Landau Injury Law

WInchester area lawyers at the Virginia Trial Lawyers Annual Convention in Williamsburg

“We know Doug Landau travels all over Virginia and the East Coast, but how does he manage local issues that might affect a case ?”  This is not an unreasonable question.  Herndon Reston and Dulles Airport area in jury lawyer Doug Landau has built up a network of lawyers all over the country who have helped him over the years.   Landau regularly participates in answering and asking questions on national and statewide listServs, travels to teach lawyers all over the country and fosters networking among trial lawyers for injured people and their families.  These lawyers routinely help ABRAMS LANDAU with questions about local doctors, car crashes, premises liability cases, Social Security Disability and workers compensation claims.  Shown here with top Winchester area lawyers Nate Adams and Nick Parthemos at the Virginia Trial Lawyers Association meeting in Williamsburg, Landau has fostered good working relationships with them and other Clarke County attorneys.  These good relations enable workplace injury and car crash lawyer Landau to better assist his disabled clients, wherever their case may arise or they may live or work.

While the Social Security Administration Judges (”ALJ”)have large case loads and some ABRAMS LANDAU clients experience long waits for a Hearing, when we do finally win their disability claims, the victory is especially sweet.  Herndon, Reston and Leesburg disability lawyer Doug Landau received just such an opinion this week on behalf of a disabled Centreville Virginia woman.  The claimant had the following severe impairments: multiple sclerosis (”MS”), degenerative disc disease, fatigue and pain

The ALJ agreed with Landau’s brief that “these impairments cause more than minimal functional limitations on the claimant’s ability to perform basic work activities.” The claimant will get a lump sum check of over $20,000 and monthly checks of $1,392 as well as medical coverage.  If this ABRAMS LANDAU client lives her normal life expectancy, it is anticipated that she will be paid over $467,812 !  Doug Landau’s fee for winning this case ?  $6,000, and the firm’s costs were under $1,000.  Social Security Disability fees for claimant’s lawyers are contingent AND capped.  And, when compared to the benefits produced, may be one of the last great bargains.  If you or someone you know has become disabled from Multiple Sclerosis (MS) or other disease or combination of injuries, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) as we may be able to help with a Social Security Disability claim.  There are no legal fees if we do not win, and the fees are contingent, set by the Federal government and capped.  And the benefits can be hundreds of thousands of dollars and peace of mind for you and your family.

Having helped disabled workers who have also given birth to and raised their children, Herndon Reston and Leesburg Social Security lawyer Doug Landau has seen how having a family can penalize women when it comes to their Federal Disability benefits.  In fact, what mothers don’t know about Social Security can hurt them.  Business Week reported how women earn less and working mother earn less still.

However, when women leave the workforce to have and raise children, the ability to receive Social Security disability benefits often suffer.  This is so even though child rearing is extremely important and society should reward those who work hard at raising a family.  Few mothers take the time to look at how their caregiving responsibilities impact their Social Security eligibility and benefits.

When you work and are paid, you generally earn Social Security “credits” for each quarter of a year that you work.  If you earn enough of quarters of credits, you will be eligible for various parts of the program including retirement and disability income benefits. Once you are eligible for retirement benefits, the amounts are then calculated using earnings over your lifetime.  If you do not have the required number of credits or earn less than your spouse, you can also choose to take half of your spouse’s benefit at retirement.  For more on this, go to the Mothers Movement site.

At ABRAMS LANDAU, we encourage every client to get a copy of their Social Security printout so that they can see how many quarters of credits they have, what their benefit amounts will be at retirement and if the become disabled.  Anyone of working age generally  needs 40 credits to be eligible for retirement benefits based on their own earnings rather than her spouse’s. That usually means working full-time for 10 years. Check your Social Security statement. You should receive an annual statement around your birthday or you can request one at www.ssa.gov or by calling 1-800-772-1213.  Do you have the 40 credits you need for retirement benefits on your own work record ?  Do you have enough credits in the system to be eligible for disability income ?  If you or your family or friends have questions about Social Security Disability please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555).

