are in a truck accident with a semi tractor trailer.  You are riding a motorcycle and are in a highway accident. You are in a construction accident. You are injured.  The injury could be a brain injury.  It could be a spinal cord injury or a back injury.  You might be a paraplegic or a quadriplegic.  You might have a burn injury.  What ever the injury, you have medical bills and you have lost wages.  You might not be able to return to work.  You are worried how you are going to be able to feed and cloth your kids, and be able to pay your medical bills.

You hire a good accident lawyer.  The good injury lawyer knows that any case can go to trial.  He prepares the case by doing a thorough investigation (see December Blog entries for a discussion of why an immediate investigation is essential) and talking to the witnesses.  After a complaint is filed, the case goes through discovery and then an attempt at settlement is made. If the defendant’s (the person who was negligent and caused your injuries) insurance company will not offer to compensate the injured person fairly, a jury trial is the next step.  Remember every car and truck has liability insurance and every contractor has insurance.  In fact in every trial where a person is injured and the injured person is asking for fair compensation the person who was negligent has insurance. Unfortunately the insurance companies will not let the accident attorney tell this to the jury so I am telling you now, remember it. 

The jury trial takes place in the county court house.  The court sends out summons to prospective jurors.  These folks come to the court house on the proper day.  They watch a video about the jury trial process and then they wait to see to which Court they will be assigned.  Just because they are being sent to any court does not mean they will be jurors.  The judge will ask questions of the group.  If the prospective juror knows any of the parties, or is being represented, or has been represented, by either of the lawyers, if the prospective juror is over 65, is in poor health or cannot hear, they will be excused from jury duty.  There is a list of reasons why a person will be exempted from duty.  If you are not in one of these groups the process continues.  We will pick this discussion up in our next blog.

What Structured Settlements are and Why Selling One is a Bad Idea

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When a Hoosier or their family member is seriously injured in any type of trauma situation, such as a car wreck with a drunk driver, a highway accident with a semi tractor trailer, a road accident, a motorcycle accident, a construction accident or a fatal accident, qualified accident attorneys and accident lawyers know that a structured settlement may be the best thing for a person.  Think about what happens to a person who is seriously injured. The injury might be a brain injury and they cannot take care of themselves or their money.  The injury might be a spinal cord injury which makes the person either a paraplegic or a quadriplegic.  If this is the case the injured person is going to have a lot of future medical bills.  What if the injury is an amputation where the person will have to buy a new prosthetic arm or leg every few years, not to mention wheel chairs and other adaptive equipment.  What if the injury is a wrongful death of a working mother of two small children.  Those children are going to need money all through their childhood and even into young adulthood.

A structured settlement of any or all compensation is a valuable tool for protecting money you will need well into the future.  Think about a child who turns 18, and gets a bunch of cash.  That kid is going to blow all that money.  He/she will blow the money on things that will not last, like a new car.  They might spend it on drugs and alcohol.  They might spend it on new toys like an off-road vehicle.  What they are unlikely to do is invest the money so that it will be there for them when they need it, to get married, pay for their education, start a business, or a lot of other things that will help that child live comfortably.

A structured settlement is money from your compensation that is invested in an annuity, more likely than not with a large bank or insurance company.  The money is paid out, over time, with interest.  The plans can be set up any way you want, it depends on the need.  If the person who is going to receive the money is a child, it may be set up to pay out enough money each year to pay for college.  The rest may be paid out over time to help start a business or pay for a house.  If the person who is getting the money has future medical costs, and is not able to work, the money can be paid out every year just like receiving a paycheck.  Smart injury lawyers know how to set up these settlements so that the interest earned off the money invested is paid out tax free.

You see companies advertising on TV telling you “It’s your money, use it when you want.”  What they are not telling you is they will only pay a fraction of the true value of the structured settlement.  This cheats the unsuspecting injured person out of the money and the security of having future payments.  The people on TV smile and tell you they want to help.  What they really want is your structured settlement at a cheap price.  After all they are in it for the money.  Do not sell to them.  Counsel others not to sell to them.  A structured settlement can be a great thing.  Let it work for you.

What Can I do To Improve My Chances With Social Security?

Posted on by plumwd

I am in my office, and as I write, a client is sitting in the waiting room to talk about his social security claim.  No, I am not being heartless, he showed up a half hour early because he is anxious about his claim.  I do not blame him.  The system can be overwhelming.  The Code of Federal regulations book which outlines the Social Security rules and regulations is two inches thick and the print is font size 8 or 10.  Believe it or not I have read all or most of it over the last 21 years of representing people before the social security administration.

