What It Means When Your Disability Claim Is Denied

When you can no longer work due to illness or injury, you may be entitled to Social Security benefits to help you cover your cost of living and medical bills. While these claims are very common, over half are denied. If your claim was denied, it’s time to schedule an appointment with Iowa disability lawyers. The denial does not mean that you are not, in fact, disabled, and an experienced attorney will help you with the appeals process.

In your denial notice, the Social Security Administration will explain its reasoning. They may say, for example, that there are other forms of work that your current condition does not make difficult or impossible to do. Or, they may give a technical description of how your condition does not impede your ability to perform your duties.

Often, the SSA bases its rationale on the incomplete medical evidence that is available. At the Law Offices of James P. Hoffman, we carefully review clients’ cases and help them prepare a strong appeal. Just because you have been initially denied does not mean that you cannot receive disability benefits. But it is crucial that you consult with an attorney who is deeply familiar with disability claims and the appeals process.

While denials on appealed cases are even more common than denials on first-time claims, a knowledgeable Iowa disability lawyer will ensure that you have a better chance of securing a favorable outcome. The sooner you speak with an attorney after your denial, the sooner you can schedule a hearing with the SSA. At our law firm, we take your injury or illness seriously. We understand that stress runs high when you face financial hardship due to disability. As our client, you receive personalized attention and aggressive representation.

Common Myths about Workers’ Compensation

When you are injured on the job, you are entitled to workers’ compensation to help you cover medical expenses and lost wages. Workers compensation claims are very common; however, certain myths about them nonetheless continue to circulate. When you have questions about filing a claim for a work-related injury, it’s best to consult with an Iowa workers’ compensation attorney. Below are five of the myths we hear most often at the Law Offices of James P. Hoffman.

Myth 1: Your injury must occur on the jobsite. – Workers’ compensation benefits cover any injury you sustain while doing your job, not just at your place of employment or jobsite. For example, you may qualify if you are injured in a car accident while on the way to work-related appointments.

Myth 2: Your employer will help you optimize your benefits. -- While many employers do help injured employees with the process, they do not necessarily assist you with obtaining maximal coverage. And while most claims will not require legal representation, an experienced attorney will ensure you receive the full benefits you deserve.

Myth 3: Attorney’s fees will take the majority of your compensation. -- In workers comp cases, legal fees are often limited by statute. Your attorney will let you know upfront what to expect regarding cost.

Myth 4: Workers’ compensation is the only recourse for your injury. -- If your injury is due to another’s negligence, you may qualify for a personal injury claim for financial compensation.

Myth 5: You can be fired for your workers’ compensation claim. -- By law, employers cannot discriminate on the basis of physical or mental disability. Your employer cannot fire you for exercising your right to use workers’ compensation. You will be held to the same standards regarding your employment status as before you were injured. 

If you have trouble filing your claim, or your claim is denied, schedule an appointment with an experienced Iowa workers compensation attorney. At our firm, we fight to win the settlements our clients deserve.

Repetitive Stress Injuries and Workers’ Compensation

Getting injured while on the job can be devastating. Most Americans value their jobs and workplaces, so any interruption to your daily work activities due to pain or injury can be a scary thing. This is especially true for employees who are suffering from stress injuries caused by repetitive tasks. Any task you do, no matter how simple, can cause strain and cramping. Though it may not seem like a situation worthy of a workers’ compensation claim, it actually does meet the criteria. Since laws and regulations vary from state to state, it’s vital that you understand how an Iowa workers’ compensation claim works for repetitive stress injuries.

A repetitive stress injury is typically the result of performing a particular action many times. It is defined as a gradual buildup of damage to muscles, tendons, and nerves from repetitive motions. Some of the most common are:

• Carpal Tunnel Syndrome
• Rotator Cuff Tendonitis
• Nerve Inflammation
• Tennis Elbow

If your pain is a direct result of your daily activities at work, then you are entitled to seek compensation for medical costs, lost wages due to absences from work, and costs from various types of therapy or retraining. Your recovery is important to your overall health, so trying to deal with the pain while continuing to work is not a good option. Since seeking workers’ compensation on your own can be a complicated process, it is best to work with an attorney who is well versed in workplace injury and how to correctly file a workers’ compensation claim in Iowa. With an attorney by your side, you’re more likely to get the payout you need to maintain your livelihood while you recover.

