Frequently Asked Questions About Injury and Disability
- Page 1
How much is my claim worth?
If you were injured in a car accident caused by a negligent driver, it is important to understand how much your claim is worth when deciding whether to file a claim for compensation with their insurance company. This can help you know what to expect and how to spot the warning signs that the insurance company is unfairly trying to pay you less money than you deserve. Here’s what you need to know to get a sense of what you should receive in your settlement.
What Compensation Can You Recover in a Car Collision Claim?
The first consideration in determining the value of your claim is to determine the amount of compensation you can recover under New Mexico law. In our state, victims of an auto collision can recover their past and future damages. Types of compensation you are entitled to include:
- Medical expenses
- Lost wages and lost earning capacity
- Property damages
- Out-of-pocket expenses, such as towing and car rental fees
- Pain and suffering
- Wrongful death damages if a loved one was killed in the collision
While it may be relatively straightforward to determine your past medical expenses, lost wages, and property damages, it can be much harder to figure out your future expenses if you suffered a long-term injury or one that makes it impossible for you to return to work. In addition, it can be hard to put a monetary value on the compensation you should receive for your pain and suffering and emotional distress. You need the help of an experienced car accident lawyer who has a track record of success in settling and litigating these cases to accurately value what damages you should recover.
Other Factors That May Affect the Value of Your Claim
Many other factors can impact how much your claim is worth. Four important factors that a lawyer will consider are:
- Seriousness of your injuries. If you suffered a long-term injury that takes you months or longer to recover from or that is permanent, the value of your claim will be higher. This is because you will have additional medical expenses, will need more time off work, and will suffer more pain and suffering than if you suffered an injury that healed within a few months.
- Disputes with the insurance company. If there are legitimate disputes with the insurance company about their driver’s liability or the seriousness of your injuries, this could weaken your case and the value of your claim. The key issue is whether the arguments are valid or excuses made up by the insurance adjuster to pay you a lower settlement.
- Your fault. If you were partially at fault for causing your auto collision, this would reduce the value of your claim. New Mexico follows the pure comparative negligence doctrine, which provides that the amount of compensation you are entitled to would be reduced by your percentage of fault in causing the crash.
- Insurance policy limits. No matter how seriously you were injured, the insurance company is only responsible for paying you up to their driver’s insurance policy limits. The amount of insurance coverage the motorist has will have a practical impact on the value of your claim.
Were you injured in a car accident in Roswell? Our dedicated and knowledgeable legal team will thoroughly investigate the cause of your collision and the seriousness of your injuries so that we can accurately value your claim. We will also aggressively fight with the insurance company to ensure that you receive all the money you deserve in your settlement. Start a live chat to schedule a free consultation to learn more about how we can help you.
Will moving to another state affect my SSDI benefits?
Once you begin receiving Social Security Disability Insurance benefits (SSDI), you may decide to move to a different state. The good news is that your move will not affect your eligibility for SSDI, and you will not have to reapply for benefits in the new state you live in. However, you do need to notify the Social Security Administration (SSA) of your planned move.
How to Notify the Social Security Administration When You Move to Another State
You have a duty to notify the SSA of certain life changes when you are receiving SSDI benefits. This includes a duty to inform them of a new address and telephone number.
You should contact the SSA before you move. This ensures that you will receive your payments at your new address if they are mailed to you and any future communications from the SSA regarding your benefits. You can change your address in these ways:
- Online. The easiest way to notify the SSA of your new address is online through your Social Security profile.
- Local office. You can also go to a local Social Security Administration office and report your address change there.
What Happens If You Move in With Someone?
If you move in with a friend, partner, or family member when you relocate, you will need to report your change of address to the Social Security Administration. However, the fact that you will now be living with someone will not affect your right to SSDI benefits. That is because your eligibility is based on your work and income history and not on the income of those you live with.
Do you need help filing for SSDI benefits? Was your application denied? Our experienced Social Security disability lawyers are here to answer your questions and to assist you in obtaining the disability benefits you are entitled to. To find out more about how we can help you, call our Roswell office or start a live chat to schedule a free initial consultation today.