What helps the most in improving your chances of getting your benefits is to have  proper medical treatment and proper medical documentation.  I have had to tell many, many clients, I believe you, but the Social Security Administration will not give you benefits unless you can show medical evidence of the problem.  The best evidence is objective evidence of a physical problem.  If you have a disc problem (back injury or spinal cord injury), an MRI or CT scan demonstrating that problem is best.  If you have a breathing problem, pulmonary function tests (FEV, DLCO) are essential.  If you have a heart problem, proper heart imaging including EKG and cardiac catheterization or echocardiogram are essential.  If you have peripheral neuropathy, an EMG is essential.  No matter what the condition, if an objective test (a test that shows the problem without you being able to affect the outcome of the test) is by far and away the best and improves your chances of obtaining your benefits.

Some problems do not lend themselves to objective tests.  Brain injury often requires evidence of a neuropsychological test.  This test is not perfectly objective, but does carry a lot of weight.  If you have a psychological condition, proper treatment from a psychiatrist and counselor are essential.  This means on ongoing course of treatment, not just seeing them every so often.  A lot of times, people with depression just get medications from their family doctor.  This is fine, but if you have a disability claim with the SSA, I recommend that you see a psychiatrist and a counselor on a regular basis.  This will enhance your chances of getting your benefits.

At Young and Young, John P. Young has represented claimants before the Social Security Administration for more than 21 years.  He handles the claims personally.  When you call John, you talk to John. John will be at your hearing with you.  Give him a call.

I have a Headache – Was it Caused by my Accident?

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You are in a car accident.  Your head moves forward real fast and then backward real fast, but it does not hit anything.  You are not knocked unconscious, but you feel ok.  This can happen in a motorcycle accident, a highway accident, and accident with a semi tractor trailer.  These kinds of traffic accidents happen all the time.  You may have a back injury, or a spinal cord injury or other kind of injury.  You go to the hospital and they check your head, but find nothing wrong.  After a couple weeks your other injuries are starting to get better.  Now, though, you are starting to have headaches.  You have had headaches in the past, but these are a little different.  They come on frequently and they ruin your day.  You may have nausea and vomiting.  You may see lights before the head ache hits.  Are these headaches caused by the road accident or car wreck with the drunk driver?  The answer is they may be.

 

First, the pain you feel from these headaches is not like pain from the brain.  The pain is most likely from irritation of the lining of the brain within the skull. There are many reasons why you might have a headache after a car wreck, even though you were not knocked unconscious.  Headaches caused by a truck accident, or any other type of trauma, are generally caused secondary headaches.  That is the headache is secondary or caused by an event such as a collision.  Therefore, it is very important that if you develop headaches after an accident, you need to go see your doctor and let the doctor know what is going on.  This will allow the doctor to properly observe your condition and prescribe the best treatment.  Treatment can range from medications and rest, to chiropractic treatment, to other remedies such as biofeedback and acupuncture.

If I am Hurt and My Health Insurance Pays my Bills Do I have to Pay Them Back?

Posted on by plumwd

Did you see the Jets play the Chargers the other day?  The Jets had a defensive lineman who broke his hand midway through the game.  He went to the sidelines where they taped him up and sent him back into the game.  He looked like he had a big black club at the end of his arm.  He could play defense but it was hard for him to grab onto the opposing quarterback, David Rivers.  As a Colts fan, I hope Peyton Manning doesn’t get clubbed by the guy.  The point I am trying to make though has to do with insurance, not the injury itself. 

If you are in a car wreck, highway accident or a motorcycle wreck with a drunk driver, chances are high that you are going to go to a hospital.  If you are hit by a semi tractor trailer your injuries can be quite severe.  They may include a back injury, spinal cord injury, paralysis, brain injury, amputation or severe burns.  Good accident attorneys and injury lawyers know that traffic accidents are a major cause of injury and lost productivity in the United States.  One of the first things you will be asked at the hospital is for your insurance information.  Which one of the three potential insurances do you give them?  You will be tempted to give them the insurance company for the person who caused the road accident.  The immediate problem with this is you probably do not know the name of that company when you are in the hospital.  Good accident lawyers can obtain this information for you, but when you are the hospital, you will not know.  That is okay, the liability insurance carrier for the person who caused the traffic accident will not pay your medical bills as they come due.  The insurance company for the person who caused the vehicle accident will only pay you a one-time settlement, and only if you sign a full release.

This leaves you with the two other kinds of insurance available to you, your health insurance and the medical payments insurance on your car.  In previous blogs we discussed what Medical Payments Insurance is, we will not address that here.  We really do not need to discuss the difference between the two types of insurance here, because the obligation to pay these insurance carriers back is the same.  The fact is you give the hospital one or the other of these two types of insurance and these insurance carriers will pay your medical bills. Now to the heart of the matter- do you have to pay either or both back when you settle your claim with the insurance carrier for the person who caused the motorcycle accident?

