Jeffrey M. Flynn, P.C. Attorney At Law
Our clients come to us with a number of common questions, seeking our expert legal advice.
If you find the processes involved in Social Security law, workers’ compensation, or personal injury difficult to grasp, we’re here to make the process easier for you.
You get professionalism and our complete understanding every time you work with us, ensuring that we’ll take your case as seriously as if it were our own.
To help you better understand our services and how you’ll benefit from our legal assistance, we’ve taken a number of the questions we hear the most and answered them for you below.
Social Security Disability
Q. How does Social Security determine that you are disabled under Social Security Law?
A. You must be disabled or expected to be disabled from performing work for a period of one year. Social Security looks at your past work, your age and education to help make this determination. Your disability can be the result of mental and/or physical impairments or a combination of both mental and physical impairments.
Q. When should I apply?
A. You should apply for disability as soon as you feel that you are disabled. For certain types of Social Security disability, such as SSI, you can only receive benefits from the date of your application forward, so it is important that you file this application as soon as possible so that you do not lose your right to any benefits. For other types of Social Security disability, SSDI, you can receive income benefits for up to one year prior to the date that you applied. Thus, for both SSI and SSDI, it is important that you apply as soon as you can.
Q. When should you contact the law offices of Jeffrey Flynn, P.C.?
A. You should contact the law offices of Jeffrey Flynn, P.C. either before or after you have applied for Social Security disability. If you have not applied, we can help you apply in our office online so that your application is processed immediately, and you are given a protective filing date for your application on the day you apply online. This may save you from having to go down to the Social Security office and sit for hours, waiting to make your application. If you have applied, you should contact Jeffrey Flynn, P.C. immediately so that we can make sure that you receive your benefits as quickly as possible.
Q. What do I do if I have been denied?
A. You have 60 days to file an appeal. You should bring the denial, along with any other paperwork that you have, into our law office so that we can get the appeal filed within the 60-day time period. We will complete all of the necessary paperwork to go with the appeal and make sure your claim is protected and processed. Do not get upset if you have been denied. Social Security frequently denies people who are deserving of benefits. Do not let 60 days go by without contacting Jeffrey Flynn. If you miss the time period allowed for the denial, you may have to start all over again and wait longer for your benefits to be approved.
Q. Do I need to get medical treatment in order to be found disabled?
A. It is absolutely vital that you are being treated by a medical doctor for your physical impairments and/or a licensed Ph.D. psychologist or psychiatrist for your mental impairments. Social Security law does not allow the Social Security Administration to approve someone for benefits, if they do not have objective medical conditions for their disabilities. These objective medical conditions can only be diagnosed by medical doctors or licensed Ph.D. psychologists or psychiatrists.
Q. What should I do if I am hurt on the job?
A. You should immediately notify your employer of your injury and how you were injured. You should put that notification in writing and hand deliver it to your supervisor, getting the supervisor to sign a copy of the notice of your injury and the date the supervisor received it. You only have a certain amount of time to notify your employer of your injury. If you do not do so within that time period, you could be barred from receiving any benefits.
Q. How much will I receive if I am out of work?
A. You will receive 2/3rd of your average weekly wage up to $450 a week in the State of Georgia. This benefit is called Temporary Total Disability benefits or TTD.
Q. How long will I receive TTD benefits?
A. You will receive TTD benefits for as long as you are out of work due to your injuries but not longer than 400 weeks in the State of Georgia.
Q. What medical doctor do I have the right to see?
A. Your employer should have a panel of physicians posted on the wall in a very obvious place, usually the break room, which contains doctors you are permitted to see. If the panel is valid, then you must see one of the doctors on the panel, or your employer’s insurance company will not be responsible for paying your medical bills. There are exceptions to this rule for emergency treatment, such as right after the accident when the only place you can go to immediately is the emergency room.
Q. When should I come to the law offices of Jeffrey Flynn, P.C.?
A. You should come into the law office of Jeffrey Flynn, P.C. immediately after your injury. We can examine the panel of physicians to determine if the panel is valid. We can file the WC-14 in the State of Georgia to make sure you are protected against any statute of limitations. We can help get your weekly TTD benefits started, and establish your claim with your employer’s insurance company.
Q. What if I can no longer do my old job but can perform lighter duty?
A. If your employer does not have light duty for you, then the employer must continue to pay you TTD benefits. If the employer has light duty, then you will be required to do that light duty, if it fits within the work limitations that have been given to you by your doctor.
Q. What if I have a permanent injury?
A. If you have permanent injury, your doctor will give you a disability rating, which is called a Permanent Partial Disability rating or PPD rating in the State of Georgia. This PPD rating will get you additional income benefits when it is established.
Q. How do I settle my case?
A. We will negotiate with the insurance company involved in your case to arrive at a fair settlement. This settlement will not be agreed upon without your approval. If you are not happy with the settlement the insurance company is offering you and you are receiving TTD benefits, you will continue to receive TTD benefits.
Q. How long do I have to file my claim?
A. The statute of limitations is different for different states. Georgia and Colorado have a two-year statute of limitations for personal injury claims.
Q. Should I trust and deal with the insurance company by myself?
A. No, you should not. It is my experience that the insurance company’s goal is to pay you as little money as possible for your claim, both for the damage to your automobile and your injuries. You should realize that insurance companies are always looking at the bottom line. The less they pay out, the better their bottom line. Do not be fooled by TV commercials in which the insurance companies act like they are your friends. For over 15 years, my experience has shown me that they are not.
Q. Should I talk to the insurance company before coming in to the law offices of Jeffrey Flynn, P.C.?
A. No, you should not talk to insurance companies under any circumstances. The insurance companies often tape any conversation that you have with them and will not hesitate to use this against you in the future if they choose to do so.
Q. When should you contact the law offices of Jeffrey Flynn, P.C.?
A. You should contact the law offices of Jeffrey Flynn, P.C. immediately after your injury or car accident. Other than the police officer, you should not talk to any other person. Let the law of offices of Jeffrey Flynn, P.C. handle all contact with the other party and/or insurance company. It is in your best interest to do so.
Q. Should I go to the emergency room and get medical treatment?
A. If you are injured, you should definitely go to the emergency room and seek medical treatment. In determining the value of your personal injury claim, the insurance companies look at your medical records and bills before making any kind of offer to settle your case. Of course, if you are not hurt, you should not seek any medical treatment.
Q. How does the insurance company determine the value of my personal injury claim?
A. Some of the things that the insurance company will look at are the extent of damage to your vehicle (if it is a car accident), whether you went to the emergency room or not, whether you missed any work as a result of your injuries, and most importantly the extent of your injuries. The more you are injured, the higher the value of your claim.
Q. Will I have to sue the person or company who caused my personal injury?
A. A suit is only necessary if we are unable to settle your case to your satisfaction with the insurance company for the person or company that caused your injury.
Q. How do I settle my case?
A. We will negotiate with the insurance company involved in your case to arrive at a fair settlement. This settlement will not be agreed upon without your approval. If you are not happy with the settlement the insurance company is offering you, then we will discuss filing a lawsuit against the person or company who caused your injuries.
When you need experienced, compassionate legal representation and guidance backed by over 20 years of experience, there’s only one call you need to make.
Set up your FREE consultation today by calling us at 404-876-4600.