Landau Injury Law

Always leery when people do not identify themselves, the Social Security Administration’s (“SSA”) decision to no longer identity the Administrative Law Judge (“ALJ”) assigned to hear your Disability case is troubling.  The Herndon disability law firm ABRAMS LANDAU received several Hearing Notices this week.  None of them had the name of the Federal Judge assigned to our clients’ disability claims.  This means we cannot (more…)

Pay for plenty of parking BEFORE going upstairs to your Social Security Disability Hearing in Washington, D.C. advises Herndon disability lawyer Doug Landau. You can do this online or at the underground lot to the right

Injured, disabled, rejected by the Federal Government – these conditions do not make for a happy person.  An unhappy client is not a good thing.  So, when a woman disabled by spinal stenosis after a terrible car crash came to the Landau Law Shop to help with her Social Security Disability claim, we had our work cut out for us.

This widowed mother of 2 was unhappy because the lawyer she had hoped would help her with her car crash case settled the case for an amount that did not come close to compensating her for all the harms and losses she sustained.  This lawyer, who advertises heavily, did not take the case to trial, (more…)

Yesterday we discussed “amending the onset date” in a Social Security disability case.  Today we will examine last week’s case where our client had been denied benefits several times, first in Georgia and then in District of Columbia. While this middle aged woman had several serious medical conditions, she had been denied Federal disability benefits and was unable to afford continuing medical care as she was no longer employed.  For over 12 years she had been a substitute teacher.  But because she could work when she felt well enough to do so, and often only worked for a few hours when she did show up, we argued that she did not engage in “substantial gainful employment.”  Our client was paid for full days even when she only worked an hour or two.

Federal law does not allow for Social Security Disability benefits if the claimant makes too much money from work.  After many years of school service, our client was paid based upon her years of service, so her earnings exceeded the Federal earnings limit.  The Social Security team at ABRAMS LANDAU put together legal research on earnings and “Unsuccessful work attempts.”  Our Herndon office also filed a brief with the judge asking that the “date of onset” be amended to take out the quarters that the claimant earned too much.  When we arrived in Washington, D.C., the questioning was difficult, and the claimant and her family were afraid of another “unfavorable” opinion.  But with the agreement to amend the onset date, and the proof of the minimal requirements of her part time job, we were able to get favorable Social Security disability decision, with no delays, appeals or uncertainty.

If you or someone you know or care for is disabled from work, contact an experienced Social Security Disability lawyer to help you and your family and answer your questions about what laws apply.  Because there are strict time deadlines in Federal disability cases, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

Just as in dating, sometimes the date you start with is not the one you end up with !

Herndon Social Security lawyer Doug Landau (shown in front of the Washington DC hearing Office) & his clients will "amend the onset date" of their disability in order to secure a favorable decision from an ALJ (Administrative Law Judge)

Unrepresented Social Security Disability claimants often pick a “date of onset” for their disability on their original applications that lead to denial after denial by the Federal Government.  While a disabled workers may have stopped working on a particular day due to an on the job injury or occupational disease, that date may not be supported by the objective medical evidence.  Just because a wage earner stops working on “date X,” does not mean that the Social Security Administration will find that they should receive Disability Income benefits from that date.  The rules for getting Federal Disability benefits are quite strict.

At the Herndon law firm ABRAMS LANDAU, we see Fairfax, Loudoun and Prince William families who have been denied Social Security despite what appear to be debilitating injuries.  Sometimes the medical conditions that disable our clients from working become totaling disabling months and even years after they stop working.  In these cases, when we get the case before an Administrative Law Judge (“ALJ”), our investigation (more…)

Another successful Social Security Disability Hearing for a happy family in Washington, D.C. Herndon Virginia disability lawyer Doug Landau "holding the bag" for his client after presenting this Texan's case to the Federal Government's Administrative Law Judge this month

The Social Security Administration has released the new numbers for 2012. The Federal Government’s disability program has increased the amounts necessary for work determinations, the payments for Supplemental Income and the maximum taxable earnings. Earnings of less than $12,120 per year may not be viewed as “substantial” such that a wage earner would be deemed ineligible for monthly Federal disability payments.

Of significance to the Reston Herndon Social Security Disability law firm ABRAMS LANDAU, was the the amount necessary for “Substantial Gainful Activity” (or “SGA”). SGA is essentially work for pay, as opposed to interest earned on a bank account, lottery winnings, investments, sheltered workshop pay or stock or other investment income. SGA has been increased to $1010/month, up from $1,000 in 2011. (more…)

Why is my car crash case worth less than my neighbors when we have the same amount of medical bills? Some cases may appear to be very similar at first glance but get awarded very differently.  Understandably many people can find this confusing. The courts look beyond just the dollar amount in making its’ decisions which will play as a major factor in a case.

The financial outcome of a case goes beyond just a number the court would decide to award.  Take for instance two people, Sarah from Sterling, VA and Johnny from Loudoun, VA.  Both were injured driving on Route 7 in a similar situation beyond their control and both incurred $30,000 worth of medical expenses.  Sarah’s expenses were incurred from massage, diagnostic testing (where the results are “within normal limits” or “negative”), homeopathic care and naturopathic medications.  Johnny’s bills, on the other hand, are from Emergency Room admission for 2 nights, positive findings on x-ray, MRI & other objective testing, surgery and scar revision.  Some 6 months later both are now fortunately in better condition but have now turned to the courts to aid them with their financial burden.

Sarah’s case is met with some difficultly as her treatment is viewed as “palliative care and diagnostic testing” which a jury can find as “usual & customary care, over treatment and utilization review.”  Johnny’s treatment is more traditional which initiated a more expansive discussion. Since there are not any other major factors and liability (fault) is not disputed then the difference in medical treatment is a large factor.
Typically, Sarah will receive a lower number than Johnny as her treatment was non-traditional.  Also, Sarah’s award will most likely be less than her medical bills.

