Are My Workers Compensation Benefits Taxable?

Are My Workers Compensation Benefits Taxable?

One of the most common questions we get around this time of year is:  "Do I need to report my Arizona workers compensation benefits or settlement proceeds to the I.R.S.?"  or, "Are my Arizona Workers Compensation Benefits taxable?"

Almost always, the answer is NO!!!  Generally speaking, Workers' compensation benefits are currently not subject to federal income taxation.  However, if your workers' compensation benefit reduces your Social Security Disability benefit, the portion that reduces is considered Social Security for taxation purposes.  One of the justifications for workers compensation benefits being only 66 2/3% of your regular wage is that they are tax exempt. 

If an injured worker has specific questions about this matter, we recommend you contact the Internal Revenue Service or your tax advisor.

Snow, Carpio, and Weekley are attorneys with offices in Phoenix, Tucson and Yuma.  They have represented thousands of injured workers before the Industrial Commission of Arizona. 

Snow, Carpio & Weekley, PLC will be launching our new website on July 1, 2014. 

In anticipation of the new website and marketing efforts, we have revamped our YouTube Channel and have added multiple new videos including videos of our employees!

So if you haven't taken a look lately, please do!

Workers Compensation and My Social Security Case

Workers Compensation and My Social Security Case

By Nicholas Wearne, Attorney

Social Security Disability Department

Snow, Carpio & Weekley

Many workers compensation clients who are unable to return to work after their injury apply for social security disability benefits.  One of the first questions or concerns they have is how being on workers compensation will affect their social security case and vice versa.  There are two questions there so lets take each in turn.

1. How will being on social security affect my workers compensation case

While your case is open and you are receiving medical care, social security will not have any affect on your workers compensation case.  While you are actively recovering you can receive both social security and workers compensation benefits.  However, being on social security may come into play when and if you decide to settle your case.  First of all, being on social security disability sends a message to the workers compensation insurance carrier that you do not intend to go back to work.  It suggests to the carrier that you intend to collect your workers compensation benefits for life.  If the insurance carrier believes you will collect your benefit for the rest of your life in may increase your settlement amount.  Secondly, being on social security disability benefits will affect the way your workers compensation settlement agreement is written should you decide to settle.  If the agreement is incorrectly written your social security benefits could be terminated.  At Snow Carpio and Weekley we build these protections into all of our workers compensation settlement agreements but some firms do not.  It is important to inform your attorney that you are collecting social security disability benefits so they can write the agreement correctly.

2. How will being on workers compensation affect my social security disability case

As far as applying and getting on benefits go, collecting workers compensation benefits will not hurt you.  However, if you are approved for social security disability benefits your monthly benefit amount received from social security is likely to be affected (i.e. reduced) based on what you are receiving from your workers compensation case.  Do not worry, when and if you stop receiving workers compensation benefits, you can and should contact the Social Security Administration Office so your monthly benefit amount can be increased.  The great thing about applying for social security disability while your workers compensation case is open is you have doctors who are willing to state specifically what you can and cannot do as far as work.

If you have either a workers compensation case or a social security disability case and have questions regarding how the two will affect each other feel free to contact Snow Carpio and Weekley for a free consultation statewide at 855-325-4781. You may also learn more about us by visiting our website at www.workinjuryaz.com.

Social Security Disability FAQ's

Social Security Disability FAQ's

By Nicholas Wearne, Attorney

Social Security Disability

Snow, Carpio & Weekley

Unemployment and Other Potential Roadblocks to Social Security Disability Benefits

The social security system is not for the faint of heart.  It is a long, hard, and harsh road that can be financially devastating.  It can take months if not years of waiting while you are trying to get approved for benefits.  Clients often struggle financially because they are no longer working and are forced to live with family or friends.  Many clients apply for food stamps and AHCCCS insurance in order to make ends meet.  Some clients are lucky enough to have a workers compensation case going while they apply for social security benefits so they have some form of continued income.  The matter of fact is clients are forced to explore options they perhaps had not previously considered due to the financial hardship.  But be cautious as your explore these options.  Below are some examples of roadblocks that people run into which prevent them from getting social security benefits.

Going back to work:

Clients will call me informing me that they need to go back to work because the application process for social security disability is taking too long.  Sometimes you can work while you are waiting for a determination on your social security benefits but be very cautious and consult with an attorney regarding what you will be doing and how much you are going to make.  Certain work, or making too much money, could completely derail your chances of ever getting approved.

Working under the table:

After hearing they should not work, some clients then proceed to work under the table and do not pay taxes hoping that social security will never find out.  The Social Security Administration Judges will often ask you about what if any kind of work you are doing.  Lying to social security disability about what you are and are not doing for work is considered fraud and could result in serious consequences.  Again, if you are considering working under the table speak with an attorney about what you can and cannot do so that you can be honest about it at the hearing.

Applying for unemployment:

Applying for unemployment is something I advise all of my clients against.  On its face it is seemingly harmless.  Perhaps you were fired from your job due to your illness.  You cannot get disability benefits for periods in which you were collecting unemployment.  Unemployment requires you to be looking for a job.  You essentially certify that you are able and willing to work but merely cannot find a job.  When you apply for social security disability we are trying to prove that you cannot work.  Unemployment may be tempting but do not apply if you intend to apply for social security disability benefits.

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.

Things to keep in mind at a work-site....

