Warren McGraw & Knowles LLC Law BlogFindLaw IM Template2025-03-31T13:12:52Zhttps://www.wmpalawblog.com/feed/atom/WordPress/wp-content/uploads/sites/1502301/2020/03/cropped-site-identity-32x32.jpgOn Behalf of Warren McGraw & Knowles LLC<![CDATA[Decoding SSDI benefits: Understanding the duration of support]]>https://www.wmpalawblog.com/?p=490312023-12-19T18:32:51Z2023-12-19T14:32:42ZEligibility criteria and benefit duration
The duration of SSDI benefits hinges on several factors, primarily the severity of the disability and the individual's work history. The Social Security Administration (SSA) evaluates the disability's severity and its impact on the person's ability to engage in substantial gainful activity (SGA).
If the SSA determines that the disability is severe enough to prevent the individual from engaging in SGA for at least 12 months or resulting in death, they become eligible for SSDI benefits. These benefits typically continue until the individual's medical condition improves enough to return to work or reaches retirement age, converting the SSDI benefits into Social Security retirement benefits.
Continuing eligibility reviews
SSDI recipients should be aware that the SSA conducts periodic reviews to assess their continuing eligibility for benefits. The frequency of these reviews varies based on the severity of the disability and the likelihood of improvement in the individual's condition.
During these reviews, the SSA evaluates whether the recipient's medical condition still meets the criteria for disability and if they are engaging in substantial work activity. If the SSA determines that the individual's condition has improved to the extent that they can return to work or engage in SGA, the SSDI benefits may cease.
Ensuring continued support and legal assistance
In conclusion, the duration of SSDI benefits is contingent upon the severity of the disability and the recipient's medical condition. While some individuals may continue to receive benefits for an extended period, others may experience a cessation of benefits due to improved health or ability to work.
SSDI recipients facing benefit cessation or undergoing eligibility reviews should seek legal guidance from experienced SSDI attorneys. These professionals can assist in navigating the complex review process, gathering necessary medical evidence and presenting a solid case to ensure continued access to essential SSDI benefits. Understanding the nuances of benefit duration and seeking legal support ensures that individuals rightfully receive the support they need in their time of need.]]>On Behalf of Warren McGraw & Knowles LLC<![CDATA[Unveiling the why behind workers’ compensation denials]]>https://www.wmpalawblog.com/?p=490282023-08-09T19:51:01Z2023-08-09T13:00:57ZFailure to report promptly
One of the leading causes of denied worker's comp claims is the delay in reporting the injury to your employer. Pennsylvania law requires injured workers to report their injuries within 120 days of the incident. Failing to do so could lead to a claim denial, as the employer might argue that the injury occurred outside of work.
Lack of medical evidence
Proper medical documentation is crucial when making a worker's comp claim. If your medical records don't clearly connect the injury to your work activities, the insurance company might question the validity of your claim. You should seek medical attention promptly and provide accurate information about the incident to your healthcare provider.
Pre-existing conditions
You may face denial of your claim if the insurance company believes your injury was pre-existing or not directly caused by your work. It's important to be transparent about any pre-existing conditions you have that might have been aggravated by your work activities. Medical evaluations and professional opinions can play a vital role in proving the connection between your job and the injury.
Disputes over the cause of injury
In some cases, employers or insurance companies may dispute whether the injury actually occurred at the workplace. This is where clear documentation and eyewitness accounts become crucial. Reporting the injury to your supervisor immediately and having colleagues who can testify on your behalf can strengthen your claim.
Missed deadlines
Apart from the initial reporting deadline, Pennsylvania also has a statute of limitations for filing worker's comp claims, which is generally three years from the date of the injury. Failing to file within this timeframe can result in a denied claim.
Not following medical advice
If you refuse or fail to follow the prescribed medical treatment for your injury, the insurance company might argue that your actions contributed to the severity of the injury or prolonged your recovery. This can lead to claim denial or a reduction in benefits.
Navigating Pennsylvania's worker's comp claim process requires attention to detail, promptness and adherence to guidelines. Awareness of the common reasons for claim denials can help you take the necessary precautions to ensure your claim is approved. If your claim does get denied, remember that you have the right to appeal the decision. Working with a skilled professional who can help you present a strong case and make any appeals is important.]]>On Behalf of Warren McGraw & Knowles LLC<![CDATA[The benefits of hiring a personal injury attorney]]>https://www.wmpalawblog.com/?p=490272023-06-15T22:17:21Z2023-06-15T22:16:51Zkey benefits of hiring a personal injury attorney to represent your interests:
Knowledgeable about personal injury law
Personal injury attorneys understand the intricacies of personal injury law. They possess extensive knowledge of the legal system, understand how to build a strong case, and are well-versed in the tactics insurance companies and defense lawyers use. By leveraging their knowledge and experience, they can advocate for your rights and increase your chances of receiving fair compensation.
Thorough investigation and evidence gathering
One of the crucial aspects of a personal injury case is gathering evidence to support your claim. Personal injury attorneys have the resources and experience necessary to conduct a thorough investigation. They work with a network of experts, including accident reconstruction specialists, medical professionals and investigators, to gather and analyze evidence that strengthens your case. This includes obtaining police reports, interviewing witnesses and preserving crucial evidence before it's lost or destroyed.
