At our office, we typically meet with individuals after their disability has been denied by the government.  We will usually set up an initial appointment in order to go over all of the pertinent information regarding the individual’s claim.  As an attorney, my starting point is looking at the denial.  This gives me information as to the basis of the government’s denial of the claim and it tells me whether the only issue is disability, or whether there are other issues such as eligibility for benefits.  In the initial interview, I  like to find out the names of all of the treating doctors and hospitals and I can then compare the decision that was made by the government in order to see whether they have obtained all of the records, or whether there may be important missing records. 

By the end of the initial interview, I have made a determination as to whether the case is winnable and what the appropriate strategy is going to be.  We will then file our Request for Hearing, along with some other forms which are required by the Social Security Administration.  We additionally take a look at whether other records need to be requested and we attempt to obtain a copy of the Social Security Disability file which is now on a computer disk. 

Eventually, the case will be set for a hearing.  There is usually between 30-90 days notice and we like to set up another appointment in the office in order to go over all of the questions that are likely to be asked and to further plan strategy. 

In some cases, we will find individuals who, because of their financial circumstances, have not been seeing any doctors regularly.  We may recommend medical services through a facility that treats low-income individuals.  This may help to provide us with further evidence of the individual’s disability.  As a lawyer, when I prepare an individual for their hearing, I need to make sure that their testimony is consistent with every form that  they have ever signed, questionnaire they have filled out, and every statement that they have made to a doctor.  Sometimes there will be statements that appear on the surface to be contradictory, but really aren’t.  For example, I recall one client who said that he would walk 45 minutes at the mall for exercise.  However, upon further questioning, he did so by breaking up his walk into 10 minute segments and was normally out of breath and in pain by the time he finished.  He was determined to try to do his best to get some exercise, but he suffered greatly.  It is important to get your arms around these apparently contradictory statements which simply need to be further explained. 

Finally the big day comes when the case is set for hearing.  There are two main offices in the St. Louis area.  One is located in Creve Coeur and the other office is in downtown St. Louis.  You will be assigned a judge and each judge has their own record and reputation in terms  their approval rates.  Each judge also has a different style in terms of the approach that they may take under differing circumstances.  A lawyer who is familiar with the reputations of the various judges will have a better chance of knowing how to present your case.

Some judges will take control of the hearing by starting out with questions that they want to have answered first.  Other judges will allow the attorney to approach the case based on the format that he or she has set up with his client.  Still other judges will let the attorney lead off with the questions, but will frequently interrupt with questions of their own.  As an attorney, I prepare differently based upon which type of judge I am going to encounter.

The determination as to which judge is assigned to your case will not be determined until you receive your hearing notice. Sometimes a judge may be ill or other circumstances may occur which cause a last minute reassignment. As an attorney, it is important to be able to quickly readapt.

During the course of the hearing, a Hearing Assistant will be recording everything that is said on a tape recorder.  Just like anywhere else, judges vary in friendliness, temperment, attention to detail, and their desire to take in testimony.  As an attorney, I find that it is important to recognize that the judge’s time is important.  Being prepared helps the judge because it results in efficiently presenting sharp, crisp, clean testimony.  Unprepared testimony often sounds rambling and unfocused and it is difficult for a judge to get his or her arms around testimony which is undefined and sloppy.  Expect that the judge will most likely want to hear all of the testimony within a 30 to 40 minute period.   If time allows, there may be room for some additional elaboration and some hearing may last for about an hour and a half.  Your attorney should be able to explain to you what the basic strategy is with respect to trying to win your claim.  A judge does not want to hear everything about you, but only what is important.  Minor “problems” such as broken toes and fingers, or, for example, frequent nasal congestion, should be left out in order to make time for things that matter. 

Most judges will not say how they are going to rule at the end of the hearing.  There are occasions when a judge may seem negative, but will ultimately rule in your favor.  There may be other cases where the judge seemed friendly, but didn’t think that your claim warranted approval.  There are also some instances in which a judge will take time at the end of the hearing to tell the claimant that he is going to approve the claimant’s case.  This is done in order to alleviate anxiety on the part of the claimant.  There are also cases where the judge may be on the fence and wants to thoroughly review all of the evidence and exhibits before making a final determination. 

Whenever a judge finally rules on your case, there will be a decision in writing that will be mailed to you and your attorney.  The decision can either be fully favorable, partially favorable, or it could be a denial.  A partially favorable decision often occurs in cases where the judge finds that there may be a long period of disability, but ultimately believes that the claimant recovered and is capable of working.  Whenever you get your decision, you should contact your attorney in order to make sure that you understand the judge’s ruling. 

