When should I apply for SSD?

When should I apply for SSD?

by Nicholas Wearne, Attorney

SSD Department

Snow, Carpio & Weekley

One would think that the best time to apply for social security disability is right away or as soon as you know you are going to be disabled.  That is not necessarily the case.  One of the things you must prove in order to qualify for disability is that you have a severe injury.  Social Security considers an injury severe if it is going to take you off work for more than 12 months.

Often times if people apply for social security disability right after an accident or right after a disabling diagnosis and it results in a denial letter from social security disability stating that they believe the condition will resolve before 12 months have passed.  If your injury or condition is very severe or terminal you are not likely to run into this problem and should apply right away.

I normally advise people to apply for social security disability about 5 months after their disabling condition began.  It takes about 4-6 months to hear back on an application.  By the time it is being reviewed a person will have been disabled for about 9 months and the argument that the condition will not last 12 months is much harder for social security to make.

If you are looking to apply for social security disability benefits and have questions about when is the best time to apply call Snow, Carpio, and Weekley for a free consultation at 855-325-4781 or you can find more information about us on our website at www.workinjuryaz.com.

Tips for Injured workers when they visit a doctor.

Tips for Injured workers when they visit a doctor.

By Erica Melendez, Attorney

Snow, Carpio & Weekley

Many injured workers are not aware of the importance of every visit to the doctor.  When you visit a doctor for treatment of a work injury, every single medical note the doctors write is possible evidence in a future hearing about your medical treatment.

At your first doctor visit it is crucial to tell the doctor EVERY SINGLE PART of your body that was injured and make sure the record is documented.  When a devastating injury is suffered to one part of the body, often other parts of the body that are injured are overlooked.  Its important to report the other injuries to the doctor as soon as you are aware of them.

Being specific is another important aspect of your conversations with your doctor.  If you can, pinpoint your pain to a particular spot, not an area.  If you have back pain that radiates down your legs, specify whether it’s the front of the leg, back of the leg inside or outside and be specific about where the pain or numbness begins and ends.  If you are not specific, the doctor can write down that your pain complaints are “diffuse” which is code word for exaggerating.

Be consistent in you reporting of symptoms.  Don’t exaggerate but don’t minimize either.  If you minimize a problem that gets worse later, the medical records become inconsistent.  All of these factors are important to your credibility.

Be sure to clarify your work restrictions with your doctor at each visit.  Get a copy of your work restrictions in writing.  Your work restrictions are important to insure you are not re-injured and are giving your body a chance to heal.  Work restrictions also affect how you are paid if you are not working during your recuperation.  Keep track of your work restrictions and follow them carefully.

If you or someone you know has been injured at work or suffers from a medical condition or injury that will keep them from working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at www.workinjuryaz.com.

Arizona’s Compulsory Workers Compensation System

Arizona’s Compulsory Workers Compensation System

By Diana Robles, Attorney

Tucson Office

Snow, Carpio & Weekley

I am often asked by an injured worker, whether they can sue the employer for negligence.  The quick answer is no, however as is often the case, there is an exception to that.

Arizona law provides that all employees are opted into the Arizona Workers Compensation system. Therefore, an employee is bound to the workers compensation system, unless he has notified his employer in writing that he chooses to reject it.  The writing must be served on the employer.  This must be done prior to when an injury occurs.  An employer should have notice of these requirements in a “conspicuous place” at the premises.  So if your injury has already happened, it is usually too late to let your employer know that you would like to opt out of the system, and sue them in civil court.

If notice was not properly posted you, an injured worker might be allowed to maintain other actions against the employer.

If you or someone you know has been injured at work or suffers from a medical condition or injury that will keep them from working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at www.workinjuryaz.com.
 

Were they Hacked?

Blog Written by Chad Snow, Founding Partner/Attorney

Snow, Carpio & Weekley

A recent Federal lawsuit filed by an injured worker in California is claiming that three of the nation’s largest workers compensation insurance carriers hacked into her lawyer’s database to illegally obtain information.   The suit, filed in California, is seeking class action status.  It was filed by Adela Gonzalez, a client of the Los Angeles workers compensation firm of Reyes and Barsoum.  