Doug Landau and his assistants know that it can take a very long time for a Social Security Disability case

Social Security Disability lawyer Doug Landau is often asked, “How long will it take for my disability case to get to court ?”  In prior posts this week the Herndon, Franklin Farms and Reston area lawyer examined denial and allowance rates as well as the number of claims heard by area Social Security offices.  The “National Ranking Report” published in the Social Security Forum this spring shows the processing times for offices throughout the United States for the month ending in March of 2010:

Rank    Hearing            Processing Time

1        Middlesboro        252 days
16        Charlottesville    336
25        Richmond        354
77        Baltimore        444
80        Greensboro        453
90        Tampa            463
118        Newark            514
135        Miami            556
139        Charleston        568
144        Anchorage, AK    642

If you or someone you know is permanently disabled, please e-mail or call us at (703-796-9555)  there is also additional information at ABRAMS LANDAU, Ltd.

Herndon and Loudoun disability lawyer Doug Landau is often asked, “How many cases does Social Security actually approve at the first 2 levels before I have to go before an Administrative Law Judge ?”  “What are the National, Regional and Middle Atlantic States’ averages ?”  “Doesn’t the Federal Government just deny every case ?” “Must you have a spinal cord injury or traumatic brain injury in order to win a Social Security case ?”

The Virginia disability lawyer notes that not every single claim is denied by the Federal Government at the initial and reconsideration levels.  While it is true that most claims are denied at the initial level, and the percentage of claims allowed at the reconsideration level is only about 14% nationally, there are a number of claimants who receive benefits at these levels.  According to the “Social Security Forum,” the Social Security Disability & Supplemental Security Income (”SSI”) Disability Claims Allowance Rates for the fiscal year 2009 for our area were as follows:

Initial Level        Reconsideration Level

• NATION                36.9%        13.8%
• REGION (Philadelphia)     36.4        13.9
• STATE:
• Delaware            42.9        10.1
• Washington, D.C.        40.5        17.0
• Maryland            38.7        18.9
• Pennsylvania            35.3
• Virginia                40.4        14.3
• West Virginia            26.4        8.2

It has become apparent to the ABRAMS LANDAU disability team that a claimant’s best chance of getting their full Federal Disability Income benefits is at the Administrative Law Judge (”ALJ”) level.   That is why it is important to get an experienced Social Security lawyer involved EARLY in the process.  Federal Disability forms filled out late or incorrectly can be fatal to a case.  If you or someone you know is permanently disabled, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555)

VTLA President Matthew Murray, shown with Melissa, praised Doug Landau's 7 year fight on behalf of a Virginia client with an occupational disease and winning the disabled worker's Florida Social Security Disability case

In the Spring Social Security Forum, the number of Hearings held by Social Security Hearing Office for some of the sites ABRAMS LANDAU has won cases for disabled clients and their families were published.  These Administrative Law Judge (”ALJ”) Hearing numbers are for not quite one month, and one with a lot of weather delays.  This enormous volume is one of the reasons for the long waiting time to come before the Federal Judges who decide these important cases for Herndon and Ashburn Farms disability lawyer Doug Landau.  The numbers of cases heard for the fiscal year (through 1/29/2010) were as follows:

• Baltimore, MD        1476
• Charlotte, NC        1732
• Charlottesville, VA    1133
• Fort Lauderdale, FL     2022
• Miami, FL        906
• Richmond, VA        892
• Roanoke, VA        1031
• Washington, DC        873

At the Landau Law Shop, the “How ?” “How Long ?” and “How Much ?” questions are answered so that disability income applicants can understand the process and be prepared for their “day in court.”  If you or someone you know is permanently disabled, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555)

While the answer to this question used to be difficult, and Northern Virginia claimants’ counsel Doug Landau could only use his own law firm’s actual experiences and the data from other lawyers with whom we share information at the American Association for Justice (”AAJ”), National Organization of Social Security Claimants Representatives (”NOSSCR“) and the Virginia Trial Lawyers Association, (”VTLA”), you can now get several years of results of many Social Security Administrative Law Judges (”ALJs”). In response to a Freedom of Information Act (”FOIA“) request by The Oregonian newspaper, the Social Security Administration (”SSA”) released the production numbers and approval rates for all of its Administrative Law Judges. The agency released complete reports for 2005, 2006 and 2007. The table for 2008 covers most — but not all — of the year.

To search the database, click this link, enter a judge’s name or select a year.  You can sort the table by any of the categories by clicking on the category header.

While we prefer to rely on our own experience in front of particular judges and SSA staff, utilizing this information can also be helpful.  At the Herndon, Reston and Leesburg area disability law firm of ABRAMS LANDAU, Ltd., we will often contact numbers other lawyers with whom we have worked in order to get a consensus as to how best to present the case and how the Federal Judge (and his or her staff) prefer to receive the evidence. Last week occupational disability and disease lawyer Doug Landau was contacted by a Pennsylvania firm in order to help the disabled claimant’s counsel prepare for a video Hearing before a Virginia ALJ. If you or someone you know has been injured in an on the job accident or become disabled as the result of an occupational disease or illness, please e-mail or call ABRAMS LANDAU (703-796-9555) today so that we can help them with their Federal Social Security claim.

