Springfield Injury Law Blog : Springfield Injury Lawyer & Attorney : Jason Krebs Law Firm : Branson, Tri-Lakes, Missouri: car accident, personal injury, food poisoning, medical malpractice, wrongful death

I was asked to sit on the Springfield Bar Association Call a Lawyer program on KY3.There were some common questions or complaints that I heard several times. I will try to answer some of them over the next few posts.

I heard several combinations of the following:

I hired __________(big local or national disability firm) and I can't talk to my lawyer,
or

I have had __ # of lawyers in the last year with the _______ firm 
or

The guy in the ad is not my lawyer, I've never met him.

Unfortunately while people are represented by an attorney, other lawyers should not give you advice. This is an ethical issue for the 2nd attorney. The only thing I can tell them is keep calling until you get a response or go sit in their waiting room. Calling other lawyers to ask questions related to your current lawyer or to interpret documents from your case is not appropriate.

The alternative is to fire the attorney and make another choice for your disability lawyer. This will not delay your case as some like to suggest, assuming you do not already have a hearing date and your new attorney needs a continuance to get your file together. It should not cost you additional money either. All attorney fees are approved by the judge. You may be responsible for some expenses regardless for medical records etc. The question you must ask yourself is "Do I feel comfortable with where I am now?

Please understand that not hearing from your lawyer should not be confused with not getting the answer you want to hear. Good attorneys will honestly discuss the weak points of your case. You should not take insult from this or feel your attorney " is not fighting" for you.

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I was asked to sit on the Springfield Bar Association Call a Lawyer program on KY3.There were some common questions or complaints that I heard several times. I will try to answer some of them over the next few posts.
 

Common Complaint #1

"I had my hearing several months ago and still don't have a ruling.  My attorney isn't doing anything about it."

There is very little your attorney can do to speed this up.  Many judges write their own opinions or make numerous revisions to opinions written by SSA opinion decision writers.  Wait times of 90 days are not uncommon.  Some judges may send you out for additional consultive exams.  Some judges are just slower than others.

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 Last week I was asked to sit on the Springfield Bar Association Call a Lawyer program on KY3.  I was really surprised at the call volume we received given that most social security disability lawyers offer a free consultation.  The phone rang off the hook.  In an hour and a half I personally probably handled 20-25 calls.

 There were some common questions or complaints that I heard several times.  I will try to answer some of them over the next few posts.

 Common question #1

Where do I apply for disability benefits?  

A. The best way to file a Social Security disability claim is to go to the nearest Social Security office in person and wait (often for a few hours) to see someone to file the claim in person.

In the alternative, a person may contact Social Security by telephone at (800) 772-1213 and arrange for a telephone interview to file the claim.

You may also apply on line at www.ssa.gov. 

Missouri Social Security Offices
Springfield: 1570 E. Battlefield, Springfield, MO 1877-850-7824 
Columbia: 803 Gray Oak Drive, Columbia, MO 1866-563-9108 
Joplin: 4102 S. Arizona Drive, Joplin, MO 18696-964-7421 
Lake of the Ozarks: 129 Scott Station Road, Jefferson City, MO 1877-405-9803 
Lebanon: 2546 S. Jefferson Avenue, Lebanon, MO 1866-931-7104 
Rolla: 1813 E. 10th Street, Rolla, MO 1573-364-8060 
West Plains: 1612 Imperial Drive, West Plains, MO 1866-614-2741 

For Arkansas click here

For Oklahoma click here

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Many of my clients coming to my office are very nervous about the Social Security Disability appeals hearing. Typically this is because the only legal proceedings they have seen have been on TV.  While there are many great lawyer TV shows (any many bad ones) these programs don’t represent what a Social Security appeals hearing will look like. 

The hearing is conducted around a long table in a room that is fairly small.  There is not a fancy courtroom like you may see on Law and Order.  The Administrative Law Judge (ALJ) will be seated at one of the tables behind a raised podium also called the “bench”.  You, as the claimant, will be in the room along with your disability lawyer and a court reporter to record the proceedings.

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Recently I was at the local Social Security Appeals office and saw once again a disability lawyer from a high volume disability law practice meet his client for the first time just minutes before the appeal hearing.  How can a lawyer meeting a client for the first time 10 minutes before the hearing prepare that person for their testimony?  If you go to your initial free consultation and don’t meet your attorney, or only briefly meet your attorney before being handed off to office staff, this may happen to you.