The short answer is probably yes.  Most policies contain a subrogation paragraph.  Subrogation is just a fancy word meaning obligation to reimburse.  The paragraph states something to the effect that you agree to reimburse your insurance carrier out of any money you receive from the person who caused the fatal accident.  So how much do you have to repay?  The maximum you will have to pay (this discussion does not apply to an ERISA health program) is 66 and 2/3% of the amount the health insurer paid.  This is because of the existence of Indiana Statutes which require the company requesting repayment to share the cost of collecting your money (I.e. attorney fees).  If you were partially the cause of the highway accident, or there was not enough insurance available to compensate you for the entire amount of your injuries, the company claiming reimbursement will have to accept even less.  This is because you are not being fully compensated, so the insurance company claiming reimbursement is not entitled to being fully repaid. 

If you collect nothing from the person who caused the accident then you do not have to repay your health insurer anything.  Next time we will discuss construction injuries and workers compensation issues.

If I am Injured, How do I Know Which Doctor Do I Go To? Part Four

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In our last three blogs we have discussed the different kinds of doctors who can be helpful if you have been injured in a car wreck with a drunk driver, or in a traffic accident, or highway accident with a semi tractor trailer or a motorcycle accident.  This discussion applies equally to people who have been in a construction accident.   The types of injuries we discussed include brain injury, severe burns, electrocution, amputations, paralysis, spinal cord injury and back injuries.  While knowing what type of doctor treats what kinds of injuries is very important, did you know that there are different types of hospitals that treat different types of injuries?  Knowing this, and knowing which type of hospital is best for you can be as important and your doctor. 

 We start first with acute care, and post acute care hospitals.  Acute care hospitals are those hospitals that treat immediate injuries and conditions and there short term consequences.  The goal of the acute care hospital is to get the patient stabilized, so that proper treatment can be rendered to address the patient’s medical issues. The word acute simply means having short and relatively short duration. Thus the patient who has been injured in a car accident or is injured in a construction accident is going to be taken to an acute care hospital.  

There are different types of acute care hospitals.  They are divided by levels.  A level one trauma center is the most prepared for significant trauma patient.  Indianapolis is fortunate enough to have two level one trauma centers, Wishard Memorial Hospital and Methodist Hospital.  The most severely injured patients will go to one of these hospitals.  As the ability of the hospital to deal with significant trauma decreases, their level increases.  Many hospitals are not equipped to deal with significant trauma, and the patient is likely to be transferred by either ambulance or helicopter to the level one trauma centers. 

After your stay in an acute care hospital is complete, you may be transferred to a post acute care hospital.  These hospitals are typically referred to as rehabilitation hospitals.  These hospitals specialize in helping patients adapt to life after their injury.  They do this by offering many types of rehabilitative therapies, including occupational therapy and physical therapy.   Many spinal cord injury, brain injury and amputation injury patients become patients at a post acute care hospital. 

Qualified accident attorneys and injury lawyers know the difference between these types of facilities, and will work with you doctors and hospital staffs to fully understand your needs and requirements.  Young and Young is dedicated to helping you and your family deal with severe injuries.  We have been since 1954.  Give us a call, we can help.

If I am Injured, What Kind Of Doctor Do I Need? Part Three

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What is the difference between a family practitioner and an internist?  If you are in a construction accident, or a car wreck with a drunk driver, or hit by a semi tractor trailer in a highway accident chances you are going to be injured. If you are injured, considering what kind of doctor you will need is important.  How do you know who is best to treat a back injury.  How do you know who is bests to treat a spinal cord injury, amputation, paralysis, brain injury?  These are all tough decisions.  First, rely on your doctors.  Just as you would never look for a qualified injury attorney or accident attorney by calling an advertiser, you don’t seek your doctor by waiting for a TV commercial to tell you who is qualified.  Heck being on TV only means you paid for the ad, anyone can do that.  Ask your friends who they use, do they trust them etc. 

A Family Practitioner generally treats both adults and children.  The family practitioner has completed medical school and a family practice residency before starting their practice.  An internist generally only treats adults.  An Internist has completed medical school, and an internal medicine residency.  Most specialists, such a cardiologists (heart), pulmonologists (lungs), nephrologists (kidneys) begin as internists and then take addition education and obtain additional experience in their specialty. If you are hurt in an auto accident, both the family practice doctor and the internist are qualified first line of defense doctors.  I think what you are really most interested in is a doctor who is talented as a diagnostician.  This means that the doctor has the ability to quickly analyze your symptoms and signs and zero in on the cause of the problem.  Once the problem is detected it can be treated.  Your doctor should also have access to a list of qualified specialists if your injuries require additional care.