The suit claims that three large workers compensation carriers hired private investigators to hack into the firm’s database “to get to thousands of attorney/client privileged documents” of injured workers and their lawyers so that the insurance carriers could gain an advantage in litigation and save money on judgments and settlements.  

If the allegations are true, it is a damning confirmation of how far carriers will go to avoid paying out benefits to injured workers.  It is also a reminder to attorneys who represent plaintiffs of all kinds that some insurance companies will stop at nothing to save money in order to increase their profits, including cyber-espionage.  

We here at Snow, Carpio, and Weekley take the security of our clients’ personal and claim information extremely seriously.  But this is a reminder that we always need to be vigilant.  

If you or someone you know has been hurt on the job or has an disability that could prevent them from working for at least one year, contact Snow, Carpio & Weekley for a free consultation by calling toll-free at 855-325-4781. You may also visit us online at www.workinjuryaz.com

What if I get denied?

What if I get denied?

By Nicholas Wearne, Attorney

Social Security Department

Snow, Carpio & Weekley

Clients come in to consult with me usually when they have recently been injured or when they have applied for social security disability and been denied.  If you have applied for social security disability benefits and been denied, do not be discouraged.  The application process for social security disability is a three step process and there are steps you can take to appeal the denial.

Initial Application: When most people come in to talk with us they have been denied at the initial level.  When you apply for social security disability benefits you can fill out an application on line at SSA.GOV or in person at the social security administration office.  The application is reviewed by the Department of Economic Security and the majority of applications are denied.

Reconsideration:  If you are denied at the initial level you can do a request for reconsideration.  When filling out the request you will be asked why you want the Department of Economic Services to reconsider your application.  Sometimes there is added information for them to consider and other times we ask them to reconsider purely because we disagree with the decision that was made.  If you were denied at the initial level, chances are you will be denied at the reconsideration level as well.

Hearing: If you are denied at the reconsideration level do not despair, you can request a hearing. At hearing you will go in front of a judge either by yourself or with your attorney and will be asked to make arguments as to why you believe you are disabled under the law.  Your chances of getting approved are much better at the hearing level than they are at the initial or reconsideration levels.  Obviously there is never a guarantee.  If denied at the hearing level there are even higher levels of appeal that I will explain in another blog.

If you or someone you know has been injured at work or suffers from a medical condition or injury that will keep them from working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at www.workinjuryaz.com.

Video Surveillance

Video Surveillance

By Erica Melendez, Attorney

Snow, Carpio & Weekley

I’ve had perfectly good cases ruined by video surveillance.  A worker who had a valid injury, takes their pain medication, feels suddenly on top of the world and then decides to….go outside and wash their monster truck?  Yes, this is one example of a good case tanked by surveillance.  It’s a fact that insurance carriers can and will hire private detectives to surveil injured workers for various reasons, including to be sure they are not working while being paid for being off work and to be sure they are following their work restrictions.  This may seem to be an invasion of privacy but it’s a common, legal tactic that insurance companies use.

To avoid having your case tanked by video surveillance, first of all be honest about whether you are working and always follow your work restrictions.  Even if you take your pain medicine and are feeling better, If your doctor says don’t lift over 10 pounds, floor to waist, don’t go to the grocery store and put a 50 pound bag of dog food in your cart!  If you are restricted from bending and twisting and lifting over 15 pounds, don’t drive around your neighborhood loading and unloading recyclables from the back of your pickup!  Many people become slightly paranoid when I tell them about the possibility of video surveillance.  However, avoiding the pitfalls of this issue are simple:  be honest and always follow your work restrictions.  

If you or someone you know has been injured at work or suffers from a medical condition or injury that will keep them from working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at www.workinjuryaz.com.

Can I sue my employer?

Can I sue my employer?

Blog Written By:

Brian Weekley, Partner/Attorney

Snow, Carpio & Weekley

Workers’ compensation is the exclusive remedy for employees injured in the course and scope of their employment. This means that an injured worker cannot sue their employer civilly in most situations. There are, of course, exceptions. One of the most common exceptions is if your employer is uninsured for workers’ compensation at the time of your injury. An election is made once the injured worker either files a civil suit or accepts workers’ compensation benefits. An uninsured employer waives the defense of comparative negligence  under these circumstances.