Common Orthopedic Injuries

The human body can typically withstand a lot of wear and tear over the years. However, the more stress the body endures, the more likely an injury is to occur. In some unfortunate cases, injury can inhibit your ability to remain employed due to either physical or mental fatigue. When this happens, you are encouraged to seek out disability lawyers in Iowa who will help you determine your eligibility for Social Security Disability (SSD) benefits. Whether your disability is temporary or permanent, you may qualify for these benefits.

Because the musculoskeletal system in your body is vast and complex, there are many types of orthopedic injuries that you could suffer from. Some of the most common orthopedic injuries are bone fractures, sprains, and strains. However, the following injuries are also typically covered under SSD benefits:

• Major Dysfunction of the Joints
• Soft Tissue Injuries
• Spinal Disorders
• Amputations

Even if your orthopedic injury is uncommon, you still may qualify for benefits. When it comes to proving a disability to the Social Security Administration (SSA), the most important leverage you have is a qualified Iowa-based disability lawyer on your side. A lawyer will know how to help you prove that your disability is preventing your activities of daily living, especially your ability to work. Even if you’ve been denied, seeking counsel can help identify why the SSA rejected your claim before and help you provide new evidence to ensure you get the benefits you are entitled to receive.

When to Contact a Lawyer Due to Toxic Exposure

Your employer has a responsibility to care for all employees and make every effort to ensure their safety. In most cases, that duty is fulfilled to the letter. In other cases, it’s not upheld as it should be, with the result being that someone gets injured.

If you’ve been exposed to a toxic or noxious substance at work and have suffered as a result, there are options open to you because your rights protect you. If you’re wondering about contacting a lawyer about the incident, our team at the Law Offices of James P. Hoffman has provided the answer here. We are noted among Iowa disability lawyers for the quality of our work and believe this information will be useful.

What you need to know is that you are entitled to workers’ compensation or civil damages depending on the circumstances of the case. If your employer denies your claim, then you should pursue legal action for the justice and compensation you deserve. It’s not easy proving that toxic exposure has led to an injury on your part, but it will be easier to present your case strongly when you have the support of one of the Iowa disability lawyers, such as the one you will find at our firm.

Know Your Rights When You’re Injured on the Job

Everyone has rights; that’s one of the great things about our country, and those rights don’t fall by the wayside when you’re at work. In fact, your rights are bolstered by employment rules and health and safety regulations when you’re on the job.

A lot of people don’t realize that, and if they get hurt on the job, think they have no recourse to the law; it’s just business as usual. At the Law Offices of James P. Hoffman, an Iowa workers’ compensation lawyer, we know it’s not the case and have written this blog post to help you understand your rights when you’re injured on the job.

There are several facts that you should know, including:

• You have the right to file a claim in workers’ compensation court or industrial court.
• You have the right to pursue medical treatment.
• If your doctor clears you to return to work, you have the right to resume your job.
• If you are unable to return to work in the short- or long-term, you have the right to compensation.
• Your rights allow you to be represented by a lawyer during the entire process.

Seek out an Iowa workers’ compensation lawyer who will fight for your rights and seek the compensation you deserve. It’s your right.

Learn More About Suing an Employer for Injury

In most instances, employees cannot sue their employers for work-related injuries. However, there are a few exceptions. Knowing those exceptions can help you greatly if you feel you may have a case for a work-related injury claim. While employers are typically immune from personal injury claims, their immunity is not absolute. The following are situations where you may be able to sue an employer:

The Employer Intentionally Caused Your Injury – In several states, if you can prove that an employer deliberately caused an injury, you can seek full compensation for any injury-related losses.

The Employer Denied a Workers’ Compensation Claim in Bad Faith – In some states, a bad-faith denial of workers’ compensation benefits offers grounds to sue an employer. However, you may need to exhaust other avenues, such as filing an appeal with your state’s workers’ compensation board, before filing a lawsuit in court.

The Employer Manufactured the Product That Injured You – If you were injured in an accident that resulted from a defective product manufactured by your employer, you may be able to sue your employer under the pretense of product liability.