Which Doctor Do I Go To If I Have Been Injured? Part Two

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Last time we talked about the hospital process and who to go to after you get out of the hospital.  Now let’s talk about specialists and what they do, and the different kinds of hospitals there are.  When you have been in a car crash with a drunk driver, the type of doctor your see is very important.  It is also very dependent upon your type of injury.  This blog is not an attempt to tell you which kind of doctor to go to – that is a doctor’s job.  This blog talks about the kinds of specialties that exist and what they treat.  A neurologist is a wiring specialist.  Your wiring starts with your brain, continues to the spinal cord, leaves the spinal cord and continues to all the different parts of your body.  Your nerves help your muscles move and they help you sense the world around you by carrying messages from all over your body to your brain for processing.  If you have a brain injury, a spinal cord injury, or any injury to the nerves in your body, you will see, among other doctors, a neurologist or a neurosurgeon.  If you have had an amputation, nerves have been severed and you will probably be seen by a neurologist.  

If you have a back injury in a highway accident with a semi tractor trailer you may see an orthopedist. An orthopedist is the nuts and bolts doctor.  Orthopedists treat bony injuries.  If you have a broken vertebrae or other broken bones in your body, an orthopedist may see you.  Orthopedists also treat some kinds of soft tissue injuries, like a disc injuries, cartilage injury or ligament injury.  Orthopedists perform surgery and other types of work on your body. 

If you have been injured in a car wreck and hurt your back, you may see a Chiropractor.  Chiropractors are Doctors of Chiropractic, and that is why they have D.C. after their names.  Chiropractic medicine is based, very generally, upon the theory that as long as your spine is in proper alignment, you should feel fine.  If, however, the spine gets out of alignment (sometimes called a subluxation) from a construction accident, or a car accident, then the nerves can become affected such as being pinched or dinged.  This can cause pain. The can also interfere with their ability to transmit information.  A Chiropractor attempts to manipulate the spine to coax it back into realignment, in order to eliminate pain. 

In Part Three we will continue with this discussion.  Remember a qualified accident lawyer or injury attorney will not attempt to direct your medical care.  Instead, he/she will ask the doctor to tell him/her the problem and what can be expected in the future.

If I am Injured, How do I know What Kind of Doctor to go to?

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You are on your way to the store.  You are mentally reviewing your list.  The light turns green, you start to move into the intersection and POW out go the lights.  When you come to, you don’t recognize where you are.  There are people around you talking to you but what they are saying does not really make sense.  You come to realize you have just been in a car wreck with a drunk driver.  You feel back pain.  You wonder do I have a back injury, do I have a spinal cord injury?  You try to move your arms and legs, you are worried about paralysis.  You know that people are telling you not to move, but it is like you are in a dream, with smoke, and vapor before your eyes.  Do I have a brain injury?  You cannot feel your foot, is it still there?  Has there been an amputation?  You feel your heart start to race, and your breath is getting shallow, but is much faster.  You are on a stretcher, being put into an ambulance.  At the hospital you are checked out, starting to feel a little more like yourself, but you are sore, and scared.  What is in store in your medical future?

In most hospitals, when you are released, whether from the Emergency Room, or from the hospital you will receive instructions about what to do.  The instructions are both general (you may feel pain for the next few days) to specific (you have suffered a brain injury, you should see your doctor if you have the following symptoms).  What you are really being told is that the hospital is likely only the first step on your road to recovery.  It is essential to bear in mind, for the benefit of your health, that you should always do your very best to follow the medical recommendations you receive.  Some people (men more likely than not) will put on the tough guy face and think they will “power” through it.  They think, “I’m tough, I don’t need a doctor”.  Big mistake.  There may be things happening in your body that require ongoing care and treatment.  If you miss that treatment, your body may not heal properly, and in the some cases, get worse.

The first line of defense in our system is to see your primary care physician (also called family doctor, or internist) within a few days of the collision.  This is especially true if you do not have broken bones or other identified problems that require the help of a specialist.  Your primary care physician (PCP) will examine you and offer you treatment options which might include medications, rest, and physical therapy.  The PCP will assess your progress after these treatments and if in their opinion you need further care they may recommend that you see a specialist.

If you are injured severely enough in a semi tractor trailer accident or in a highway accident the hospital will assign doctors to see you in consultation. The main doctor, overseeing your care is often called a Hospitalist.  This doctor may ask other doctors, with various specialties, to see you.  These are sometimes called consultations.  It may turn out that you will continue to see one or more of these doctors after you are released from the hospital.

Always follow your doctors recommendations.  If you are concerned about these recommendations, get a second opinion, but please, do not just do nothing.  Good accident lawyers and injury lawyers do not try to influence your medical care, or direct your medical care.  Your lawyer is a specialist in the law, not in medicine.  If a lawyer attempts to get involved in your medical care, be wary.  It is not their place.

