Tag Archives: Denver Social Security Disability Lawyer

Time Plan You Need to Know When Getting a Disability Claim

Workers’ compensation is a beneficial feature for employees like you because it provides insurance protection against injury that happens in the course of employment. It is an assurance for you as an employee that your employer is in-charge when something happens to you while doing your job. However, this insurance can add to your burden if you don’t know the process of getting your disability claim. It is then important that you know the deadlines you need to meet to get your claim.

Denver Workers Attorney

Involved Parties in the Process

When getting your disability claim, the responsible parties you need to interact with are your employer and the insurer. You need to know about how you can discuss with them the important things to take care of when going through the process. You might also need the service of a Denver workers compensation lawyer if you think you will have a hard time interacting with them.

Initial Steps to Be Done

When an accident happens and a worker is injured, the employer needs to make a report about the fatal injuries to the Division immediately. Failure to do it might delay the process so the employer should be responsible in doing this task. Within 4 days after the employer’s report is submitted, the injured employee should also submit a written report about the injury to his employer. The employer will then report all the injuries to the insurer within 10 days.

Insurer’s Decision

The insurer has 20 days to assess all the reports of the employer and make decisions about the claim. The insurer can either accept or deny the claim depending on the incident and the reports of the employer. In case of denial, a Notice of Contest will be released and the injured employee can file an Application for an Expedited Hearing within 45 days.

There are cases where filing for Division IME to dispute MMI or whole person impairment and filing for a hearing on any other issue are opposed by the injured employee. The injured employee can object to Final Admission of Liability within 30 days. If in 6 months no action to prosecute the claim happens after the injured employee objects to a Final Admission of Liability, the insurer may request the Division’s Director to close the claim.

The whole process of getting disability claim is indeed laborious. It will take a long time if there are unsettled conditions about the claim or worse, the claim may be closed. It is recommended to consult a Denver disability lawyer or Greeley workers compensation lawyer when going through the process because problems you can encounter in the process are too hard to win. A counsel will be a great help and it will also include assistance regarding the requirements and documents you need to take care of in getting your disability claim.

 

The process before the acceptance of your request for disability claim could be a very complicated process especially when hearings are needed to be done. Kaplan Morrell can provide you the legal assistance you need throughout the process so contact us here or give us a call at (866) 356-9898 for your FREE consultation.

The Difference between Workers Compensation and Social Security Disability

Denver Workers Compensation and Disability Lawyers Explain The Difference between Workers Compensation and Social Security Disability

Thanks to established labor policy, compensation systems have been set up for when an employee or a worker suffers a bad injury at work such as a fall or a blast. In the state of Colorado, there are two types of compensation which an injured worker may avail: the Social Security Disability from the Social Security Administration or the Permanent Total Disability under the Colorado Workers’ Compensation Law. Don’t know which one you can avail? Below is a simplified guide which compares and contrasts the difference between the two compensation options.

 

Qualifications

The qualifications for availing either the Social Security Disability or Permanent Total Disability vary.

Anyone who has been a member in good standing (meaning, all fees have been religiously paid) in the social security system for at least five years preceding an injury may avail of Social Security Disability. This option is more comprehensive in scope and considers all major prescriptions like hypertension, diabetes, etc., as well as injuries, whether work-related or not, in assessing your case.

 

On the other hand, the Permanent Total Disability option may only be availed of when returning to work is made absolutely impossible by the work-related injury. It is more restrictive in the sense that pre-existing conditions like hypertension etc. are not covered and should not be the main injury that prevents resumption to work.

Age as a factor of eligibility is also one of the stark differences between the two compensation systems. Social Security Disability uses a grid system, starting at age 45 and ending at age 65 in increments of five years. In simple terms, the older applicants are more likely to qualify under the SS Disability system. This is not the same with Workers’ Compensation. Permanent Total Disability will only look at one thing: whether an injured worker is fit to work. Any work, at that. This includes casual jobs with minimum wage salary.

 

Application and processing

Another difference lies in the presentation and processing of claims. Social Security Disability cases are filed with the Social Security Administration. This is a national office and the merits of claims are processed by a federal SSA judge in comparison with other national cases.

 

Meanwhile, Permanent Total Disability under the Colorado Workers’ Compensation Law is a state-administered institution and it would be best to consult a Colorado lawyer when filing a claim in order to prepare its merits. As discussed above, the most primary criterion for qualifying under Permanent Total Disability is capacity to work in general. The claim will be heard by a judge who will consider the findings of doctors and vocational specialists. This is where a Colorado disability lawyer comes in hand. When the claim is heard and the judge decides that you don’t qualify, a competent lawyer can still argue on your behalf for some compensation to cover your medical bills and loss of earnings, or make you qualify for some other compensation more fitting like a Permanent Partial Disability.

 

As it stands now, the process can be overwhelming with all its complexities. Depending on the preparation of the claim, an injured worker may qualify for both Social Security Disability and Workers’ Compensation, either of the two, or none at all. It is most recommended to consult a competent and experienced legal counsel.

Denver Workers Compensation Lawyer
Still confused? Kaplan Morrell, Denver disabiilty attorneys and Denvr workers compensation attorneys are here to help you understand further these two concepts. For many years, we have been helping workers claim what is due to them from their employers and/or other concerned parties.