Submitted by:    Jeff Swaney

Free Consultation:    (314) 481-7778   �CBS NEWS STORY ABOUT SOCIAL SECURITY DISABILITY
 http://www.cbsnews.com/video/watch/?id=3713125n

Many individuals who contact my office are severely disabled, but are working when they contact me.  They often have questions as to whether or not they can work and collect Social Security Disability benefits.  The purpose of this article is to address that question. 

First of all, you cannot be working full-time, regardless of how disabled you are, and receive Social Security Disability benefits.  By virtue of working full-time and earning a significant income, you are proving that you are not disabled.  In order to have a chance to recover Social Security Disability benefits, you must either stop working, or have your hours reduced.  We do not recommend reducing your hours just to apply for benefits, but this should only be done by those who truly are disabled.  However,there are many individuals who may damage their health if they continue working and there are others who are so disabled that they risk further injury. 

Under the present law, a person can work as long as their income is not defined as “substantial gainful activity”.  If you earnless than $980.00 a month before taxes in 2009, you can apply and potentially receive Social Security Disability benefits.  If you are earning more than the amount which Social Security defines as substantial gainful activity, regardless of how severely disabled you are, then you  will not be eligible for benifits.  The amounts that Social Security defines as constituting substantial gainful activity can change from time to time.  Consequently, it is important to check with the Social Security Administration in order to make sure that you are under the appropriate amount.  In fact, you can continue working, even while you are on disability, provided that you do not exceed the amount that you are allowed to earn. 

It should be understood, however, that the Social Security Administration can look at the type of work that you are doing in order to determine whether they believe you are disabled.  If you are working ten hours a month, but you are a jackhammer operator, they may contend that your work is rigorous and is inconsistent with your claim.If you work full-time, but for a short period, a judge may classify this as an “unsuccessfu work attempt.” 

If you decide that you are going to reduce your hours, or leave your employment, you must keep in mind that it may be quite some time before a decision is ultimately rendered in your case.  If the decision is favorable, then you may have gone through a lot of financial hardship, even though you will eventually begin receiving benefits.  On the other hand, Social Security operates by stringent standards and, if you are not approved, you may never be in a position to make up the lost income which you received. 

Submitted by:    Jeff Swaney

Free Consultation -  (314) 48l-7778

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There is a myth that the Missouri Worker’s Compensation system is a liberal, give-a-way system which is laden with all kinds gratuitous perks for anyone who happens to be” lucky enough” to strain their back a little after a hard days work. The image that insurance companies have created is that of lazy employees being coddled by doctors until eventually they are served up with  “pot of gold” settlements on the backs of struggling bussinesses and honest insurance companies. It is clear that no industry  in this country does a better job of promoting their propaganda than insurance companies. Do we really believe that  adjusters are out there handing  checks to  homeowners just before a tornado is ready to hit their homes. These are the same adjusters who won’t return my phone calls for three weeks when my client’s comp check is late. These companies  would have us believe that we need to drastically limit work comp benifits  to those who end up in wheelchairs, but will defend twenty-five million dollar executive bonuses because “we need to provide incentives to retain good people”. The gap between myth and reality us especially clear in the Missouri Work Comp system. For example , an insurance adjuster gets to pick your doctor with no say-so whatsoever on your part!  If the adjuster doesn’t like the doctors’s opinion, then he can choose another doctor. However, if you question the doctors opinion, be aware that you are not legally entitled to  a second opinion. In addition, when it comes to scheduling appointments, the adjuster can choose to set up a time when you will   miss work. The best part is that you won’t get paid for it!  You may be able to use your own vacation time or personal time, but you will have no control over that either! If you have a twenty-five year old chid, for example, who has no wife or children and they are killed on the job because of company negligence, you will not, with few exceptions, be able to bring a civil suit against the company. Furthermore, under the Work Comp Law , you will be given burial expenses and well- thats about it!  Under the new law , almost everyone over thirty-five years of age will hear that their back injury should be discounted due to natural “degeneration”, even if the injured worker never sought any treatment before or ever had any complaints. In criminal cases, people are presumed innocent until proven guilty.Not necessarily in work comp. In fact, some work comp judges will discount what  injured workers say based on the sole reasoning that  workers have an “incentive” to exaggerate. Meanwhile, the motives of  doctors who receive hundreds of thousands of dollars of bussiness every year  is overlooked. In addition, all of the Legal Advisor positions have now been eliminated and judges are prevented from telling claimants when they getting an unfair settlements. Despite the great number of  things which are tilted against the injured worker , the propaganda machine just keeps rolling and we are told that “something needs to be done” to protect us from  injured workers who get their own attorney. Obviously, what a terrible thing it is when an adjuster can’t keep and injured worker in the dark and then simply steamroll them!  �Submitted by Jeff Swaney  FREE CONSULTATION 314-481-7778