Another exception is if the employer intentionally injures the employee. This intent has never been found in the State of Arizona, and would indeed be a risky path to follow.

Overwhelmingly, workers’ compensation is the purpose designed and approved method for handling on the job injuries. The rules are fairly straightforward; If injured, report the details to your supervisor immediately. Fill out an accurate written report of injury. Seek immediate medical care. Provide accurate history of the injury. Follow the medical professionals’ advice. Unlike civil remedies, workers’ compensation provides lifetime medical care and benefits with no copays, deductibles, or out of pocket expenses. This is especially critical in more serious injury cases.

When the case becomes more complicated, which happens with most of the more serious injuries, seek legal advice early. Remember, the employer / insurance carrier has access to expert legal advice on a 24/ 7 basis. They make decisions based on this advice. The injured worker is strongly advised to do the same. Our office is available for free in person or telephonic consultation on any claims. 

If you or someone you know has been hurt on the job or has an disability that could prevent them from working for at least one year, contact Snow, Carpio & Weekley for a free consultation by calling toll-free at 855-325-4781. You may also visit us online at www.workinjuryaz.com

I ended up with a permanent disability....

I ended up with a permanent disability, 

so what am I entitled to?

By Diana Robles, Attorney

Tucson Office

Snow, Carpio & Weekley

Once you have reached a stable point in your recovery, or “maximum medical improvement,” your claim will be closed.  At that time your doctor will have to determine if you need any future medical care.  This is referred to as supportive care.  Arizona law requires that the insurance carrier continue to pay for certain treatment to help maintain your health.  That may be in the way of follow up visits with your medical provider, medication, injections or durable medical equipment.

In addition to medical care, you may be entitled to receive some monetary compensation if you have sustained a permanent disability under the American Medical Association’s 6th Edition Guides to the Evaluation of Permanent Impairment.  In Arizona, this is what will determine if the insurance carrier must pay you any additional amount of money due to the fact you now have to live with this permanent disability.  Whether you are entitled to receive any compensation, how much compensation you receive, and most importantly for how long you might get a certain amount is dependent upon a large number of factors.

This would include, but is not limited to some of following:  1) the area of your body which sustained the permanent impairment; 2) whether more than one body part sustained a permanent impairment; 3) whether you have a prior impairment or disability; 4) the percentage of impairment; 5) whether you have permanent work restrictions; 6) whether you can return to your date of injury employment; and/or 7) whether the impairment is causing you to earn less money than your established average monthly wage.

If it was not your own doctor who deemed that you had reached “maximum medical improvement”, but rather an independent medical examiner for the insurance carrier we make sure that your doctor has an opportunity to review all reports and recommendations.  Since there are so many variables involved, it is always advisable to consult with an attorney who practices in this area to make sure that you are receiving what you are entitled to under the law.

If you or someone you know has been injured at work or suffers from a medical condition or injury that will keep them from working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at www.workinjuryaz.com.

How old do I have to be to apply for SSD?

How old do I have to be to apply for SSD?

By Nicholas Wearne, Attorney

Social Security Department

Snow, Carpio & Weekley

This is kind of a trick question and difficult to answer.  A person is disabled under under the law if they 1) have a severe injury (injury that takes more than a year to heal from), 2) are not working, and 3) are disabled under the law.  There are three ways to prove that a person is disabled under the law 1) if they meet a listing, 2) if they grid, 3) if their condition is so sever that it is equal in severity to a listing.

Age makes a big difference to a person who wishes to prove that they are disabled using the grid. Social Security Disability has a table or spreadsheet they call the grid.  If you plug things like age, education, previous work experience, and current work restrictions into the grid table a person will come out to be disabled or not disabled. The older you are, the easier it is to use the grid to prove that you are disabled.  Before 50 the grid is very difficult to use to prove that you are disabled.  Before 50 we usually try and show that you meet a listing or that your injuries are so severe they are equal to a listing.