Next time we will talk about acute care versus post acute care versus long term care.

Do I Need an Attorney to File My Application for Social Security Benefits?

Posted on by plumwd

I think the answer to this is “probably not”.  Let me explain.

First, let me tell you a little about my experience with the Social Security system.  I have been an attorney since 1988.  I handled my first Social Security Disability Claim in 1989.  Since that time I have handled close to five hundred claims.  I handle them myself.  If you hire me, you get me on the telephone.  I will be the one doing the work, not a paralegal or someone else you did not call.  I have handled as many as 400 hearings before the Social Security Administration.  I was personally present at all of them.  I did not send my assistant or associate.  I have read the Code of Federal Regulations, which is where the Rules and Regulations applicable to a claim for Social Security Benefits can be found.  I am a member of NOSSCR (National Organization of Social Security  Claimant’s Representatives) and have been for many years.  I handle most aspects of a Social Security Claim, including the first Appeal (Request For Reconsideration) the second appeal, (Request for Hearing Before Administrative Law Judge), the third appeal (Appeal to Appeals Council), and the fourth appeal (Appeal To Federal District Court).

Now why do I think that you probably do not need an attorney to represent you (Remember no matter who you call ask if they are a licensed attorney or merely a non-attorney representative.  As the fees are tightly controlled by the Social Security Administration and both Attorneys and non attorney representatives have the same fees it only makes sense that you want the most highly trained, most experienced person representing you.)  Unless you simply cannot organize a little information about yourself (and understandably some people cannot say a person with brain injury) the following advice should see you through the initial application process.

Three ways to make an application 1. Go to your local Social Security Administration (SSA) office and fill out the application. 2. Call the SSA office and ask them to mail you the application and you complete it.  3. Go on line to WWW.SSA.GOV and fill out the application on line.  All three have the exact same application, so it is really what you feel most comfortable with.  No matter which method you choose, you will need four lists with you, prepared in advance.  These lists will make the application process smooth.

1. List of all injuries, illnesses, and/or diseases you believe make you disabled. 2. A list of your medical care providers (hospitals, doctors, physical therapists etc) with addresses and telephone numbers. 3. A list of the jobs you have had in the last 15 years, with the name and address of each employer and they type of work you did.  It will help if you can list the physical demands of the job i.e. what was the heaviest weight you had to lift, how long you had to sit, stand and/or walk etc. and 4. A list of your medications, what they are for, who prescribed them for you, the doses and what side effects the meds cause you.

This is the information the Social Security Administration is looking for when reviewing your application.  If you are prepared to give them this information, you probably do not need a lawyer to give it to them.  If you win on your first application, you will not need to share any of your money with a lawyer. 

A good Social Security Lawyer will be willing to discuss your case, and your need (or not) for representation at the time of filing.  I will talk with you, and assist you when you need it without  looking for a fee while your initial application is pending.  It is for those folks who are turned down, and need to appeal that I think require an attorney.

What Do I Do If I Think My Doctor Made a Mistake?

Posted on by plumwd

In Indiana, most doctors try their best and do fine work.  However, the Medical Malpractice Act, passed in 1976 to help doctors, had an unintended effect.  Doctors who made mistakes in other states came here because of the protections of the medical malpractice act.  So what do you do if you think your doctor made a mistake.  The answer has several parts.  It would be nice if you could go to your doctor and have a frank discussion about what happened.   Some doctors, the good ones, will have this discussion with you.  They will tell you what happened and what you can do about it.  Doctors who have these discussions are much less likely to be sued than someone who is perceived as trying to hide something.  A frank discussion with your doctor may convince you that they really did not make a mistake.  You see, sometimes medical care does not result in recovery.  Sometimes the result of a surgery is not what you expected, or hoped for, however, a bad result alone is not evidence of malpractice.  (As we discussed before, Malpractice means a failure to do what a reasonable doctor would have done.  It does not mean the doctor meant to do you harm).

If your doctor is unwilling to speak with you, or you are too shy to speak with the doctor, you still have options.  One option is to meet with a qualified accident and injury lawyer.  A qualified attorney is more like than not certified as a civil trial lawyer by the national Board of trial advocacy.  A competent accident or injury lawyer has experience with all types of injuries, including brain injury, spinal cord injuries, back injuries, paralysis, amputation, and wrongful death.  A qualified accident or injury attorney knows that whether your doctor committed malpractice is a question only another doctor can answer.  Therefore it is essential to have contacts with all types of doctors who can review the facts of your case and let you know whether your doctor committed malpractice.  Knowing this information up front can give you peace of mind, that no malpractice occurred, or give you a strong basis for bringing your claim for compensation.