My approach is much different.  I always schedule a face to face meeting with my disability clients in my office prior to his/her Social Security disability hearing.  Usually, I try to meet several times prior to the actual hearing date to discuss the hearing procedures and to practice answering the questions that are likely going to be asked.  This is not a rehearsal or attempt to get “canned” answers, but rather to get my clients to understand the hearing procedure so they know what to expect and are not overwhelmed with the process.

Few people are comfortable in front of strangers talking about a disability and the difficulties it causes in daily life and in finding and keeping a job.  It can definitely help your case to have an attorney explain what may happen at the hearing in advance so you are more prepared to give complete and informative answers.

Every judge has his or her own style of conducting hearings.  Some judges rely more on the attorney to ask the questions, while some judges ask the bulk of the questions themselves.  Regardless of whether the judge or your disability attorney asks the questions, there is certain information that every claimant should know and be able to discuss clearly and accurately.

For example, a question to you could be, "How far can you walk?"  The wrong answer, but if you are not prepared, a likely answer is "I have never really thought about it – I just don't know."  The right type of answer is "I can walk to my mailbox, which is about 20 yards.  Because of the pain in my back, I have to stop and lean against a wall for about 5 minutes before I can walk back.  I always walk with a cane because I am unsteady on my feet."

Your attorney should help you prepare this information and if he or she does not, it can hurt the outcome of your disability claim.  Be sure you receive personal attention from your attorney. Ask questions about the hearing and what you should prepare.

If you are unsure if your attorney knows your name or could recognize you at the grocery store, please call Jason Krebs of the Krebs Law Firm for a personal approach to your disability case that ensures you are prepared and educated on the process.

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Your age does matter when it comes to social security disability claims.  For disability claimants older than the age of 50, the social security regulations recognize that its hard for an “old dog to learn new tricks” and as we age it gets harder to learn the skills needed to work a new job. Yet many Southwest Missouri workers older than 50 are denied disability benefits despite a lifetime of paying into the Social Security system.  This can be particularly frustrating to Missouri workers who have proven their integrity and character through their years of honest work.

The Social Security Administration has special rules for claimants over 50. Further, there is a better chance for an attorney to obtain an "on the record” (i.e. without a hearing) decision when a claimant is over 50 and can no longer do the sort of work he or she did in the past.

If you are over 50 years old and are limited to unskilled sedentary work, Social Security will presume that you are unable to transition to other work due to your age. This can make a huge difference for your claim. A person limited to unskilled sedentary work may lose his or her disability claim at age 48, but will win it at age 50.

At age 55, it gets a little easier for the claimant. A claimant limited to unskilled light exertion work is presumed to be unable to transition to other work.

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Social Security pays benefits to people who cannot work because they have a medical condition that is expected to last at least one year or result in death. Federal law requires this very strict definition of disability.  

One of the main things that the Springfield Missouri Social Security Office will look at in addition to the medical and/or mental conditions is the claimant's Past Relevant Work.  Past Relevant Work are the jobs the claimant had for the 15 years prior to the application.  The reviewers at the Springfield Social Security Field Office will review these jobs to see if you could still do the easiest job in your Past Relevant Work history and what, if any, transferable skills you may have acquired.

This part of the application is very important because it gives you the claimant the opportunity to define what exactly their jobs have been.  The problem I see in many SSDI appeals that I handle is the claimant treated this as a "job application" and tried to make their jobs sound as important as possible.  For example the fact that your job had the word "manager" in the title does not mean the your actual job duties would qualify as having  management functions under the Dictionary of Occupational Titles, which the Social Security Administration uses to define jobs.

There are a numerous of problems with the Dictionary of Occupational Titles that are far too extensive for this discussion.  One main problem is that many jobs are hard to define on paper.  Essentially you are trying to put a round peg in a square hole.  Regardless, these are the rules that claimants and Social Security Disability Lawyers must operate under.

Were you doing a lot of lifting as the manager or foreman? Was your job essentially the same as everyone else that you oversaw?  Did you hire and fire other employees?  Maybe you were not actually a manager.  It is important to discuss the physical aspects of the job on the application.

Other mistakes I see:

Overestimating or Underestimating the amounts you frequently lifted as part of the job.

Not listing physical demands of a job that may appear fairly sedentary.

Underestimating  the amount of time each day you stand.