So, if you would like to use the grid to prove that you are disabled the best time to apply is once you are over 50.

If you or someone you know has been injured at work or suffers from a medical condition or injury that will keep them from working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at www.workinjuryaz.com.

Further Hearings of Doctors

Blog Written By:

X. Alex Carpio, Partner/Attorney

Snow, Carpio & Weekley

I always tell my clients that their case is only as good as their own treating doctor says. If you do not have a doctor that will support your medical treatment, there will be no way a lawyer can fight for you and your claim in court. 

It is crucial in a workers' compensation case to have a doctor who understands the legal process or is willing to talk to me before he or she testifies in Court. In my experience doctors who do not review their medical charts prior to hearings or who do not review the insurance carriers' evidence prior to hearing make my clients' cases more difficult to win in court. This is why I recommend that my clients change doctors who will do what is best for them and keep in communication with their attorney. 

Most cases hinge on Doctor vs Doctor conflicting medical opinions and the Judges have the difficult job of adopting one doctor's opinion over the other. 

If you or someone you know has been hurt on the job or has an disability that could prevent them from working for at least one year, contact Snow, Carpio & Weekley for a free consultation by calling toll-free at 855-325-4781. You may also visit our website at www.workinjuryaz.com

Average Monthly Wage

Average Monthly Wage

By Dennis Kurth, Attorney

Snow, Carpio & Weekley

The “average monthly wage” (AMW) is a critically important concept in workers’ compensation law as it is the basis for calculating all compensation due to the injured worker for the subject injury for the rest of his/her life.  It is officially set by the Industrial Commission shortly after time loss begins to accrue and when the carrier issues a preliminary AMW figure which the Commission reviews.  It carries a ninety (90) day statute of limitations for protest by claimants.

The presumptive AMW, under the statute and case law, is whatever the claimant earned in gross wages in the thirty days before the injury.  The exception is when that figure does not accurately reflect the claimant’s earning capacity.

In such cases the Commission may use an “expanded wage base “ and look at a greater period of wages pre-injury.  In cases where the claimant did not work a full month before the injury, the Commission might request from the employer and carrier, the wages of two other similar employees to use as a basis for setting the claimant’s AMW.  It might also just extrapolate an AMW based on the hourly rate and number of hours per week the claimant was hired to work.

AMW setting can often be problematic when the claimant received a raise shortly before the injury, or enjoyed a particularly lucrative month of enhanced earnings not destined to be repeated or went from being a low paid entry-level trainee to a full-time responsible employee in the month before the injury.  In such cases, use of an expanded wage base or extrapolation might be called for.

AMW settings should be closely scrutinized for accuracy by claimants and their representatives as soon as the carrier issues their notice setting the preliminary AMW.  Carriers, often with the misguided encouragement of the Industrial Commission, sometimes use an expanded wage base in situations where it is not called for to the great detriment of the claimant.

In the initial meeting with the claimant, the attorney should look for the status of the AMW setting and review the thirty-day wage reported by the carrier to the Commission.  If necessary, the claimant should be asked to provide pay stubs for the sixty (60) days or so before the injury.  If the claimant does not have such information in the initial meeting, a quick phone call to ICA claims can produce the needed information promptly. 

Setting the AMW is one of the few instances where the Commission actually issues an award which either side can protest.  Presumably many claimants, trust the Commission, a state agency, to look out for them and set the AMW fairly so that they are compensated fairly based on what they would have earned had the injury not occurred.  Unfortunately, that is not always the case, and claimants are best advised to be pro-active on their own behalf and seek an opinion by an experienced workers’ compensation attorney.

If you or someone you know has been injured at work or suffers from a medical condition or injury that will keep them from working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at www.workinjuryaz.com.

Social Security – The Application Process

Blog Written By:

Nicholas Wearne,  SSD Attorney

Snow, Carpio & Weekley

As the firm’s social security disability attorney some of the most common questions I get is how do I apply for social security disability and what do I expect once I have applied.   The application process for social security disability is a lengthy one.   It all starts with an initial application that you fill out online at www.ssa.gov. Once the application is complete it goes off for review.  They will request your medical records and determine whether you are disabled pursuant to the law.  It takes roughly 4-6 months to hear back on the initial application and the vast majority of people who apply get denied.  But do not be discouraged, the denial can be appealed with a request for reconsideration.