It is important to receive the medical attention for a complete and speedy recovery, but the courts can vary how they view the treatment.  If you know of a similar situation and  are looking to pursue legal aid please contact The Herndon Law Shop in Virginia at 703-796-9555 or email us.

Even where an injured worker has settled his or her claim with a structure that pays money annually for medical care for the on the job accident, the Federal Government can still come in and help if the funds fall short, as discussed in yesterday’s post on lump sum settlements.  The Center for Medicare and Medicaid Services (CMS) would pay for the rest of the year after the Medicare Set Aside (MSA) is exhausted, but any unspent payment from prior years is carried over.

For example, if the workers comp claim is settled with $50,000 in a lump sum and a structure that pays $12,000 per year but there is a total of $6000 unspent from prior years, claimant will have to exhaust the $12,000 of that year plus the prior $6,000 before Medicare takes over and pays for medical care.  The settlement of workers compensation claims in Maryland, Virginia and the District of Columbia, as well as other parts of the country, has become more complicated,  That another reason why getting the help of an experienced workers compensation lawyer who regularly tries comp claims is so important.

Virginia disability Lawyer Doug Landau and Social Security claims assistant Dianna Meredith pose before a picture of William Abrams, Doug's grandfather, for whom the Herndon law firm is named (along with his father, Norman Landau)

Yesterday I gave my own personal example of finding out that my Social Security earnings record was wrong, and the only one to blame was myself !  Today we will look at the time limits and what you can do about correcting errors in your records.  The Social Security Act defines the basic statute of limitations beyond which earnings ordinarily may not be corrected: 3 years, 3 months, and 15 days after the close of the taxable year in which wages are paid. However, the law also defines exceptions to protect Social Security contributors from unfair treatment because of any delay on the part of the Social Security Administration in processing earnings. The exceptions permit us to correct errors after the statute has expired and include authority for us to:

• Confirm records with tax returns filed with the Internal Revenue Service;
• Correct errors due to employee omissions from processed employer reports or missing reports;
• Correct errors “on the face of the record,” that is, errors we can find by examining our records of processed reports; and
• Include wages reported by an employer as paid to an individual but not shown in our records.

If you or someone you know has become disabled and is seeking Social Security benefits, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as there are strict time deadlines with such important claims.

Coordinating benefits between State, Local and Federal benefits can mean significant savings to injured and disabled workers and their families. The Abrams Landau law shop was recently asked by an older lawyer who advertises himself as an injury case expert,

Does anyone know whether Social Security gets an off-set for the money recovered by the claimant on the third party negligence personal injury case ?

In cases where our clients are getting state workers compensation wage loss benefits, the Social Security Administration (“SSA) reduces (more…)

Going 3-for-3 in Virginia Triathlon Series sprint races this season enabled Herndon Reston injury lawyer Doug Landau to work on his speed for the USAT National Championships and qualify for the World Championships. Racing all over Virginia also enabled the Triathlon Trial Lawyer to visit with clients and counsel as well. While no other lawyer we know of does this, Landau makes public his trial and triathlon schedule so that clients, their friends and families can see him “in action” and talk to him in person about what is expected when it comes time for their “day in court.”  Upcoming Races, Cases and Places include:

• 10/13/2010 Alexandria (VA) Circuit Court, Defendants Motion to reduce the amount of a recent personal injury case verdict achieved by ABRAMS LANDAU on behalf of an innocent motor vehicle passenger in the morning, Virginia Workers Compensation hearing, job accident case hearing, Manassas midday, and Fairfax Bar and Medical Society Legislative Meeting, Falls Church (VA) in the evening (!)
• 10/15/2010 Virginia Workers Compensation hearing, job accident case hearing, Manassas
• 10/16/2010 Hagerstown (MD) Duathlon (running and bicycling !)
• 10/23/2010 Litchfield County (CT) Bike Tour with the Litchfield Hills Cycling Club during Lakeville (CT) High School volunteer weekend
• 10/25/2010 Social Security Administration, Washington, D.C., Disability Hearings
• 10/26/2010 Virginia Workers Compensation Commission, workplace accident hearing, Fairfax
• 10/30/2010 Either Leesburg or Fairfax (VA) 5km. road running race
• 11/2/2010 Virginia Workers Compensation Commission workplace injury hearing, Fairfax
• 11/4/2010 Virginia Workers Compensation hearing, job accident case hearing, Manassas
• 11/6-7/2010 University of Miami School of Law, Coral Gables (FL), Reunion and co-counsel meetings
• 11/13/2010 Virginia Trial Lawyers Advanced Workers Compensation Seminar, Richmond (VA), Arthur Ashe Athletic Center Health Expo and Richmond Sportsbackers Marathon Festival 8km. road races
• 11/20/2010 Herndon (VA) Community Center Annual Turkey Trot 5km cross country race (in the afternoon, blocks from the office !)
• 11/25/2010 Ashenfelter 8K Classic, Glen Ridge (NJ), on Thanksgiving Day, the United States Track & Field-NJ Championship Road Race, benefiting the Glen Ridge Educational Foundation
• 12/9/2010 Virginia Workers Compensation Commission, workplace accident hearing, Fairfax in the morning, Washington, D.C. Trial Lawyers continuing education meeting in the evening in the District of Columbia

If you want to see Landau “in action” at these or other events, please e-mail or call the Landau Law Shop (703-796-9555) beforehand, as insurance companies settle on the eve of trial,  judges postpone trials and races get canceled due to weather or other unforeseen events, and your time is valuable.