A second option is to file a complaint with the Indiana Medical Licensing Board.  Your complaint alone probably will not have any real effect.  However, if your doctor is consistently making mistakes, and his patients are consistently reporting his actions to the Board, eventually the board will take action to investigate  the doctor and if he/she is making many mistakes, take action to prohibit him or her from further practice.

A  third option is to report your concerns to the Indiana Attorney General’s Office (317 232-6531).  The attorney General has the ability to investigate doctors and make sure they are removed from practice.

If you would like to discuss your concerns about a serious injury case involving medical treatment, please call Young and Young.  With more than fifty five years of experience, we know we can help.

How Important is an Immediate Investigation – part 3

Posted on by plumwd

You know the dream, you are back in high school, you know you have a final coming up, but you have not bought the book, you have not been to class and you do not know where the test is going to be.  You feel anxious and nervous because you are not prepared.  A good accident lawyer or injury attorney knows this dream, but the dream is a little different. The injury lawyer knows they have a trial coming up.  The good accident attorney knows how important this trial is to his client.  But he does not know the facts of the case or who his witnesses are.  The lawyer wakes up, relieved, because it is only a dream.  He is relieved because he has performed a thorough investigation and is ready to win at trial. 

People injured in a car wreck with a drunk driver.  People injured in a highway accident with a semi tractor trailer. Hoosiers injured in a construction accident.  People with severe injuries, maybe paralysis, or badly burned, a spinal cord injury or a brain injury, cannot focus on anything but their medical care and treatment.  They want to perform an investigation into how the auto accident occurred but can’t.  Do they say, oh well, it can wait, or do they seek the advice and representation of a qualified accident attorney or injury lawyer. I recommend, with all my professional experience, that they do not wait and let me tell you why. 

The police generally do a good job of investigating a truck accident or a car wreck.  They do not, as a general rule go to the businesses, or houses around the scene of the injury to determine if anyone there saw the auto accident.  We have had cases where a witness to the collision was not listed on the police report, but who saw the collision from their front porch or through the window of their business.  These witnesses have caused the police to change their opinion about the cause of the collision. 

A picture is worth a thousand words.  Documenting the scene of an injury is essential.  Sometimes the police do not take pictures.  You should.  These pictures should include pictures of the cars, the wreck scene, the site of the construction injury, and of the injuries themselves.  Believe it or not, you will heal and your memory of the injury will fade.  A picture will keep the truth preserved.  Now that we have heap digital cameras, take a bunch of photos.  You may not need them all, but if you only take a few, the ones you took may not turn out well and that may be a problem, maybe worse than not taking them at all. 

A good investigation is an immediate investigation that preserves the evidence for later, when you need it.  Contact Young and Young today.  We will insure the investigation is done right.

How Important is an Immediate Investigation – part 2

Posted on by plumwd

Here we are – the Indianapolis Colts are heading toward their playoff game against the Baltimore Ravens.  We are only a few days away.  Even though Peyton Manning and the rest of the team have already played these guys this year, and beat them, do you think the Colts would be wise not to thoroughly and immediately investigate the team they are about to play?  Heck, Freeney already knows what to expect and Manning could play these guys in his sleep.  But they do investigate the Ravens.  The Colts know that their best chance to beat the Ravens is to know everything about them.  To know what they will do next and how they will do it.  Bill Belichick, of the Patriots, love him or hate him, beats those teams who do not prepare for him because he always slips in something they do not expect. 

It is the same thing with an investigation into an injury case.  You were just in an car wreck with a drunk driver.  You were just in a highway accident with a semi tractor trailer. You were just injured in a construction accident.  Your injury is severe, say maybe you are paralyzed, have been badly burned, have a spinal cord injury or a brain injury.  You cannot focus on anything but your medical care and treatment.  You would like to perform an investigation into how the auto accident occurred but you can’t.  Do you say, oh well, it can wait, or do you seek the advice and representation of a qualified accident attorney or injury lawyer. I recommend, with all my professional experience that you do not wait and let me tell you why. 

Witnesses move, die and forget things.  Say you have a key witness.  The jury will probably believe the witness because he has nothing to gain or lose.  If you do not get out to the witnesses home and get a statement right away, you may never get that statement and the evidence will be lost.  How many times have I heard a witness say, its been two or three years, I can’t remember that stuff.  That is when I pull out my copy of the statement I took from them just a week or two after the car wreck.  They read it, refresh their recollection and give testimony that wins the case. 

If you are in an auto accident in an urban area, the cameras of some stores may have captured the wreck on tape.  You need your experienced trial lawyer or accident attorney to get out to that store right away to secure a copy of the tape because stores recycle their tapes every two weeks or so.  Therefore, if you do not get out there right away the tape and the helpful evidence on it may be destroyed. 

Next time, more reasons why you cannot afford to put off that investigation.

How Important is an Immediate Investigation?