When a request for reconsideration is completed your application goes back in for the review process a second time.  Usually if you were denied at the initial level you will be denied at the reconsideration level as well. It takes about 6-8 months to hear back on the request for reconsideration. If you are denied at reconsideration, do not be discouraged, the denial can be appealed with a request for hearing.

If you have not involved an attorney at this point, I would highly recommend it.  It takes roughly a year to get a hearing date.  Unlike the previous phases prior to the hearing you will be expected to submit evidence to the judge regarding your medical condition.  At the hearing you will be expected to present an argument as to why you are disabled under the law.  The hearing lasts about one hour.  After several months of consideration the judge will make a determination as to whether or not you are disabled and qualify for benefits.

If you are denied at the hearing level, and there is an error in the way the judge applied the law you can appeal your case to the Appeals Counsel where a group of judges will review the decision to see if there was any error in the way the judge applied the law.  If you are denied at Appeals Counsel there are select cases you can appeal to Federal Court.  Federal Court cases are not something that we handle at our firm.

In sum, the application process is lengthy.  It can be frustrating and discouraging. If you are at any level of the application process and need help with your claim feel free to contact Snow Carpio and Weekley and just ask to speak with our Social Security Department. 

If you or someone you know has been hurt on the job or has an disability that could prevent them from working for at least one year, contact Snow, Carpio & Weekley for a free consultation by calling toll-free at 855-325-4781 or you can visit our website at: www.workinjuryaz.com

3rd Party Liability

Blog Post By:

Dennis R. Kurth, Attorney

Snow, Carpio & Weekley

The workers’ compensation law, besides being an important constitutionally-mandated insurance plan for injured workers, can also be a trap for the unwary in certain situations.  One of those situations is third-party cases.

When a worker is injured because of the negligence of a third-party (someone who does not work for the same employer), the worker can file a claim for and collect workers’ compensation benefits from his/her employer’s insurance carrier and sue the negligent third-party within one year from the date of the accident.  The workers’ compensation law gives the compensation carrier a statutory lien against the injured worker’s third-party recovery to the extent of all of the medical and indemnity benefits it has paid to or on behalf of the injured worker.

           

Where the settlement of any third-party claim is for less than the amount of the carrier’s lien, however, the injured worker must obtain the compensation carrier’s written approval to settle.  The purpose of this requirement is to protect the workers’ compensation carrier’s subrogation interest which could be extinguished by an inadequate settlement. 

Failure to obtain such written approval can trigger significant penalties including, at the extreme, forfeiture of all future workers’ compensation benefits, both medical and indemnity.  In other words, even if the injury was serious and the worker might need surgery in the future, he/she could never reopen the case.  Although the appellate courts in Arizona, over the years, have backed off on strict forfeiture in these situations, most workers’ compensation carriers, uninformed about case law developments, still try to impose forfeiture where the statute is violated.

Injured workers who have third-party cases, especially if they are pursuing these claims without an attorney, should get legal advice from a workers’ compensation attorney before settling such cases so that they do not run the risk of violating the statute and forfeiting future benefits.  These problems can often arise where the third-party, in an auto accident for example, has only a minimum liability policy which is quickly tendered to the injured worker.  It can also happen in the context of a third-party lawsuit where several defendants are sued and a small settlement is reached with a minimally-liable defendant.  In such situations, it is well worth consulting an experienced workers’ compensation attorney to make sure that the settlement complies with the workers’ compensation law and that the injured worker does not forfeit future benefits.

If you or someone you know has been hurt on the job or has an disability that could prevent them from working for at least one year, contact Snow, Carpio & Weekley for a free consultation by calling toll-free at 855-325-4781. You may also visit our website at: www.workinjuryaz.com

Concurrent Employment

Concurrent Employment

Arizona law provides that an injured worker is entitled to receive temporary compensation benefits if his doctor notes that his injury is preventing him for working, or limiting the type of work he can do.  