How do I send records to the Social Security Administration?
When you are applying for Social Security Disability Insurance benefits (SSDI), you will need to provide the Social Security Administration (SSA) with documents that prove that you are too disabled to work and otherwise qualify for benefits. You could also need to send them additional documentation while they are reviewing your application or if your medical condition changes after you begin receiving SSDI benefits. Here is how you can submit additional information to the SSA.
How to Provide the SSA With Your Documents
One way that you can make the process of getting your application for SSDI benefits approved go faster is to provide the SSA with your complete medical records and other documents you need to support your application. You can provide it to the SSA in the following ways:
- Initial application. When you initially apply for SSA or have additional documents to include before a claims examiner is assigned to your case, you can mail or drop off the information to your local SSA office.
- Claims examiner. After you apply for benefits, a claims examiner will be assigned to review your application. You will be notified of the contact information for your claims examiner and will need to provide additional information to them directly.
- Appeal. If the SSA denies your application, you have a right to appeal the decision. The notice of the denial will advise you of how to file your appeal and how to provide them with additional documentation of your disability.
- Approval. Once you begin receiving SSDI benefits, you still have a duty to update the SSA if your medical condition improves or worsens. In addition, they may periodically review your file to determine if you still qualify for benefits. The SSA would notify you of where to send your documents in the letter advising you that your application is approved or when they review your eligibility for benefits.
You should always keep a copy of any documents you send to the SSA for your records.
What Is the Best Way to Provide Your Records to the SSA?
If you want to be successful in obtaining SSDI benefits, you should retain an experienced Social Security disability attorney before submitting your application. An attorney can review it to be certain that it is completed properly and can help you collect the medical records and other documents you need to prove your right to benefits. They can also provide the SSA with necessary documents if you must file an appeal. Your lawyer may file many of your records electronically, which can be a safer and quicker way to provide them to the SSA.
Are you applying for Social Security Disability Insurance benefits? Was your application denied? Start a live chat or call our Roswell office to schedule your free consultation today.
How long do I have to file an appeal for a Social Security Disability denial?
If you file an application for Social Security Disability Insurance (SSDI) benefits, the Social Security Administration will review it and your supporting documents and make a decision on whether you qualify for benefits. If they deny your claim for SSDI benefits, you have a right to file an appeal of their decision. However, you must meet strict time deadlines for filing your appeal.
How Long Do You Have to File an Appeal If the SSA Denies Your Application for SSDI Benefits?
There are four levels of appeal of a Social Security Disability Insurance denial of benefits: reconsideration, ALJ hearing, Appeals Council, and Federal Court. Here are the deadlines you have to file your appeals:
- Reconsideration. Your first step would be to ask the SSA to reconsider their decision. You have 60 days from the date of your denial to ask that another claims examiner review the decision to deny your request for SSDI benefits.
- ALJ hearing. The next level of appeal would be to request a hearing before an administrative law judge (ALJ). You must file this type of appeal within 60 days of the denial of your request for reconsideration.
- Appeals Council. If the ALJ determines that you are not eligible for SSDI benefits, your next step in the appeal process would be to file a request for a review by the Appeals Council. You would have 60 days from the date of the ALJ decision to appeal to the Appeals Council. They have the ability to grant you an approval of benefits, remand your case for a second hearing, deny your appeal, or dismiss your case.
- Federal court. Your final stage in the appeal process would be to file a lawsuit in federal court. You would have 60 days from the date of the Appeals Council’s decision to file your appeal.
What Happens If You Miss the Time Period to Appeal?
You would lose your right to file an appeal if you miss the 60-day deadline to do so. You would be able to file a new application for SSDI benefits. However, this would be a lengthy process, and you would waste a lot of time and effort.
If you reapply for benefits, your application may be denied again for the same reasons. In addition, you lose the right to receive some of the back benefits you are entitled to if you are approved for SSDI the second time you appeal.
Was your application for SSDI benefits denied? You need the help of a knowledgeable Social Security disability attorney if you want your appeal of the SSA’s decision to be successful. To find out how we can help, call our Roswell office to schedule your free case evaluation today.