Underestimating the amount of time each day you are reaching.

Most initial claims will still be denied, however you will have helped you appeal by being as accurate and consistent as possible from the early part of your SSD claim.

For additional help after a claim has been denied feel free to contact my office.  It does not cost you anything to call and schedule an appointment with The Krebs Law Firm LLC to discuss your Social Security Disability Appeal.   If  I  agree to represent you fees are only  paid under the Fee Agreement System of the Social Security Administration when you win your case and get paid.

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The League of American Bicyclists recently recognized Springfield, Missouri with a Bronze Level award  for encouraging citizens to ride bicycles for fun and transportation. While this isn't a declaration that all is safe to ride your bike anywhere in town, it is a start and not something bestowed on just every town.  I reviewed the application submitted for the award and was excited to see areas slated for improvement that could reduce bicycle accidents in Springfield

Springfield's total road network is reported at 1000 miles with 14 miles of total shared-use paths.  So 1.4% gives us a lot of room to grow.  I was encouraged to see that although we have just 4 current bike lanes, 130 were planned.  Additionally, only 15 paved shared use paths exist today, but 60 are planned.  As far as safety for the average cyclist, a shared use path is the best option to preventing bicycle accidents.  A bicycle lane is just a portion of the roadway marked for exclusive use by bicyclists, but a shared use path is defined by the League of American Bicyclists as a "bikeway outside the traveled way and physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within an independent alignment."  The more separation between a bicyclist and a car, the safer the cyclist will be.  

Naturally, Springfield, nor many other cities, can support avid cyclists need for mileage on four shared use paths, so please be careful out there.  A "bike friendly" stamp of any color--bronze, gold or purple--it isn't going to keep you safe from an encounter with a car, nor will it prevent a bad or distracted driver from hitting you.  If you do have the misfortune of being on the more unfriendly side of cycling in Springfield and get injured in a bicycle accident, please give me a call.  As both a lawyer and a dedicated cyclist, I can help.

Read the full press release here: http://www.ozarkstransportation.org/NewsandPress/START-BFCPressRelease.pdf

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In Part One of this series about how a lawyer can help after a car accident,  I covered one concern people have--that it may look like they are not knowledgeable enough or basically, the "How hard can it be" mindset.   I countered that an accident attorney can navigate the insurance company roadblocks for you and possibly increase the compensation you could receive for your injuries. 

Now I want to cover another reason I hear from people as to why they are apprehensive about contacting a personal injury lawyer--They don't want to look like they are chasing money or are greedy.  To this I say, that is definitely NOT what hiring a lawyer after an accident is all about.

First, if you are hurt in a car accident, the other driver who may have caused the accident is likely not going to have to write you a check for any damages.  Don't feel bad for that poor high school kid or sweet old lady who was so upset after hitting your car.  Who pays in an accident is the insurance company. Think AIG, Shelter Insurance, Allstate, and Progressive and not the sweet old lady.  This is why Missouri law requires drivers to carry auto insurance and this is the purpose for having auto insurance.  

After you are hurt in a car accident, you can have a lot of new expenses.  We all know health care is very costly.  Even if you are fortunate to have health insurance, there are deductibles and uncovered procedures. You will certainly have repairs to your car and maybe even a temporary rental car while yours is in the shop.  You may have missed work while in the hospital without sick days or vacation days (or after you used those) and you had no income.  Extra therapy may be required for your recovery that your health insurance won't cover, or you have to take unpaid time off work for therapy since you may have used all your sick days and vacation time.  Additionally, you may be injured so that you cannot work the same job or enjoy the same activities.  Lastly, there may be future medical expenses do to the long term effects of your injuries.  These are all costs that you are now paying as the result of a car accident that was not your fault (or at least not 100% your fault).

It is not definitely not selfish to ask that the responsible party's insurance company pay for these unexpected expenses and even for your related pain and suffering.  No sane person would willing choose to be involved in a serious car accident just for the money. It is too disruptive to your life, your family, your goals and causes too much uncertainty for your future.

As a car accident lawyer, I turn down clients every day who are just trying to make a claim for the money.  They usually don't have a case and even if they do, it certainly isn't a case I want.  If you are hurt from a car accident, call an experienced lawyer for help. Get an expert to do the work for you and help you maximize your claim.  Don't worry about looking like you can't do it yourself or looking like a a gold digger.  Instead, worry about getting your life back.

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