An injured worker is entitled to receive 66 2/3% of his average monthly wage.  This can include wages earned from another job, if the injury prevents one from doing both jobs.  It is very important that the insurance carrier is notified that you had concurrent employment.  Once you provide documentation on wages earned from this second job the insurance carrier should take this into account when they submit their recommendation of the average monthly wage.  If the wages from the second job are not included, you should notify the industrial commission and submit your documentation to prove that there are additional wages.  

Once the Industrial Commission issues their Notice of Average Monthly Wage you only have 90 days to protest the amount listed on that notice.  If that still doesn’t include wages earned from another job, you must request a hearing on the matter so that it may go before an Administrative Law Judge.  After the 90^th day, the wage has been set and will with very few exceptions, be the wage set for the remainder of the claim.

Blog WC Tip of the Day By:

Diana Robles, Attorney

Snow Carpio & Weekley

Tucson, AZ Office

If you or someone you know has been hurt on the job or has an disability that could prevent them from working for at least one year, contact Snow, Carpio & Weekley for a free consultation by calling toll-free at 855-325-4781.

Determination of Your Average Monthly Wage

Determination of Your Average Monthly Wage

Under the Workers Compensation system in Arizona you are entitled to two things while your claim is open; Medical treatment and 66 2/3% of your average monthly wage, if a doctor is keeping you off work or placing restrictions on what work you can do.  

Your average monthly wage is typically based on the 30 days prior to the date of injury.  However, in some instances this is not a fair or true assessment of what your wage should be.  For example, if you do not receive paid vacation time and had just taken a vacation within the 30 days prior to the injury, it wouldn’t be fair to use that to determine what your average monthly wage is.  Things like bonuses, overtime pay, and a side job should all be accounted for in the determination of one’s average monthly wage.  

When you get an Average Monthly Wage determination notice from the Industrial Commission of Arizona you have 90 days to protest it if you do not agree with the wage. 

You should contact Snow,Carpio & Weekley, so one of our attorneys can review this, so that your wages are determined in a way that is fair and accurate and not just left to the insurance company’s adjuster.

Blog WC Tip of the Day By:

Diana Robles, Attorney

Snow Carpio & Weekley

Tucson, AZ Office

If you or someone you know has been hurt on the job or has an disability that could prevent them from working for at least one year, contact Snow, Carpio & Weekley for a free consultation by calling toll-free at 855-325-4781.

Leaving the State While Your claim is Open

Leaving the State While Your claim is Open

As an injured worker Arizona law requires that you notify the Industrial Commission if you are planning on leaving the state for more than 14 days while your claim is open.  This can be done by filing paperwork prior to your departure.  Paperwork should include the address of where you will be staying while you are gone, and your reason for travelling or moving out of state.  

It’s always best to file something as soon as possible so that if your request to leave the state is denied, you have time to request a hearing on the matter.  If you leave the state without first obtaining permission your workers compensation benefits can be suspended.

Blog WC Tip of the Day By:

Diana Robles, Attorney

Snow Carpio & Weekley

Tucson, AZ Office

If you or someone you know has been hurt on the job or has an disability that could prevent them from working for at least one year, contact Snow, Carpio & Weekley for a free consultation by calling toll-free at 855-325-4781.

How am I supposed to feed my family?

              

  How am I supposed to feed my family? 

by April Snow,

Business Manager

Snow, Carpio & Weekley

One of the hardest parts of running a law firm that helps injured workers and those with disabilities is hearing the heartbreaking stories of what our clients go through when they have no income for up to 2 years if applying for SSD or if they are only receiving a percentage of their income if they have been injured on the job.

The most common questions I get from upset clients when I speak with them as the Business Manager for the firm is "How am I supposed to feed my family" or "How am I going to pay my rent/house payment?" In fact, the only time I really have to speak with an upset client is because of money. They are desperate for it. They need it and every day is a struggle to wait for it. And even when it comes in; its not enough to take care of everything. And I'm not just talking about people who didn't have a "rainy day fund" or savings built up, I am talking about everybody from every economic walk of life!