How long does it take to get approved for SSDI?
If you must apply for Social Security Disability Insurance (SSDI) because you cannot work due to a disabling medical condition, it can be stressful to wait for the Social Security Administration (SSA) to make a decision on whether you qualify for benefits. While some people are approved in as little as 30 days, others can wait a year or longer before they receive a final decision.
How Long Could it Take to Get a Decision on Your SSDI Application?
Understanding how long it will take to get through the different stages of a SSDI claim can relieve your stress and help you know what to expect. Here is how long it could take:
- Initial application. The average response time for the SSA to reach a decision after you apply for SSDI benefits is three to four months, but this time period could be extended to up to eight months.
- Reconsideration. If the SSA denies your request for benefits, you will need to file a request for reconsideration of their decision. It could take them three to four months to send you a decision on your initial appeal.
- Appeal. You will need to file an appeal and have your case decided by an administrative law judge (ALJ) if your request for reconsideration is denied. It could take six months to two years before your hearing is scheduled and the ALJ makes a decision on your claim.
How to Get a Decision Faster
You can take steps to speed up the process of receiving a decision from the Social Security Administration. Here are a few tips on what you can do:
- Fill out your application completely, and list all the doctors you have seen. You should provide their contact information and the dates you were examined by them.
- Include all of your medical records. This will avoid the SSA having to contact your physicians for this information, which could delay their initial decision significantly.
- Obtain letters from all doctors who are treating you for your disability. Their letters should explain your medical condition and how it prevents you from working.
- Check on the status of your application to be certain that the SSA does not need additional information and that they are reviewing your application. You can check this on the SSA website or by calling and speaking to a SSA representative.
What is the best way to be certain that your claim goes faster? Retain an experienced Social Security disability lawyer immediately. They can help you file your application properly, provide all the documentation needed for you to get a quick decision, and file your appeal if this is necessary. To learn how we can help, call our Roswell office to schedule your free consultation today.
Should I settle my personal injury case?
If you suffered injuries in a car, truck, slip and fall, or another type of personal injury accident, you will need to file a claim with the negligent party’s insurance company. At some point, you will need to decide whether to settle your case or take it to a jury trial.
Factors to Consider When Deciding Whether to Settle Your Claim
Making the decision on whether to settle your claim is one of the most important ones you will make, and you may have to consider this more than once if you receive additional offers from the insurance company. You should not decide this without the help of an experienced personal injury attorney. Here are some of the pros of settling your case versus taking it to trial that you should consider.
Benefits of Settling Your Claim
Most personal injury cases are settled at some point before a scheduled jury trial. There are benefits in reaching a settlement with the insurance company:
- You will receive the settlement proceeds quicker.
- Your legal costs will be less because you will not incur trial costs.
- You avoid the time and energy that a jury trial takes.
- You have the certainty that you will receive some compensation for your injuries. Even if you have a strong case against the negligent party, there is no guarantee you will win at your jury trial.
Benefits of Taking Your Case to Jury Trial
If the insurance company refuses to make you a reasonable offer or the statute of limitations, which is the deadline you have to sue, will expire soon, you will need to file a lawsuit and litigate your claim. However, you could still reach a settlement at some point down the road.
However, there are benefits to taking your case to trial. They include:
- Finality. Presenting your case to the jury and receiving a decision—which will hopefully be favorable to you—can give you a sense that your case is truly over and that you received justice.
- Larger award. A settlement would most likely be for less than what you may receive at trial. While there is no guarantee that you would win your case at trial, you could receive much more money in a jury award.
Proving your right to damages after a personal injury accident is complicated. You need the help of a skilled personal injury lawyer to collect the evidence you need, go up against the insurance company, and decide whether it is in your best interests to settle your case. Call our Roswell office or start a live chat to schedule a free consultation to learn how we can assist you in pursuing your claim.
What is a cumulative medical exam?