Posted on by plumwd

You were just in a car wreck with a drunk driver.  You were just in a highway accident with a semi tractor trailer. You were just injured in a construction accident.  Your injury is severe, maybe you are paralyzed, have been badly burned, or have a spinal cord injury or brain injury.  You cannot focus on anything but your medical care and treatment.  You would like to perform an investigation into how the auto accident occurred but you can’t.  Do you say, oh well, it can wait, or do you seek the advice and representation of a qualified accident attorney or injury lawyer?  I recommend, with all my professional experience that you do not wait and let me tell you why.

The insurance company is not waiting.  They have people who will be out combing the accident scene looking for witnesses and evidence which will support their case that YOU were the cause of the truck accident.  If you do not do something, and fast, you are at a big disadvantage to a cold and uncaring insurance industry.

At any accident scene, there are likely to be skid marks on the road, yaw marks and gouges that will fade or changed over time.  In some instances, the skid or yaw marks (Yaw marks are the marks a spinning tire leaves as the car is sliding or turning) are the keys to the story of what happened.  Believe it or not, some people will not tell an accurate story to protect themselves, but the objective physical marks usually don’t lie. 

Your car has a “black box” (See Previous blog on “black boxes”) that may give essential clues to what happened.  It must be preserved before the car is destroyed.  Also the crush of the metal on your car, and the car or truck or semi tractor trailer being driver by the person who caused the automobile collision may be studied to help determine how fast each of the cars were being driven.  This can be very helpful in determining the cause of the collision.  

The attorneys at Young and Young have 55 years of experience helping injured Hoosiers investigate the cause of their very serious injuries.  John Young is a Board Certified Trial Lawyer who knows how to find the facts.  Give him a call. 

In our next blog, we will continue with reasons why an immediate investigation into the facts of your automobile collision is essential.

What Affect does Bankruptcy have on my Injury Claim

Posted on by plumwd

This entry is the third in a series of blogs dealing with the overall effect of an injury claim on a person’s ability to work, and lost wages.  Wouldn’t it be nice to be Peyton Manning or Dwight Freeny?  Of the many things they have to be thankful for is that they have earned enough money that if they get hurt (and that is likely in the NFL) they will not have to worry too much about lost wages.  Unfortunately the rest of us are not so lucky.  Say you are in a car wreck with a drunk driver, or you are hit by a semi tractor trailer in a highway accident, or you are hurt in a construction  accident, like a fall or electrocution, and say also you are severely injured, such as being paralyzed, having an amputation, burns, spinal cord injury, having a brain injury, a back injury, blindness, and you do not have a lot of savings.  You might have to consider filing bankruptcy before your claim is resolved.  What does that do to your claim?

Once you file bankruptcy, your creditors can no longer harass you.  However, in filing bankruptcy you must list all of your assets.  One of your assets is the injury claim.  This is an asset because it has potential value.  What I mean is that if you are properly compensated, you will be paid money to make up for your injuries.  The claim, as an asset, become part of your bankruptcy.  The trustee of your bankruptcy case will look at your claim and try to determine if it is a good claim, or a claim that is not likely to merit compensation.  If the trustee thinks the chances of recovering compensation are slim then the Trustee has the ability to abandon the injury claim.  What the trustee is saying when he /she abandons a claim is that it is not worth the time to pursue, and therefore he/she abandons it. You are then free to pursue the claim as if the bankruptcy did not occur.

If the Trustee thinks the claim has merit, he/she will hire a lawyer to give them an opinion about the value of the claim and to pursue the matter.  Usually the trustee will hire the same accident attorney or injury attorney as you hired.  The trustee will be the named plaintiff (in your place) and will have all the decision making powers.  The trustee can order the case settled or order it to go to trial.  No matter how the case is resolved, all the money will go into the bankruptcy to be distributed according to the plan of the bankruptcy.  The overall impact of the bankruptcy is that you give up control of the claim and of the settlement.  If there is money left over after the bankruptcy claims have been paid, then you will be entitled to that money.

It may not seem fair, as you were injured and the injury caused you file bankruptcy, but being free of the harassment of creditors has great value.  At Young and Young, we have handled many injury claims for people who must also file bankruptcy.  Give us a call, we can help.

What Do I Do if I Am Injured and Cannot Work – Part 2

Posted on by plumwd

When we last left off we finished our discussion about how you can protect yourself, in advance, if you are injured in a car wreck, construction accident, motorcycle accident, highway crash or any other sort of incident causing injury.  You really do not know what you have until its gone.  If you have a brain injury, a spinal cord injury, a back injury, become paralyzed, or have an amputation, it is likely you are not going to be able to go back to work.  What do you do?