Accurate case valuation
Determining the true value of your personal injury claim can be challenging. Insurance companies often try to minimize their payouts by undervaluing your injuries and losses. A personal injury attorney understands the nuances of assessing your case's value. They consider medical expenses, lost wages, pain and suffering, future medical needs and long-term impact on your quality of life.
Negotiation and litigation skills
Personal injury attorneys are skilled negotiators. They know how to engage in settlement negotiations with insurance companies to ensure you receive the compensation you deserve. They can take your case to court if they cannot reach a fair settlement. With their litigation skills and courtroom experience, they can present a compelling case on your behalf, fighting for your rights and pursuing the maximum compensation available.
Peace of mind and focus on recovery
Dealing with a personal injury is physically, emotionally and financially draining. By hiring a personal injury attorney, you can focus on your recovery and well-being while knowing that your legal matters are in capable hands. Your attorney will handle the legal complexities, communicate with insurance companies and advocate for your best interests, allowing you to prioritize your healing process.
Hiring a personal injury attorney brings invaluable benefits to your case. Don't navigate the legal process alone if you've suffered a personal injury. Contact a skilled professional to help you through this challenging time.]]> Tim Knowles<![CDATA[What’s My Personal Injury Case Worth?]]>https://www.wmpalawblog.com/?p=489712023-05-23T04:10:15Z2023-04-20T19:04:04ZLiability
One of the first things we determine is who is at fault for the incident. In some cases this is an easy task. In an automobile collision where multiple witnesses saw the defendant go through a red light, the defendant will probably admit fault. In other cases, liability is strongly contested.
As attorneys, we spend a significant amount of time doing things like interviewing witnesses, going to accident locations, reviewing video footage, and talking to experts in order to determine who was at fault. No matter how badly you were injured in an incident, do not be surprised if the defendant is unwilling to make an offer to settle your case if liability is not clearly in your favor.
Damages
If we can prove the defendant was at fault, we look at the damages involved. Damages are the types of harm for which the injured party can be compensated.
Pain, Suffering, and Loss of Life’s Pleasures
Often, the largest area of recovery is for pain, suffering, and loss of life’s pleasures. While this encompasses the pain caused by the injury, it also includes things like inability to enjoy family or social activities, difficulty sleeping, humiliation caused by the injury, and the sense of loss that accompanies a serious injury. The recovery for pain and suffering must be backed up by the medical evidence.
Scarring and Disfigurement
In certain cases, such as those involving burns, amputation, or surgery, the victim can make a claim for scarring and disfigurement. In these cases, it is important that progression of the injury be well documented through photographs and video. The recovery can include visible marks on the skin, but it can also involve things like limping or involuntary cramping of certain body parts and the humiliation that can result.
Medical Bills
A big issue in personal injury litigation is recovery of both past and future medical bills. The rules regarding whether you can recover for medical bills vary by the type of case and often involve health insurance liens. We spend a lot of time investigating the type of health insurance to determine whether it has a right of reimbursement and, if so, the allowable amount. Future medical bills can be difficult to prove, and we often hire experts to explain to the jury what the future holds for our clients.
Wage Loss
Recovery for wage loss is an important part of many claims. We can make claims for both past and future wage loss. These claims can be complicated, as they depend on the records of the doctors, past employers, and vocational evaluators. In addition, we must investigate whether any disability insurance coverage applies and, if so, whether the insurer has a right to be reimbursed for their payments.
Punitive Damages
Punitive damages can be claimed in situations where the other party’s conduct in causing an incident was outrageous and “in reckless disregard of an existing peril.” Punitive damages are not designed to compensate the injured party. They are intended to punish and deter the wrongdoer. They are typically allowed only in cases of extreme wrongdoing.
Loss of Consortium
If an injured person was married at the time of the incident and when the lawsuit was filed, the spouse can recover for loss of consortium. This is a claim that encompasses the impact on the spouse’s home life, family life, and relationship with the injured party.
Attorney Fees/Costs
In a personal injury case, a party generally cannot make a claim to recover their attorney fees and costs from the other side. This is known as the “American Rule.” There are some non-personal injury situations, like certain cases involving violation of a consumer statute or breach of a contract, where a prevailing party can recover their reasonable fees and costs.
Insurance Coverage
Another thing we consider is the amount of insurance coverage available for the claim. No matter how bad a person’s injuries, if the defendant doesn’t have the insurance coverage or assets to pay, the recovery will be limited. This is why it is important to have adequate medical, underinsured, and uninsured motorist coverage on your automobile insurance policy. These coverages will give you a source of recovery if you are injured in a car collision by someone with insufficient insurance coverage.
Venue
We also consider the type of court where a lawsuit will be heard. If a lawsuit is going to be filed in the state court of common pleas, we consider the possible counties where it can be brought. Each court of common pleas in Pennsylvania has its own rules and procedures to consider. Some cases are brought in federal court. The rules in federal court are quite different than state court and the cases tend to move much faster.
