Of the Florida applicants that file for Social Security disability benefits this year, only an estimated 27 percent will be approved. For those that appeal, only 9 percent will successfully earn benefits. Unfortunately, numerous cases of fraud and a disparaging proportion of able workers to disabled claimants make the application process an increasingly difficult and tiresome chore. Many rely on disability lawyers in Orlando, FL to help navigate the various complexities and frustrations of the application process.

Communication and Cooperation.

The greatest benefit to hiring a disability attorney in Orlando is having an expert to handle the burden of heavy paperwork involved in the application process. It is crucial that the SSA be able to contact and communicate with you regularly. If a single document is overlooked or an appointment is missed for any reason your entire case could be thrown out and dismissed
It is equally important to be entirely cooperative with the application process. An inability to share medical documents or provide prompt, accurate responses can be adequate cause for dismissal. Again, a professional representation can help avoid common communication mishaps and bring a level of ease to the process.

Failure to Provide Medical Evidence

It takes more than a doctor’s diagnosis to qualify for disability. You must be able to prove two key facts:

• That your impairment is severe enough to prevent you from maintaining gainful employment
• That your impairment will affect you for at least 12 months, if not the rest of your life

Proving both the severity and length of your condition requires substantial medical evidence. You will need to back your claims with a history of medical documents and detailed evaluations. In some cases, an additional and mandatory consultative exam may be requested.
Even if you do not have access to a primary physician, it is important to have consistent documentation of your disability. ER visits, free clinics, and prescription receipts can help. Many disability lawyers in Orlando can recommend clinics that use a sliding scale method for pay, so you can afford a necessary visit even on a low income.

Failure to Follow Doctor’s Orders

A common cause for SSI claims denial is any finding that you have failed to continue with prescribed medications and follow through on recommended treatment. The expectation is of course that you must be trying to achieve a healthy condition. However, exceptions can be made if you are simply unable to comply with doctor’s orders, due to mental illness, lack of assistance, or affordable treatment.
A case can also be made if another doctor disagrees with recommended treatment or if your treatment will not necessarily make you able to work again. There are numerous factors to consider with every disability, so guidance from a qualified disability attorney in Orlando can make an appreciable difference.

Failed Proof of Income

If you are able to earn more than $1,130 a month from working, then you are above the Social Security limit for Substantial Gainful Activity. Also, any discrepancies in reporting your income to Social Security can result in a denied claim. In fact, any prior history of fraud can count against you, even if the mistake was unintentional. Always be completely transparent of all your assets and ensure accurate reports.

Keep Trying

Disability lawyers in Orlando can provide a thorough review of your disability claim and recommend action after you have been denied. It is important not to give up immediately because in many cases it is a negligible oversight that causes your denial. If need be, obtain help, gather evidence, and try again.

After months of litigation and a long trial, our client won a big victory against the City of Orlando!!

Our client was a truck mechanic for 20 years, whose arms were worn out by repetitive trauma caused by heavy mechanic work.

Once the workers compensation surgeon said the worker could not return to his job as a mechanic, the City of Orlando forced him out and made him apply for long term disability and social security disability, both of which were granted as a result of the work injury.

After 4 long years, the claimant had his trial before the esteemed JCC Pitts, who saw through the various obstacles the employer tried to use to deny benefits.

JCC Pitts awarded close to 175k in past due permanent and total disability benefits, along with continued medical care and attorney fees & costs.

The City of Orlando’s risk manager, Ray Scullion, was heavily involved in the litigation and even testified live at the trial, along with 2 vocational experts, the claimant’s immediate supervisor David Dunne, and the claimant himself.

The 32 page Order awarding benefits was well written, explaining why the City of Orlando’s defenses for the past 4 years could not justify denying the hard working mechanic his well earned workers compensation.

Another trial victory after a hard fought battle, unfortunately, the employer may try an appeal to avoid responsibility a while longer. Your tax dollars at work.

 

 

The Florida Supreme Court ruled in my clients’ favor on both of our Constitutional challenges!

The  huge wins were part of a groundbreaking ruling by the Florida Supreme Court in the case of Castellanos, SC13-2082, where I was Amicus counsel.

Richardson vs. Aramark, SC14-738, was our client’s case and one of the 4 main cases that were asked to brief the fee challenge. I was primary counsel in Richardson, which was second in line to the Castellanos decision.  The Florida Supreme Court incorporated Richardson’s record into the body of their opinion published on 4/28/2016.

Justice Pariente originally scorned the Castellanos Due Process position at Oral argument on 11/5/14, (the video of the oral argument can be viewed at the Supreme Court website).  The Supreme Court requested our briefs in Richardson, on 11/7/2014, a few days after the oral argument, under an accelerated timeline.  Once the Supreme Court had the benefit of Richardson’s evidentiary record (which included the statewide reported fees over a decade of data), along with briefs in the 3 separate companion cases, Justice Pariente was able to accept the Due Process arguments of Castellanos. A great team victory for all involved. The landmark decision relied heavily on Richardson v. Aramark evidence, and gave all of Florida an important decision.

Our case of Joe Taylor v. Rodney Gunder Plastering & Stucco, SC16-698,  was also reversed after making it to the Florida Supreme Court, giving 2 big victories to our clients after years of waiting.

All 3 cases were certified to be of “Great Public Importance” by the Florida Supreme Court. Very proud of the wins!!

 

Reliable, Affordable Metro West, FL Workers Compensation Attorney

When you are injured on the job, you have a right to claim your injuries and be adequately reimbursed. Never let an insensitive insurance company dissuade you into settling for less than what you deserve. Call the most dependable workers compensation attorney in Metro West, FL to guide you promptly and productively towards your recovery needs.   