When you apply for Social Security Disability Insurance benefits (SSDI), the Social Security Administration (SSA) will decide whether you qualify for benefits. They could schedule a cumulative medical exam to help them make a decision on your claim. This is a physical or mental examination that they will use when deciding whether you are unable to work due to your medical condition.
When Could You Be Required to Attend a Cumulative Medical Exam?
Whether the SSA will schedule a cumulative medical exam will depend on your disability and the evidence you submit to support your application. Examples of when this exam may be required include:
- Additional medical information is needed that is not included in your medical records.
- There are gaps in your medical treatment, or you have not been treated by a doctor for a while.
- The SSA cannot obtain your medical records from your doctor for a reason beyond your control, such as your physician’s death or refusal to supply them.
- There are inconsistencies in your medical records.
- The SSA needs specialized medical evidence to decide your claim.
- You could experience a change in your medical condition in the future that may affect your ability to work.
Who Performs a Cumulative Medical Exam?
Your treating physician can conduct a cumulative medical exam. Often it is performed by an independent doctor hired by the SSA. These doctors do not work for the SSA.
What Happens at a Cumulative Medical Exam?
The purpose of your exam is not to treat you. It is to determine how serious your disability is.
The extent of your cumulative medical exam will depend on your disability and the questions that the SSA has about how it affects your ability to work.
However, there are specific rules on how long your exam should last. Here are some requirements that should be followed:
- A general physical exam should be for at least 30 minutes.
- A musculoskeletal or neurological examination should take at least 20 minutes to perform.
- A psychological exam should last at least 60 minutes and a psychiatric exam should last for at least 40 minutes.
- Other types of examinations are required to be for at least 30 minutes.
Once the exam is completed, the physician would submit a written report to the SSA.
Who Pays for a Cumulative Medical Exam?
The SSA will pay for a cumulative medical exam and any diagnostic tests associated with it. You should not be charged for these services.
Are you considering filing for SSDI? Does the SSA require you to attend a cumulative medical exam? Call our Roswell office to schedule a free consultation with our experienced Social Security disability lawyers who can help you obtain the SSDI benefits you are entitled to.
Do I need an attorney to appeal a Social Security disability denial?
If your application for Social Security Disability Insurance benefits (SSDI) is denied, you do not have to hire a lawyer to file your appeal. However, if you want to win your case, your best strategy would be to retain an experienced Social Security disability attorney. Here are three reasons why having a lawyer represent you in your appeal will increase the chances of success.
Reason #1: Gathering Your Medical Documents
Your attorney will review your entire file and all the medical documents you provided that support your application. They will be able to identify gaps in your medical history and will be able to obtain the medical records you need to file with the Social Security Administration (SSA) to support your claim quicker than you could. They will also contact your doctors and have them write a written opinion that explains fully what your disability is and how this prevents you from working.
Reason #2: Understanding of Law and Procedures
A knowledgeable attorney will know how to file your appeal properly. They will also understand the rules and procedures that must be followed so that your appeal proceeds quickly and smoothly.
Reason #3: Preparing You for Your Hearing
One of the biggest benefits of having an attorney is that they will be with you at your hearing for your appeal. Some of the ways an attorney can help you include:
- Trial preparation. They will prepare you for the questions that the administrative judge will ask you at your hearing.
- Evidence. They would be certain that all your medical records, doctors’ opinions, and other evidence that supports your claim of disability are presented at your hearing.
- Witnesses. They will identify all the expert witnesses you need, such as a physician, and any other witnesses who can help you prove your disability and will prepare them to testify at your hearing.
- Cross-examination. A vocational expert would most likely testify on behalf of the SSA. After the administrative law judge questions this expert, your lawyer can effectively cross-exam them about their findings and show how they are inaccurate. They would also cross-exam any other witnesses presented on behalf of the SSA.
Was your application for SSDI benefits denied? Call our office to schedule a free initial consultation to learn how our skilled Social Security disability lawyers in Roswell can help you.
How long does it take to settle a car accident claim?
If you are thinking about filing a claim for compensation for your injuries in a car accident, you will want to know how long it will take to settle your claim with the negligent driver’s insurance company. Unfortunately, each case is different. Some can settle in a few months, while others can take a year or longer to resolve.