If you’ve been injured by another person and want to discuss your potential case, contact the attorneys at Warren McGraw & Knowles LLC as soon as possible for a free case evaluation.]]>by Tim Knowles<![CDATA[Avoiding Pedestrian Injuries]]>https://www.wmpalawblog.com/?p=489702023-04-09T12:59:16Z2023-04-09T12:59:16Z
Always use crosswalks when crossing the street.
Look both ways before crossing the street.
Be aware of your surroundings and be visible to drivers.
Don't walk at night if possible.
If you must walk at night, wear bright clothing and reflective gear.
Remain sober at all times.
Be aware of distracted drivers and be prepared to stop if they don't see you.
It is important to consult with an experienced personal injury attorney if you are injured in a pedestrian/motor vehicle collision. At Warren McGraw & Knowles, we will perform a thorough investigation to prove liability and recover from all possible sources. If you’ve been hurt in a car collision, contact the attorneys at Warren McGraw & Knowles to protect your rights and get the compensation that you deserve.]]>On Behalf of Warren McGraw & Knowles LLC<![CDATA[Pennsylvania Car Crash Statistics]]>https://www.wmpalawblog.com/?p=489672023-05-23T04:12:43Z2023-03-03T17:54:25Zcar accident statistics in Pennsylvania for that year:
Fatalities And Injuries
In 2021, there were more than 1,200 fatalities due to car accidents in Pennsylvania. In addition, there were a total of 5,122 people seriously injured in car accidents in the state.
Types Of Crashes
The most common type of car accident in Pennsylvania in 2021 was hitting a fixed object like a tree or sign, which accounted for 34,267 crashes. Other common types of crashes included angle crashes, sideswipe crashes, and rear-end collisions.
Factors Contributing To Crashes
Many factors can contribute to car accidents in Pennsylvania. In 2021, the most common contributing factors to crashes were distracted driving, improper turning, and speeding. Other factors included drunk driving, following too closely, and running red lights or stop signs. Crashes were also more likely to happen between 2:00 p.m. and 5:00 p.m.
Location Of Crashes
Car accidents can occur anywhere in Pennsylvania, but some areas are more prone to crashes than others. In 2020, the counties with the highest percentage of reportable crashes were Allegheny (9.9%), Philadelphia (8.8%) and Montgomery (6.7%).
Protecting Yourself On The Road
Car accidents can have serious consequences, including injuries, property damage, and even fatalities. To protect yourself on the road in Pennsylvania, it is essential to follow all traffic laws and regulations, avoid distractions while driving, and never drive under the influence of drugs or alcohol. In addition, always wear your seatbelt and ensure all passengers in your vehicle wear their seatbelts. Finally, if you are involved in a car accident, seek medical attention as soon as possible and contact an experienced car accident attorney to help you navigate the legal process.]]>On Behalf of Warren McGraw & Knowles LLC<![CDATA[What Do I Do If My Social Security Disability Claim Is Denied?]]>https://www.wmpalawblog.com/?p=489662023-05-23T04:14:12Z2023-02-13T21:41:30ZGet Legal Support
It can be challenging to know what comes next when you face claim denial. A skilled attorney can take you through critical steps, including:
Requesting reconsideration. The first step in appealing a denied SSD claim is to request a reconsideration. This involves submitting a request to review your claim to the Social Security Administration (SSA). You can do this by mail or online, and you will have 60 days from receiving the denial notice to make your request.
Attending a hearing. If they deny your reconsideration request, you can request a hearing with an administrative law judge. This hearing will allow you to present your case and provide additional evidence to support your claim. You will also be able to cross-examine any witnesses and question the evidence presented against your claim.
Filing a lawsuit. If your case is not resolved through the administrative process, you can file a lawsuit in federal court. This option is only available if the Appeals Council has denied your appeal or if it has not issued a decision within 60 days.
An attorney can help you gather evidence, compellingly present your case, and represent you at any hearings or appeals.]]>On Behalf of Warren McGraw & Knowles LLC<![CDATA[What Qualifies You For Social Security Disability Insurance (SSDI) Benefits?]]>https://www.wmpalawblog.com/?p=489642023-05-23T04:15:47Z2023-02-09T21:35:52Zqualifications for SSDI.
Understanding Your Condition
A significant portion of your claim for SSDI benefits will understand your condition and how it impacts your life. While there is a list of conditions that tend to meet the requirements for SSDI, there are methods for determining if other conditions are qualifying disabilities.
When it is time to look at your claim for benefits, people in the Social Security office will consider your condition's severity so they can move toward the next part of your claim.
Determining If You Can Work
Another critical part of processing your SSDI benefits claim is looking at the impact your condition has on your ability to work. Although you may still qualify for SSDI benefits while working, there are restrictions on how much you can make while receiving SSDI benefits.
If you are completely unable to work, there is still a process for approval by looking at questions such as:
Your employer will likely have workers’ compensation insurance that covers the cost of lost wages, medical care and other expenses. However, the process often comes with complex paperwork, and you could face denial of your claim.
When you have an injury at work, it is essential to have an advocate who can help you with the process. In addition to having support while you focus on getting better, a skilled professional can help you if your claim is denied.]]>