Trying cases for injured workers in small towns against the major employer requires experience, staffing and resources

Having tried cases for injured mine workers and travelled to the mining areas of West Virginia, occupational injury lawyer Doug Landau has been following the news reports of the recent mine explosion that took over two dozen miner’s lives. A Washington Post article about the recent mining explosion in West Virginia that killed 25 people stated that the mining industry wields major political clout in Washington thanks to hefty campaign contributions to GOP lawmakers and expensive lobbying efforts aimed at blunting the impact of environment- and safety-related legislation. The industry is currently finding itself under massive scrutiny after the WV disaster.

As the major employer in some rural small towns, it is very difficult for the injured workers to find a competent, experienced workers comp lawyer, let alone bring a claim against the major (and best paying) employer in the region.  Doug Landau has tried cases in Lebanon and Covington, Virginia as well as Bluefield, Princeton and Charleston, West Virginia for disabled and injured workers and their families.  ABRAMS LANDAU has successfully won workers compensation claims, Social Security Disability cases and negligence lawsuits for Virginia and West Virginia clients.  If you or someone you know has been injured or become disabled as the result of a mine collapse, explosion or other accident, please e-mail or call ABRAMS LANDAU (703-796-9555) today.

Last month, the job injury, Social Security Disability and car crash law firm of ABRAMS LANDAU, Ltd. hosted a luncheon in Herndon for top local lawyers.  Doug Landau provided a free lunch, speakers and advice to the attendees, many of whom are not able to afford to get away from their busy practices and attend the state or national trial lawyer conventions.  Attorneys from Prince William, Fairfax and Loudoun Counties as well as Alexandria, Virginia and Rockville, Maryland attended this latest meeting at the Zeferrelli Restaurant in the “downtown historic district” of Herndon.  Job accident lawyer Doug Landau has previously hosted such lunch and breakfast meetings throughout Northern Virginia.

After over 25 years in practice, Landau is asked why he spends the time, effort and money helping other lawyers who also handle workers compensation, disability and accident cases when they might be competitors.  Landau responds that with his licenser in Virginia, Florida, New Jersey, Connecticut and Washington, D.C. and the Federal Courts along the East Coast, there are no other firms that can do all that ABRAMS LANDAU can do where they can do it.  Secondly, there are subspecialties within the injury and occupational disease practice that Landau does not handle.  In just the last week, he was able to successfully recommend a Federal workers compensation lawyer to several callers and those who e-mailed ABRAMS LANDAU.  Just like a family doctor who might refer a patient to a specialist, Landau will often give callers several names of lawyers experienced in the area of law in which assistance is needed.  So, if you have a legal question or potential claim, email or call ABRAMS LANDAU (703-796-9555) today.  If we cannot answer the question, we probably know someone with experience who can !

Disability lawyer Doug Landau is often asked about the facilities used by the Federal Government for Social Security Disability (”SSDI”) Hearings before the Administrative Law Judges (”ALJs”).  Herndon and Reston lawyer Landau was recently asked, “What is a Social Security Disability Hearing “Witness Room” and what happens inside ?”

ABRAMS LANDAU Social Security Disability client and witness in an SSDI conference room

Landau flew from Dulles Airport, conveniently located just minutes from the Landau Law Shop, to try several cases this winter in North Carolina.  Shown on the left is a happy client (and also a witness in another ABRAMS LANDAU SSDI Hearing). There is a desk, some chairs and a computer in many of the Witness Rooms.   There is room for wheelchairs, and with little in the way of other furnishings, Landau’s paralyzed, brain injured and impaired client little in the way of other distractions.  The computer enables Landau to review the official Federal Government computer file, as he is usually given a CD with all of the evidentiary exhibits on it the morning of the ALJ Hearing.  The CD given to Landau that morning is usually more up to date than the disc sent to ABRAMS LANDAU beforehand, so it is important to review it, with the disabled claimant and their witnesses and family members before entering the Hearing room.  As the saying goes, “The best surprise is NO surprise !”  These rooms give clients, witnesses and counsel to talk in private just prior to going on the record and giving testimony under oath.