Over the years I have represented alot of “claimants” with knee injury cases. There are alot of different kinds of injuries that I see frequenly. One of the most common injuries is the “torn cartlage”. This will normally result from a twisting motion. The cartlage on the inside of the knee is the “medial meniscus”. The cartlage on the outside of the knee is called the lateral meniscus. A torn medial meniscus is normally diagnosed with an MRI and is frequently repaired through “arthroscopic surgery.” Medial meniscus tears seem to be much more common in “work comp” cases than lateral meniscus tears. Another frequently seen injury is the “anterior cruciate ligament tear” which is commonly refered to as an “ACL tear”. These injuries often result in either arthroscopic surgery, or an “arthrotomy” which is a more open and invasive procedure. The recovery time is usually significant with an “ACL tear” and there is ordinarily a significant amount of “permanent impairment” involved. “Knee replacement surgery” is typically an even more drastic procedure which is performed when the “articular cartilage” under the knee cap has deteriorated significantly. Worker’s Compensation insurance companies will typically try to argue that some of these injuries are degenerative. If your case is denied and you are told that your knee injury is not work related, you should contact an experienced “work comp” attorney, rather than accepting the decision of an insurance company claims adjuster. If you are told that your injury just involves a “knee strain” or “sprain”, you should consider seeking a second opinion, particularly if there hasn’t been an MRI performed. If you have a dangerous job like being a “roofer” and your knee gives out, you should perhaps consider another career alternative. Finally, when you are considering a settlement for permanent partial disability (PPD) ,you should consider having an independent evaluation in order to determine whether your knee would be prone to future detioration and perhaps surgey at some point.   Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

Anyone who watches television has seen a comedy show where someone fakes a “whiplash” injury and tries to collect money that they don’t deserve. Jack Lemon did a movie called “The Fortune Cookie” where he hires an attorney nicknamed “whiplash Willie” because he knows all sorts of tricks to help fake an injury. “Whiplash injuries” may actually be diagnosed as back or neck “sprains” or “strains.” When an accident victim is thrown forward in a violent manner during a motor vehicle accident, the result is oftentimes “soft-tisue” damage. “Soft- tissue ” damage  generally  consists of “muscle injury” and” ligament injury” which cannot be observed on X-rays or other diagnostic tests. A doctor will often note “muscle spasms” where there is a tightening of muscles in the injured area. It is difficult to quantify or measure “soft tissue injuries” which result from “whiplash.” “Whiplash” injuries are usually treated with physical therapy , or a chiropractor may treat these injuries with “chiropractic manipulations.” People suffering from “whiplash” find them to be far from funny. From a legal standpoint, it is important to get treatment for these injuries as soon as possible since diagnostic testing doesn’t always make your case. Unfortunately for “whiplash victims the media has created an image of “whiplash” victims as schemers ,fakers and opportunists. As a “spine injury attorney “it is my job to overcome the predjudice which has been caused by movies and television shows. As I said – “Whiplash is no laughing matter.” Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

