Workers’ compensation is a form of insurance. If you have been hurt at work, you are entitled to workers' compensation benefits without having to file a lawsuit against your employer. However, employers and their insurers do not always provide the benefits required by law, and navigating the workers' compensation system can be confusing and stressful.
Having an experienced workers' compensation attorney on your side ensures that you receive all the benefits the law provides. We specialize in workers' compensation law and handle all our cases as if they belong to our own family members.
Here is a sampling of what we do for our workers’ compensation clients:
> We handle contact with the insurance company and keep the stress off you.
> If the insurer and employer have denied benefits, we can take your case to court and seek an award of benefits.
> If you are receiving a weekly check, we will verify that you are receiving the full amount you are due under the law.
> We will seek all penalties you are owed.
> We will make sure you get the medical care you need and assist you in changing doctors if necessary.
> We can assist you in obtaining mileage for travel to and from medical appointments.
> We can arrange an independent medical examination if necessary.
> We will explain the settlement process to you and work to obtain top dollar for your case.
The web address for the Georgia State Board of Workers’ Compensation is sbwc.georgia.gov
You can call the State Board for claims assistance at (404)656-3818 or toll free (800) 533-0682
Social Security disability benefits are available for people who have a medical condition or conditions that have disabled them for one year or more or who have conditions that are expected to disable them for one year or more. Obtaining these benefits is a complex process and getting good legal representation is often very important to securing benefits. Here are brief answers to some of the questions we are frequently asked.
What is the difference between social security disability benefits and SSI benefits?
Social Security disability benefits ( also known as “SSDI” or “Title II” benefits) are disability benefits for workers who have paid into the social security system and earned enough credits for coverage. The amount of these benefits depends on your earnings during your working life.
SSI benefits ( Title XVI) are available to disabled persons who have not earned enough credits to qualify for regular social security benefits (Title II). In addition to being medically disabled under social security law, to qualify for SSI, you must also meet low income and asset requirements. The maximum SSI benefit is $710.00 for 2013.
How much will my monthly benefit be if I am approved for Social Security benefits?
For Title II benefits, this will depend on your earnings. You can call your local office or log onto SSA.gov to find out your SSDI monthly rate.
For SSI, the maximum benefit is $710.00 per month. The amount of your monthly benefit is calculated by the local security office after they obtain financial information from you about the income and assets of your household.
If I am approved, will I get Medicare or Medicaid?
As a general rule, Medicare comes with SSDI and Medicaid comes with SSI. For Medicare, there is twenty-nine month waiting period. You are not eligible for Medicare benefits until two years and five months have elapsed from the date your disability began.
If you are approved for SSI benefits, you will be entitled to Medicaid. There is no waiting for Medicaid benefits.
How do I get started?
You start by filing an application with your local office. This can be done in person, on the phone or online at SSA.gov.
What happens after I apply?
Your claim will be assigned to an adjudicator. The adjudicator will obtain copies of your medical records and may send you for a medical examination. The adjudicator will also send forms for you to complete and return. These forms relate to your daily activities and how they are affected by your conditions.
Once all the information has been gathered, a decision will be made on your claim. You will be notified in writing of the decision.
I was turned down. How do I appeal?
Once you are turned down at the initial level, you have sixty days to file a Request for Reconsideration. Most applicants are turned down at the initial application and at the reconsideration level. If you are turned down at the reconsideration level, you have sixty days from the date of the turndown notice to file a Request for a Hearing. The hearing is held by an administrative law judge who hears only Social Security claims.
How long will it take for my disability application to be approved?
There is no set time period. Unfortunately, social security disability applications in the North Georgia area are currently taking two years or longer to reach a hearing. In some cases, (although not many) this process can be expedited by filing a “dire needs” request. The dire need must be a financial or medical care emergency.
A personal injury is a physical, mental or emotional injury. Claims for personal injuries usually arise as the injury of the negligence of individual, business or other entity. Personal injury claims should be made as soon as possible. In Georgia, the statute of limitations (time limit to file a law suit) is generally two years from the date of the accident.
The three most common type of personal injury claims are injuries arising from auto accidents, slip and fall and defective products / product liability. In a personal injury claim, there are several types of damages that an injured party can seek. These damages include compensation for lost wages, compensation for past, present and future medical expenses and pain and suffering. In some situations, it is possible for the spouse of an injured party to make a claim for loss of consortium. Additionally, in some cases, it is also possible to recover punitive damages.
The lawyers at Stow, Garvin Glenn are experienced in negotiating settlements with insurance adjusters and in presenting winning cases before juries. Please call for a free consultation.
Our nation has recognized the duty to honor and care for our veterans since 1789 when the first U.S. Congress passed a law providing compensation for veterans. Since its creation in 1930, the VA Administration has been in charge of administering benefits to veterans. While the number and types of benefits available to veterans has grown over the years, the complexity of applying for and obtaining benefits has also grown.
Our firm has received an increasing number of inquiries from Vets seeking help navigating the complex regulations and rules relating to veterans benefits. In order to better serve our clients, we have expanded our practice to include VA benefits law.
There are many potential available to veterans, but it can be difficult to figure out which benefits to seek and how to seek them.
Here is a sampling of the benefits that may be available:
This is a monthly benefit similar to a permanent impairment rating in a workers’ compensation claim. It can be related to a disease process or injury and can be paid for mental and physical conditions.
This benefit is for veterans who are totally disabled (individual umemployablity).
The VA pension program is a needs based program similar to the SSI (Supplemental Security Income) program. It is available to low income veterans who are elderly or disabled.
Dependency and Indemnity Compensation
The family of a deceased veteran may be entitled to monthly benefits where the veteran’s death was service connected, or, in some cases, where the death was not directly connected to the military service.
Special Monthly Compensation (“SMC”)
This is an additional benefit that may be available to a vet who has lost the use of an organ or limb. This benefit is paid as compensation for service-connected disabilities involving anatomical loss or loss of use, like loss of use of hand or foot. This benefit is paid in addition to basic disability compensation.
Health Care Benefits
This benefit is generally available to vets with service connected conditions, certain combat victims and low income veterans.
This is just a sampling of potential benefits available to veterans. Please call us for a free consultation to see how we may serve you.