Frequently Asked Questions – Perry-Dieterich Co., L.P.A.
Attorney at Law Eric R. Dieterich of the firm Perry-Dieterich Co. LPA has years of experience helping clients in Circleville, Ohio and throughout central Ohio receive the Social Security Disability and Workers’ Compensation benefits to which they are entitled under the law. We believe that when it comes to Social Security Disability and Workers’ Compensation benefits, knowledge is power.
We’ve provided a few answers below to some frequently asked questions regarding available benefits. For a personal consultation to discuss your Social Security Benefits and Workers’ Compensation concerns and answer all your questions, call Attorney at Law Eric R. Dieterich at 800-729-9972.
Can I afford an Attorney?
YES! Through the “contingent fee” arrangement we charge a fee on the compensation awarded as a result of our efforts. If our efforts do not result in the payment of compensation, no “contingent fee” is charged. Whether you win or lose you will be expected to pay for any medical reports that your attorney paid for on your behalf. We make a sincere effort to keep these expenses down. Call us and we’ll send you a copy of our fee agreement for either Workers’ Compensation or Social Security.
What can an attorney do for me?
An attorney experienced in Social Security Disability Law can properly evaluate your claim to determine whether you meet the requirements. You must have the type of evidence that Social Security requires to win. An attorney knows what evidence is needed and what questions need to be asked and answered. An attorney can help you obtain persuasive medical and vocational evidence to support your claim for benefits. The hearing that takes place with the Administrative Law Judge is very important. If you lose that hearing and appeal, your odds of winning greatly decrease.
Workers’ Compensation Benefits are paid when properly requested. It is unlikely that Ohio BWC personnel or your employer or their representative will tell you what you are entitled to apply for. You must know and understand the frequently changing law, rules, regulations and procedures of the BWC and the Industrial Commission. You must know and understand medical-legal issues concerning disability versus impairment. You must be able to apply the specific facts and medical conditions in your claim to the law. When Workers’ Compensation benefits are being paid to you it does not mean that you are receiving full benefits.
An experienced attorney can explain how the system works and guide you through these complicated processes.
Ohio Workers’ Compensation: What is it?
It is insurance your employer is required to have to protect you as a worker. It protects you if you are injured, contract an occupational disease or die as the result of work related activity. You are protected even if your employer fails to have the required insurance.
What benefits are available through Workers’ Compensation?
* Payment of medical costs including doctor / hospital fees, prescriptions, diagnostic testing and medical equipment for:
- Occupational Diseases
- Dust/Fume Induced Lung Conditions
- Chemical Exposures
- Repetitive Trauma Disorders
- Psychological Conditions (which result from Physical damage)
* Various types of income replacement:
- Temporary Total
- Wage Loss (for claims incurred on or after 8-22-86)
- Permanent Total
- Wage Impairment (for claims incurred before 8-22-86)
* Payment for permanent damage:
- Permanent Partial awards for physical and/or mental loss
- Loss due to amputation or ankylosis or loss of use
- Loss of Vision (partial or total)
- Loss of Hearing (total only)
* Rehabilitation services
* Awards for Violation of Specific Safety Requirements
* Death benefits to surviving dependents
When am I entitled to receive monthly Social Security benefits?
You are entitled to benefits if you are unable to work for 12 months or longer and you meet the Social Security Administration’s standard of disability. There are two ways to meet this standard. First, your medical condition alone may be so severe that Social Security decides you are unable to do any kind of work. The second way is based on the severity of your medical condition and vocational factors such as your age, education and past work. The worse your medical condition; the older you are; the less education you have; and the less work skills you have, the more likely it is that you will be found disabled.
For Social Security Disability Insurance Benefits to be available you have to be both disabled and you must have paid into the system long enough and recently enough to be “currently insured”. Generally, the rule is that you must have paid Social Security taxes for 20 out of the last 40 quarters (5 of the last 10 years) to be currently insured.
For Supplemental Security Income to be available you have to be both disabled and at a certain income level or below.
May I receive Social Security Disability if I am already receiving Workers’ Compensation benefits, a disability pension or other disability benefits?
Yes, although there may be some offsets, in most cases you are ahead to pursue all benefits that you may be entitled to.