Factors That Affect How Long it Will Take You to Settle Your Auto Collision Case
The insurance company could offer you a quick settlement in an effort to pay you less than the true value of your claim. However, it is rarely in a car accident victim’s interest to accept the insurance company’s first or second offer. Here are some factors that affect the time it takes to settle these claims.
Seriousness of Your Injuries
If you suffered serious injuries, you would be entitled to your past and future medical expenses, lost wages, and pain and suffering in your settlement. You need to wait until you reach your maximum medical improvement, which is the stage where you fully recover or recover as much as you will, before settling your case.
Why is this important? You cannot know how much you should receive in future damages until you reach this stage in your recovery.
Who the negligent driver’s insurance company is can have an impact on how long it will take to resolve your claim fairly. Some larger insurance companies will fight harder and longer to reduce the amount they pay car accident victims.
In addition, if you suffered long-term injuries, the value of your claim will be greater. The insurance company will raise even more disputes in an effort to deny your claim or pay you less than you deserve by wearing you down.
If there are true questions about who was at fault in causing your collision, it could take longer to convince the insurance company of their liability. You may have to collect additional evidence or hire an expert witness to resolve this dispute.
If the insurance company refuses to be reasonable or the statute of limitations, which is the deadline to sue, will expire soon, you will need to retain an experienced car accident lawyer. While you may still settle your case before it goes to a jury trial, it could take longer to resolve it if you must litigate your case.
Do you want to know how these factors could affect your claim? Do you need help negotiating your settlement? Call our Roswell office to schedule a free consultation with our skilled car accident legal team to get your questions answered and learn why we are the right injury attorneys for your case.
How are grid rules used to determine Social Security disability eligibility?
If you are applying for Social Security Disability Insurance (SSDI) benefits, it can be easier to get your application approved by the Social Security Administration (SSA) if you are 50 years old or older. The SSA considers it harder for older applicants to learn new job skills or move to a different type of work. If the SSA decides that you can no longer perform your former job duties, they will use grid rules to determine if you are eligible for benefits.
How the Grid Rules Work
The SSA refers to the additional difficulty an older worker has switching to a new type of job as a vocational adjustment and uses grid rules to determine these applicants’ claims. The SSA considers a number of factors that are applied to grids the SSA developed in deciding whether someone qualifies for benefits. The following factors are considered.
The SSA divides applicants into the following age groups: younger individuals (aged 18 through 49 years old), individuals approaching old age (50 through 54 years old), advanced age (55 years old or older), and approaching retirement (60 years old or older). It is easier for an older individual to get approved by the SSA under the grid rules.
Individuals who have a lower educational level are more likely to have their application for SSDI approved. The SSA divides educational abilities into the following levels:
- High school graduation or higher with additional training for skilled work
- High school graduation or higher with no additional training for skilled work
- Limited education, which is generally completing l1th grade or lower
- Inability to read and write
Past Work Experience
The SSA considers an individual’s prior work experience under the grid rules. Jobs are grouped into these classifications: unskilled, semi-skilled, and skilled. It is easiest for unskilled workers to qualify for SSDI using the grids.
Transferable Work Skills
The SSA will take into account whether semi-skilled or skilled workers have job skills that would transfer to other types of employment. Applicants who have more transferable job skills will have a harder time getting their application approved.
Residential Functional Capacity
A person’s residential functional capacity (RFC) is their ability to do work on a full-time basis. In determining what a person’s RFC is, the Social Security Administration will use medical evidence, such as from the applicant’s doctor, as to their ability to stand, walk, lift, push, and carry. RFC is divided into these categories:
- Sedentary work
- Light work
- Heavy work
- Very heavy work
Individuals classified as heavy work or very heavy work will be more likely to qualify for SSDI under the grid rules.
Do you have questions about your eligibility for SSDI under the grid rules? Do you need help appealing a denial of your application? Start a live chat or call our Roswell office to schedule a free consultation with our experienced Social Security disability lawyers.