Imagine for a moment your own household budget. You know what is due every month, what your income is and you probably have a schedule for which bills you pay out of each paycheck. Now imagine that you go to work one day and you are injured. Injured to the point where you are now thrust into the long process of filing a claim, receiving ongoing medical treatment and depending on somebody who views you as a file number to pay you .6667% of your normal salary/pay in a timely manner. And your first compensation check doesn't come on your normally scheduled payday like your paycheck would. You have to wait for the claim to be accepted, a work status to be established by the doctor and oh yeah, you have to be out of work 14 days before they consider you as having a time loss. So from day one your are behind the 8 ball financially. 

I believe that there are three parts to an injury. First, the physical injury. Second the financial injury. Third, the emotional injury.

Have you ever seen a grown man cry? I have. Multiple times actually in my  years here at the firm. They are the ones who take it all the hardest it seems. When a man cannot work, cannot provide for his family and cannot put food on the table, it's his worst nightmare. You can see them change from the beginning of their claim through the end. They are the ones who will call me daily too see if their checks came in, even if they know they aren't even due yet. They are the ones who are yelling one minute and then literally crying on the phone the next minute because they are trying to keep it all together. 

In the time it takes an average SSD application to get approval or for an injured worker who has sustained a severe injury that will keep him out of work for months to get back on their feet and released to full duty; it is not abnormal to hear that our clients have had to move because they can no longer afford their home, have had vehicles repossessed because of non-payment or have had to apply for financial assistance through DES or other State agencies. I once gave a client a list of all the food banks in the East Valley and helped him map out where they were all located so he could go to multiple food banks in one day so he could stock up on food for his family. I started to cry when he left because I felt his despair and knew that even if I was able to help him personally, there are so many more in the same position as he was.

So what do we do to help? Well, the first thing we do is to train our staff to work diligently on client files, stay on task with all their assigned cases and stay on top of adjusters to pay compensation timely. We also train our staff through various Customer Service Training's throughout the year to understand that the person yelling on the phone or in the office is trying to cope with one of the most trying processes they will experience in their lives and that this is most likely not the way the person normally reacts and handles things. We train them not to get frustrated and not to get upset but rather, to be patient and listen. And when we listen, we try to see what it is they need and we try and direct them to outside resources that they may find useful during this sometimes very long and trying ordeal. 

As the support staff here at the firm, we have to be more than the people who shuffle the papers and process the checks; we have to be human and relate to the problems of our clients. Its what right and its what makes us different from other firms. Our attorneys work in these communities, most of them grew up in these communities and I am pretty sure that every single one of us here at SCW has faced financial hardships at one time or another in either their youths or adult lives. 

So, if you or somebody you know is in a financial situation because of an injury, a disability, a job loss or an unexpected life event, below is a list of resources that may be helpful. Nothing is going to make everything perfect when dealing with these issues, but it may be a start to some very much needed help. 

For help applying for Food Stamps:
https://www.azdes.gov/nutrition_assistance/

Various Programs (up to 40!) that you may qualify for:
http://arizonaselfhelp.org/

For help with utilities:
http://www.needhelppayingbills.com/html/arizona_liheap_and_weatherizat.html

To find a food bank near you:
http://www.azfoodbanks.org/index.php/foodbank/

Women, Infant and Children:
http://azdhs.gov/prevention/azwic/

Summer Breakfast and Lunches for Children:
http://www.azsummerfood.gov/

Market on the Move:
http://the3000club.org/wordpress/


To speak with our firm regarding a work injury or applying for Social Security Disbaility, you can call toll-free at 855-325-4781 to schedule a free consultation in person or over the phone. We service the entire State of Arizona and have bilingual staff and attorneys. You can read more about Snow, Carpio & Weekley on our website at: www.workinjuryaz.com.

Dehydration is not a joking matter!

The temperatures are heating up here in Arizona! Are you drinking enough water?

Last year our firm represented a mother who's son died of Heat Stroke. He was a construction worker who worked outside all day and even though he was young and relatively healthy, he died as a result of not drinking enough water. It was a heartbreaking and preventable loss of life.

Would you be able to recognize the signs and symptoms of Heath Exhaustion and Heat Stroke? Take a look at the outline below to familiarize yourself.