Qualified Disability Lawyers for Metro West, FL

Filing a claim for Social Security is a frustrating and tedious process. Due to such high rates of fraud, most applicants are turned down repeatedly and forced to begin anew while struggling to cope with debilitating injuries. At the Law Offices of Charles H Leo, PA, we work tirelessly to complete your disability claim quickly and resolutely, so you can begin work returning to a normal and comfortable life. 

Dedicated Representation is Only a Phone Call Away

The stress and pressure of coping with a serious injury are difficult enough on its own, but all too often are people overlooked by insurance companies looking to settle for a minimal payout. Without proper counsel from the right Metro West, FL disability lawyers, you may lose your right to thousands of dollars rightfully earned towards your recovery. Every claim is restricted by a statute of limitations, and you if wait too long or allow yourself  to be slowed down by time-consuming legal complexities you may forfeit your right to recover lost wages, long-term medical costs, and pain and suffering.

Since 1997, Charles H Leo, PA has provided the community with the most dedicated and competent services available in a personal injury and workers compensation  attorney in Metro West, FL. He and his team of experienced lawyers serve a multitude of practice areas throughout the community, dedicated to yielding the maximum settlement for every client. Our clients are protected and reassured by our numerous services, performed with integrity and professionalism.

Our Services Include:   

• Competent Representation From Board Certified and Locally Recognized Disability Attorney in Metro West, FL
• Thorough Investigations
• Aggressive Litigation for Maximum Settlement
• 24/7 Availability
• Free Case Evaluation
• No Fee Without A Win

No Risk, Only Maximum Results

We represent every case strictly on a contingency basis, meaning we will never be paid a dime until you are. With all our fees being paid from a percentage of your recovery earnings, you can afford professional counsel from an experienced disability attorney in Metro West, FL with absolutely no financial risk. You have nothing to lose, and untold potential to gain. Call and schedule your free consultation today.

You Have a Right to Be Compensated

If you suffer from any manner of debilitating injury- spinal cord injury, amputation, head injury, severe burns, or blindness- due to a work related accident, it is the duty of your employer to recognize that your ability to earn fair wages has been compromised. If your employer or insurance carrier is neglecting to ensure that you receive due compensation, you may rely on the assistance of an Orlando workers’ compensation attorney.

        “In the case of total disability adjudged to be permanent, 66 ²/₃ percent of the average weekly wages shall be paid to the employee during the continuance of such total disability. No compensation shall be payable under this section if the employee is engaged in, or is physically capable of engaging in at least sedentary employment…In the following cases, an injured employee is presumed to be permanently and totally disabled unless the employer or carrier establishes that the employee is physically capable of engaging in at least sedentary employment within a 50-mile radius of the employee’s residence”        Florida Statute § 440.15(1a-b)

Florida Statute 440 describes in detail your right to collect compensation and defines compensation as “the money allowance payable to an employee or to his or her dependents.”  In the event of a work-related injury, your employer has the right to provide you with a work environment that is better suited to your disability, but if the damage is so severe that you are incapable of reasonably maintaining your normal employment, then you and the loved ones that depend on you are entitled to due compensation. Disability lawyers in Orlando, FL know that as long as you are completely unable to perform your work, you have a right to obtain 2/3 of your average weekly loss wages while you recover.

If You Are Permanently Injured

Do not be hesitant in consulting a worker’s compensation attorney in Orlando when your recovery may have a drastic effect on your long term well being. As specified by Florida Statute §440.15(2), if you are still incapacitated by a work-related injury after 104 weeks (2 years) or if your injuries have healed as well as possible but still hinder your ability to work, you have a right to claim permanent impairment. A 3 member panel of qualified physicians will determine your rating of impairment, and once your disability has been confirmed, you are due to receive benefits within 14 days.

        “…an employee who has sustained the loss of an arm, leg, hand, or foot, has been rendered a paraplegic, paraparetic, quadriplegic, or quadriparetic, or has lost the sight of both eyes shall be paid temporary total disability of 80 percent of her or his average weekly wage. The increased temporary total disability compensation provided for in this paragraph must not extend beyond 6 months from the date of the accident; however, such benefits shall not be due or payable if the employee is eligible for, entitled to, or collecting permanent total disability benefits.”      Florida Statute §440.15(2)

In many cases, it is reasonable and possible for employers to make adjustments to provide for disabled employees. However, you still maintain the right to earn the wages you deserve and receive supplemental support if your injuries have interfered greatly with your productivity. You may require the assistance of a disability attorney in Orlando if you are able to return to work but struggling to produce the same income upon which you were previously reliant.

        “When an employee returns to work with the restrictions resulting from the accident and is earning wages less than 80 percent of the preinjury average weekly wage, the first installment of temporary partial disability benefits is due 7 days after the last date of the postinjury employer’s first biweekly work week.”      Florida Statute §440.15(4c)

Recovery, Your Loved Ones, and Your Protected Rights

Florida Statute §440.13(2a-b) specifies that your employer is obligated by law to ensure that you have access to any and all resources deemed medically necessary to your recovery, including hourly wages for paid attendant care. This includes hourly wages for any family member that may be forced to miss work or leave employment to act as your caregiver. When your recovery can affect your loved ones and your home life, hiring the right Orlando workers’ compensation attorney can prevent increased suffering by ensuring that everyone involved is properly compensated, covered by adequate resources to make your recovery as beneficial as possible. No hard working American should leave for work concerned about the consequences of an unexpected accident while in their employer’s care. You have a right to be properly cared for and, fortunately, access to the best disability lawyers in Orlando, FL.