Things to keep in mind at a work-site  

to protect yourself in case of an injury.

By Erica Melendez, Attorney

Snow, Carpio & Weekley

I have had too many conversations with injured workers that go like this:

Me:               “Where were you working?”
Client:          “I had just started there, its over on Southern and 48th Street.”
Me :              “Who saw the accident”
Client:          “Uh, Gordo (nickname for fat guy), the foreman - Guero (nickname meaning light- skinned) and a tall American guy.”

….As you can imagine, this is not helpful when trying to file a claim and piece together a witness list. Many times when I first meet a client who is battling a claim denied by the employer/insurance company, and the client no longer works for the company where he was injured, I wish I could go back in time with the client to gather information at the workplace which would be useful in defending the claim. Such as:

#1 – Know the name of the company you work for!!  Sometimes when a worker is referred to a job site through a friend or family member and begin to work before actually filling out a job application, the actual name of the company who has hired the worker can become unclear.  This happens especially with smaller companies.  It is very important to know the name of the company you work for.  You can look around the worksite to find this out, does a supervisor come onsite?  If so does he or she drive a truck with the company logo?  Are you picked up by a truck that has a logo?  Are there signs with the company logo at the worksite?  Do others wear shirts with the company logo?  Where are the headquarters of the company you are working for?
#2 – Know the names and last names of your supervisors and co-workers.  Not only are these people potential witnesses to a work injury, they can also testify as to the fact that you were even working at the work site (yes, sometimes even the fact of your employment becomes an issue)  I’ll get people come in with descriptions of co-workers, where they are from, and nicknames, but not first and last names.
#3 – Keep your pay stubs, if you are paid in cash, keep a log of payments, deposit slips or receipts.  This is helpful in proving you worked for a company or establishing the amount you were paid while working for a company.

Obviously no one wants to get hurt on the job, but taking simple precautions and gathering information will help protect you should you ever sustain an injury on the job and are in the difficult situation of not working there AND trying to prove you worked there and had an injury.

If you have been injured on the job or suffer form a condition that will prevent you for 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.

Independent Medical Exams (IME)

Independent Medical Exams (IME)

By Dennis Kurth, Attorney

Snow, Carpio & Weekley

Independent medical exams (IME) can be problematic for injured workers receiving workers' compensation benefits.  Insurance carriers providing compensation and medical benefits have a right to an IME to assess a claimant's condition from time to time under the statue and the rules.  They often avail themselves of such right when a claimant's treatment and recovery are not progressing at a suitable (to them) pace.

Claimants have only very limited rights to object to IME's and only three days after receipt of an IME notice to file their objections with the Industrial Commission under the Rules.  The Industrial Commission rarely issues a Protective Order against an IME especially if the objection is solely related to the identity of the particular examiner.

Due to the extremely short window of time for a claimant to file a written objection (Motion for Protective Order) to an IME, many claimants, especially those unrepresented by counsel, simply bypass the opportunity to object.  Others, thinking that such exams are easily changed by a phone call to the examiner or the agency scheduling the IME, find out too late that they are not easily changed at all.

Irrespective of the fact that workers' compensation carriers keep recycling the same tired group of friendly examiners to the great detriment of claimants who are awaiting approval for surgery or other procedures, just innocently missing one of these exams can result in the carrier unilaterally suspending both compensation and medical treatment and assessing costs of the IME which can run from a couple thousand dollars for an orthopedic or spinal surgeon to several thousand dollars if a psychiatric or psychological exam is missed.  In many of these situations the examiners are paid guaranteed fees if the claimant doesn't show up.

Fortunately for aggrieved claimants, the appellate courts in Arizona have put a humane interpretation on the statutory penalties for missing IME's and the carriers must prove that the claimant intentionally rather than accidentally missed the IME to be able to impose any penalties at all.  Enlightened members of the Industrial Commission judiciary usually limit cost assessments to exactly what the carrier paid the examiner for a no-show fee or what a typical first examination would cost with that type of specialist.

Even if a suspension is ultimately found to be unjustified however, it can take months in litigation to undo the effects of the suspension and get compensation and medical benefits reinstated imposing great financial hardship on the claimant's family which might already be suffering mightily with the breadwinner being out of work.  Consequently, claimants facing IME notification are best advised to seek legal advice immediately upon being notified of an IME.

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.

Critics call for AZ sheriff to resign, be indicted

http://herald-review.com/news/national/image_b93da4f7-c51b-50ee-9f0c-bfa08ccd2861.html

Snow, Carpio, and Weekley

Can I apply for SSD if I am not a citizen?

Can I apply for SSD if I am not a citizen?

By Nicholas Wearne, Attorney

Social Security Department

Snow, Carpio & Weekley

If you are a documented permanent resident and have worked 5 of the last ten years in the United States at a job where you have paid taxes then you will likely have enough credits to apply for social security disability.  If you are undocumented the unfortunate truth is you cannot apply for social security benefits regardless of how many years you have worked in the United States.

Si estas aqui en los Estados Unidos como un residente permanente y has trabajado un minimo de 5 anos en un trabajo donde pagas impuetos, debes de tener lo credito suficiente para aplicar para seguro social.  Desafortunadamente, si estas aqui en los estados unidos y no estas documentado, no puedes aplicar por seguro social irrespectivo de los anos que has trabajado aqui en los Estados Unidos.

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.

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