Now, take a look at what Heat Stroke does to you body and why /how it can be fatal.

If you or someone you know is suffering from any of the symptoms of Heat Exhaustion or Heat Stroke, seek medical attention immediately. And remember, if you are feeling thirsty; you are already dehydrated!


Snow, Carpio & Weekley serves the entire State of Arizona. If you or someone you know has suffered a work injury or has a disabling medical condition that prevents you from working, call us toll free at 855-325-4781 to schedule a free consultation over the phone or in person. You can also see more information about Snow, Carpio & Weekley on our website at www.workinjuryaz.com.

Is it true that most Social Security Disability applications get denied at first?

Is it true that most Social Security Disability 

applications get denied at first?

by Attorney Allyson Snow

Statistically, yes.

Approximately 70% of applications are denied at the initial level. It generally takes Social Security approximately 4-6 months to evaluate an initial application.  If denied, the reconsideration level takes approximately 6-8 months and the chances of being denied are even greater; approximately 80-90%.

If denied a second time at the reconsideration level, a request for hearing can be filed for the claimant to go in front of an Administrative Law Judge.  It can take approximately 8-12 months to get a hearing.

If you have applied on your own and get a denial from Social Security, it is important to consult with an attorney right away because the deadline for appeal is time sensitive.  If you have yet to start your application for disability, consult with an attorney as there are many things a claimant can do at the outset of a disability claim that will benefit them should they have to appear at a hearing.


If you or someone you know has been injured at work or has a medical condition that will prevent them from working for 12 months or more, call Snow, Carpio & Weekley toll-free at 855-325-4781 to schedule a free consultation in person at one of our offices around the State or over the phone. You can also find out more about our firm by visiting our website at www.workinjuryaz.com.

Independent Medical Examinations by Attorney Nick Wearne

Independent Medical Exams

By Nick Wearne, Attorney

In the world of workers' compensation law there are two types of medical care, active care, and supportive care.  In the months following a worker’s injury you will receive active care. 

Active care is medical treatment designed to improve your medical condition.  In some cases an injured worker will undergo active care until they are back to 100% functioning capacity.  This is what we hope happens for all of our clients.  Unfortunately, in many cases injured workers will never reach 100%.  Instead, they plateau at some point in their active care, and stop getting any better.  Some people experience this plateau at 90%, others stop improving at 50% or lower and their earning capacity is severely limited. 

The moment when you stop getting better despite medical treatment is called ‘medically stationary.’  Once you have become ‘medically stationary,’ medical care becomes supportive.  Supportive care is not intended to improve your medical condition, but to keep it stable.  Examples of supportive care include pain medicine, epidural shots, physical therapy, and more.

When an injured worker becomes ‘medically stationary and begins receiving supportive care his/her rights change and often times the worker will be entitled to less compensation then they were entitled to during active care.  Insurance companies that are paying out on your claim want you to reach ‘medically stationary” as soon as possible.  For this purpose insurance carriers will often schedule what is called an ‘Independent Medical Examination’ (IME). 

IMEs are scheduled with a physician of the insurance company’s choice.  Such physicians are normally more than willing to give an opinion that the worker has reached ‘Maximum Medical Improvement,’ thus allowing the carrier to reduce a worker’s benefits.  While perhaps hard to believe, it is the insurance companies right to schedule these appointments and you must attend them.  Failure to attend an IME could result in complete termination of your benefits.

Too often, injured workers who are still improving get their cases closed out and their medical care cut short because of mandatory IMEs.  At Snow, Carpio, and Weekley we fight unwarranted benefit reductions that result because of an IME, we fight to get our clients back in active care, and we fight to get you back on the path to full recovery.  If you feel your benefits have been, or will be, cut short due to an IME, you should call an experienced workers' compensation attorney as soon as possible.

If you or someone you know has been injured at work or has a medical condition that will prevent them from working for 12 months or more, call Snow, Carpio & Weekley toll-free at 855-325-4781 to schedule a free consultation in person at one of our offices around the State or over the phone. You can also find out more about our firm by visiting our website at www.workinjuryaz.com.