First is what you do not do.  You do not expect the liability insurance carrier for the negligent person (maybe a drunk driver) to start paying you right away for your lost wages.  The liability insurance carrier, 99.999999% of the cases will not make any kind of payment until they pay a lump sum payment, in exchange for a full release. They have the money, and they know you probably do not, so they try to wait you out.  This puts pressure on you because money is tight.  This can result in you settling your claim early putting you in jeopardy of not being fully compensated for your injuries.

If you were working when you were hurt, say at a construction site, or your were on the road, as part of your job when the highway accident happened, you are eligible for workers compensation benefits.  You must notify your employer immediately after the injury, or as soon after as is reasonably possible.  The employer will then report the injury to their workers compensation insurance carrier.  The carrier will then be responsible for paying all your medical bills caused by the car wreck or construction accident.  After a week, the insurance company will also be responsible for paying you your lost wages.  They do not always have to pay you the full amount of your average weekly wages.  You are entitled 66 and 2/3% of your average weekly wage, not to exceed a preset amount.  This amount changes every year, so I cannot quote it here.  If you earn more than that present amount, then you will get 66 and 2/3% of that preset amount. The reason for the 66and 2/3% is because this dough is not taxable, so they do not make the workers compensation insurance company pay the full amount.  I know of no good reason for the limited preset amount except to make it easier on the insurance companies.

Is Social Security available?  First know that Social Security is not a short term disability program.  In order to be entitled to it, your injuries must be so severe that they are expected to keep you working for at least twelve months.  The next thing you need to know is that the application process can take up to three years from the time you first apply to the time you start to receive your benefits.  Social Security is a good program, but it may not kick in fast enough if you cannot work.  If you are not sure if your injuries will keep you from working at least twelve months, I recommend you apply any way.  If your injury does not keep you from working for those twelve months, you can always dismiss your claim.   

 If you are hurt and can’t work, and have no money coming in, do not hide your head in the sand.  Get to a qualified accident injury attorney or accident lawyer.  The lawyer can start to contact your creditors and hopefully take a lot of the worry off your shoulders.    Next time, we will talk about the effect of Bankruptcy on your claim for your compensation (remember compensation means to “make up for” so all you are asking is for the person who caused your injury to “make up for” the harm they caused.)

What Do I Do if I am Injured and Cannot Work?

Posted on by plumwd

I know I can’t be the only one who wakes up in the middle of the night worrying about what I am supposed to get done tomorrow, and is there enough time in the day to do it?  Then my brain becomes much sharper than it ever is in the daylight.  My brain recalls everything I am supposed to do, and then nags me that I may not have done it, or I might not get it done.  I struggled with this for years and then it hit me, what am I worrying about, at least I have a job and I can pay my bills and give my children what they need.  So what do you do if you are hurt in a car wreck and can’t work?

Injuries such as spinal cord injuries, brain injury, back injury, amputation, paralysis (either paraplegia, quadriplegia or just a single limb) can interfere with your ability to work for days, weeks, years or even permanently.  These injuries can happen in the blink of an eye.  They can be from construction accidents, highway accidents, semi tractor trailer accidents, motorcycle accidents, basically any kind of traffic accident.  A good accident attorney or accident lawyer knows the options when you are injured and can’t work.  Some options are protections you must put in place before your are hurt, and some can be put in place after you are hurt.  I know that some of these suggestions may not be possible due to price or health history, but you can pick and choose what works for you.

Disability Insurance-  The statistics tell us that people under 50 have a much higher chance of becoming disabled than they do of dying.  To protect against this, short and long term disability insurance can be purchased.  On your favorite search engine ( I like Dogpile) type in disability insurance and several companies will pop up.  You can also contact your independent insurance agent.  The amount of insurance you will be able to buy will be based on your average earnings history and what your budget can afford.  As disability insurance payments are not taxable, you can figure that you need approximately 66% of your average wage to be fully covered.  If you cannot afford that much try to think what your essentials will cost and work to replace that amount of income.  Anything is better than nothing, so even if you cannot cover your essentials, get some income coming in while you are hurt.

Employers often times offer short and long term disability programs.  If you can afford it, take advantage of these programs.  You often times can get a direct withdrawl from your paycheck, so it won’t seem so bad.   If you cannot get a paycheck deduction, pay it yourself. I guarantee that you will be tempted to drop this coverage when things get tight.  I know you will groan when you have to write that check, because that ________ (put your latest must have item here) sure looks good.  But before you do that let me assure you, that groan is nothing compared to being in your home, unable to work, with no dough coming in, the bills piling up and the children playing in the next room.  I have seen this first hand, and the level of fear and anxiety in the house is horrible. 

In our next blog we will talk about what you can do, if you were not able to prepare for not being able to work after you are hurt.

NOTICE: No face-to-face meeting needed. You can remain safely in your home from case signup to settlement.

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