The Employer Has a Relationship with a Contractor or Subcontractor – If you suffered your injury in an accident that involved a contractor or subcontractor, your employer could ultimately be liable based on its business relationship with them.

It’s important to remember that workers’ compensation laws vary between states. To find out if any of these exceptions apply to your personal circumstances, it behooves you to turn to skilled legal counsel. A knowledgeable workers' compensation attorney can examine the details surrounding your situation and let you know what you can do to keep moving forward. If you’re looking into suing an employer for injury, the team at the Law Offices of James P. Hoffman can determine if you may be entitled to take legal action.

Why You Should Seek Assistance from Iowa Disability Lawyers

The Social Security Disability (SSD) application process can be complex, and at times, overwhelming to deal with. If you’ve suffered a life-changing injury and are considering pursuing a disability case, seeking counsel from a knowledgeable, skilled disability lawyer is well worth it. The following are some of the strongest reasons to turn to Iowa disability lawyers to help you with your case:

A Strategic Approach: After carefully assessing your case, your representative can evaluate the strength of your claim and make it strong by determining how to best move forward. A seasoned lawyer is prepared to incorporate all of the details of your story into a compelling case that should give you the strongest chance of earning a successful outcome.

Attention to Detail: Lawyers know all the necessary details and can help you ensure that you fill out your SSD application accurately. If you have never experienced this situation before, it pays to have someone knowledgeable walk you through it to make sure you are getting everything you need to move forward.

Assisting with Medical Evidence: Part of a complete SSD application is the inclusion of medical evidence – a key factor in every case. A lawyer specializing in disability cases can help you gather all of the medical paperwork needed to provide you with the best opportunity for approval.

Staying Diligent if Denied: It’s not uncommon for initial applications to be denied. If your initial claim gets denied, it doesn’t mean that your case is finished. If your claim was denied, you can appeal the decision with the help of a knowledgeable lawyer.

If you have suffered a serious injury that is keeping you from working and negatively impacting your quality of life, you may be eligible for Social Security Disability. Call on the legal team at the Law Offices of James P. Hoffman to schedule an appointment for an initial consultation and see about getting the compensation you deserve.

Can You Sue Your Employer for Injury in Iowa?

When you’re suffering pain and financial consequences from a workplace injury, you may want to see your employer held accountable in court. For some people, it provides a catharsis they simply can’t get from the negotiation table. That’s why one of the most common questions we get at our firm is, “Can you sue your employer for injury?”

Unfortunately, the answer is usually no. Under federal law, employees aren’t allowed to sue their employers in civil court for negligence and unsafe work conditions. In return, employees don’t have to prove the employer did anything wrong to receive workers’ compensation, such as medical benefits, temporary disability benefits, and permanent disability benefits. To get the most compensation possible, it’s recommended to retain a skilled attorney to represent you.

However, there are certain circumstances in which you can sue your employer for injuries. These cases rarely occur, but they do happen. For example, in some states, you may go to court if you can prove your employer intentionally caused your injury. Likewise, some states offer more legal options if you were injured in an accident involving a defective product your employer manufactured. Discuss the details of your case to explore all the avenues available to you.

Welcome to Our Blog

People often say that knowledge is power, and it’s very true regarding the legal field. Knowing your rights can often mean the difference between freedom and financial ruin. However, the legal system is notoriously complicated, making it difficult for citizens to understand the rights they are due fully.

At the Law Offices of James P. Hoffman, we’re committed to helping laypeople learn about the protections they are afforded under state and federal law. Whether you hire us as your Iowa workers’ compensation attorney, personal injury lawyer, or social security guide, we take the time to educate you on your rights. Furthermore, we fight ferociously to protect those rights.

Here on our blog, we’ll cover questions we often get from our clients, as well as legal topics important to hard-working Iowans like you. If you have any subjects you’d like to see us discuss, contact us with your suggestion. We’re passionate about clarifying the complexities of the law so that anyone can understand.

For specific legal questions, schedule a free consultation with our team. It never hurts to learn more about your rights and find out whether you have a case. We look forward to serving as your Iowa workers’ compensation attorney or helping you with your personal injury or social security concerns.