Landau Injury Law

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.

Social Security Disability team members Beatrice Vargas and Dianna Meredith of the Herndon law firm ABRAMS LANDAU, Ltd. with gift baskets received from a very happy client who received her winning Federal disability case decision !

While Herndon disability lawyer Doug Landau tells people that he “collects hugs” for a living, our clients’ gratitude is something that really makes us enjoy what we do. The delays and difficulties encountered when helping families with Social Security Disability cases can sometimes make us want to pull our hair out. However, when we get a “fully favorable” opinion from the Administrative Law Judge, it can have a powerful effect on our clients’ lives and the lives of their families.

Recently, we received a winning Social Security decision in the mail. Our disabled client had already received her written decision from the Federal Judge. This woman was ecstatic. She has been unable to work for years, despite a long and productive employment history. This Landau Law Shop client was so thrilled at the result that she sent gift baskets to ABRAMS LANDAU this week. The edible treats were enjoyed by the entire staff and were much appreciated. From all of us, THANK YOU.

Most Social Security Disability Income (“SSDI”) applicants are surprised to find that the Federal Government will use their tax dollars to hire expert witnesses to testify against them at their hearings. While these can be medical doctors, psychiatric specialists and Ph.Ds, ABRAMS LANDAU disability lawyer Doug Landau usually sees a “Vocational Expert” (“VE”) on the other side of the table. This hired expert witness has usually never spoken with or met the disabled claimant, but they are permitted to testify and render opinions and responses to hypothetical questions from the Federal Administrative Law Judge. In a recent case where the claimant represented herself, the court found that the disabled worker had “moderate restrictions in her activities of daily living (“ADLs”), symptoms of pain, depression and fatigue.” The Administrative Law Judge found the claimant had (more…)

“Just because obesity was deleted as a listing in 1999 does not mean that it is not important for the Social Security Administration to consider when evaluating claims for disability benefits,” according to Herndon Social Security lawyer Doug Landau.  Noting that many of his disabled clients do not have any one particular impairment that meets the Federal Government’s medical listings, ABRAMS LANDAU has nevertheless been successful in winning SSDI cases by showing that the morbidly obese client has several disabling conditions.

The Social Security Administration must consider the combined effects of a claimant’s impairments.  Muscoloskeletal impairments in obese individuals can be greater than the effects of each impairment considered separately.   The Social Security Administration’s own policies (i.e., Social Security Regulation 02-1p) require adjudicators to “consider any additional and cumulative effects of obesity when determining whether an obese individual meets or equals a listing.”  Under Social Security Listing 1.00Q, obesity is often associated with a disturbance of the musculoskeletal system, which can be a major cause of disability for overweight clients.  If you or someone you know needs help with their Social Security Disability claim, please e-mail or call us at ABRAMS LANDAU, Ltd.  We have been successful winning many cases for claimants who have been denied benefits by the Social Security Administration.

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)