Very few injuries that we commonly see can change a claimant’s life as dramatically as a “herniated disc”. Many similar terms are used almost interchangeably like “ruptured disc” , “disc protrusion” and “herniated nucleous pulposis”.Doctors often describe disc as being like a”jelly donut” between the vertebrae.When the disc material inside of the disc leaks out and touches on the”sciatic nerve”, severe pain often travels down the injured worker’s leg. Sometimes other structures are affected, like the “spinal cord” or the “spinal canal” .Disc injuries are most common found in the low back and neck and rarely occur in the mid-back. We see alot of lumbar “laminectomies”in workers who do alot of heavy lifting. A laminectomy or a micro -discectomy will often produce good results and in many instances injured workers will be able to return to rigorous  work. If surgery is unsucessful,  a lumbar or cervical “fusion” may be needed. This often occurs with a condition called “spondylolithesis” which involves a slippage o   a vertebrae. In order to diagnose a disc problem an “MRI” is usually needed. If a condition is diagnosed as a “disc bulge” doctors wil normally try treating the condition with physical therapy or steroid injections.If the MRI is negative, doctors may determine that they are dealing with a strained or sprained back or neck. Where surgery is contemplated, doctors will normally do a test called a “myelogram’ with a “cat scan” in order to get the best possible look at the problem. In those cases where multiple surgeries have been performed and a “fusion’ is the ultimate outcome, some injured workers may become “permantly totally disabled” which means that they are unable to work or compete in the “open labor market”. Everyone is different and it is difficult to generalize. I once had a client who had five surgeries, including a disc fusion,who had a body like Charles Atlas and was running 5 miles a day! In any event, if you are confronted with a serious back or neck injury, it is important to ask your attorney about the reputation of the doctor who is treating you.  submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

As a Missouri and Illinois “work comp” attorney, I have reached thousands of settlements on behalf of “claimants” (Missouri) and “petitioners” (Illinois) . Many claimants and/or petitioners will often compare their settlements to other injured employees when a comparison may not be appropriate. It is important to first understand that there are two types of “permanant  disability” settlements under the Missouri and Illinois Workers’ Compensation laws. A “permanant partial disability” settlement is based on the injured worker being able to “compete for employment” in the “open labor market”. These settlements are based on the injured employee being able to earn a livelhood, even if it is in a diminished capacity. llinois has some “wage differential” provisions which can enhance the value of an employee’s case where the employee has a “diminished earning capacity”. Missouri has no similar provisions which take into account “lost earning capacity” , but “Missouri Workers’ Compensation Administrative Law Judges” will generally be sympathetic and will usually take into the claimant’s circumstances.”Illinois Arbitrators”, however, can directly consider lost earning capacity. On the otherhand, Permanant total disability means that the injured worker cannot compete for employment in the open labor market. As attorneys representing “total disability” clients, we will usually also file for Social Security Disablity on their behalf. In the vast majority of these cases , our clients will be adjudicated as being totally disabled under both systems. Oftentimes we will try to settle Permanant total Disability cases in Missouri and Illinois “work comp” cases in order to avoid a potential “offset” reduction in “Social Security Disability” benifits. Ask your attorney to explain the potential settlement value of your case versus letting a judge decide and whether you may have a “Social Security offset” problem .You may also ask your attorney whether you may benifit from “vocational rehabilitation” if you cannot return to your former employment. Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

Over the years, I have handled numerous Missouri and Illinois “work comp” injury cases. It often surprises injured workers to find that they can pursue their case in both states.  Sometimes we will have an injured worker who is employed in St. Louis, but who is injured, for example, in Belleville, Alton, or Granite City, Illinois. Under these circumstances, the worker can pursue their case in both Illinois and Missouri. As an attorney, I will usually file a claim in both states and eventually determine which state is most favorable.  In Illinois Workers’ Compensation cases, a worker can choose their treating doctor, which is certainly an advantage.  There are also more favorable circumstances where an emloyee can’t return to their former employment and needs vocational rehabilitation.  In addition, there are higher maximum rates for temporary total disability, permanent partial disability and permanent total disability benefits.  However, for employees who are not as highly paid, the permanent partial disability rates are based on 60%, rather than 66 2/3%, as is the case in Missouri.   Missouri Workers’ Compensation also has a special benefit called the “Missouri Second Injury Fund” which often provides extra compensation for a wide variety of pre-existing conditions.” Illinois Comp” tends to favor highly compensated workers who are seriously injured.  “Missouri comp” tends to favor less highly compensated workers and workers with significant pre-existing disabilities.  If you qualify for benefits in both states, it may be helpful to hire an attorney who is licensed in both states. There are a multitude of other factors which may come into play, such as attorney’s fees which are 20% in Illinois versus 25% in Missouri.  Also the venue, or place where your case comes up for hearing, will influence your attorney’s strategy.  My advice- ask your attorney if he practices in both states! Submitted by Jeff Swaney FREE CONSULTATION 314-481-7778

The Swaney Law Firm would like to announce that, even though our office hours are limited from 8:30am to 5pm Monday through Thursdays and 8:30 am to 4pm on Fridays, we are available and flexible to meet new Personal Injury and Work Comp clients on evenings and weekends. While there may be scheduling conflicts on occaision, we will provide free consultation to all individuals who are interested in retaining us .