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

3rd Party Liability

Blog Post By:

Dennis R. Kurth, Attorney

Snow, Carpio & Weekley

The workers’ compensation law, besides being an important constitutionally-mandated insurance plan for injured workers, can also be a trap for the unwary in certain situations.  One of those situations is third-party cases.

When a worker is injured because of the negligence of a third-party (someone who does not work for the same employer), the worker can file a claim for and collect workers’ compensation benefits from his/her employer’s insurance carrier and sue the negligent third-party within one year from the date of the accident.  The workers’ compensation law gives the compensation carrier a statutory lien against the injured worker’s third-party recovery to the extent of all of the medical and indemnity benefits it has paid to or on behalf of the injured worker.

           

Where the settlement of any third-party claim is for less than the amount of the carrier’s lien, however, the injured worker must obtain the compensation carrier’s written approval to settle.  The purpose of this requirement is to protect the workers’ compensation carrier’s subrogation interest which could be extinguished by an inadequate settlement. 

Failure to obtain such written approval can trigger significant penalties including, at the extreme, forfeiture of all future workers’ compensation benefits, both medical and indemnity.  In other words, even if the injury was serious and the worker might need surgery in the future, he/she could never reopen the case.  Although the appellate courts in Arizona, over the years, have backed off on strict forfeiture in these situations, most workers’ compensation carriers, uninformed about case law developments, still try to impose forfeiture where the statute is violated.

Injured workers who have third-party cases, especially if they are pursuing these claims without an attorney, should get legal advice from a workers’ compensation attorney before settling such cases so that they do not run the risk of violating the statute and forfeiting future benefits.  These problems can often arise where the third-party, in an auto accident for example, has only a minimum liability policy which is quickly tendered to the injured worker.  It can also happen in the context of a third-party lawsuit where several defendants are sued and a small settlement is reached with a minimally-liable defendant.  In such situations, it is well worth consulting an experienced workers’ compensation attorney to make sure that the settlement complies with the workers’ compensation law and that the injured worker does not forfeit future benefits.

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

Concurrent Employment

Concurrent Employment

Arizona law provides that an injured worker is entitled to receive temporary compensation benefits if his doctor notes that his injury is preventing him for working, or limiting the type of work he can do.  

An injured worker is entitled to receive 66 2/3% of his average monthly wage.  This can include wages earned from another job, if the injury prevents one from doing both jobs.  It is very important that the insurance carrier is notified that you had concurrent employment.  Once you provide documentation on wages earned from this second job the insurance carrier should take this into account when they submit their recommendation of the average monthly wage.  If the wages from the second job are not included, you should notify the industrial commission and submit your documentation to prove that there are additional wages.  

Once the Industrial Commission issues their Notice of Average Monthly Wage you only have 90 days to protest the amount listed on that notice.  If that still doesn’t include wages earned from another job, you must request a hearing on the matter so that it may go before an Administrative Law Judge.  After the 90^th day, the wage has been set and will with very few exceptions, be the wage set for the remainder of the claim.

Blog WC Tip of the Day By:

Diana Robles, Attorney

Snow Carpio & Weekley

Tucson, AZ Office

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.

Determination of Your Average Monthly Wage

Determination of Your Average Monthly Wage

Under the Workers Compensation system in Arizona you are entitled to two things while your claim is open; Medical treatment and 66 2/3% of your average monthly wage, if a doctor is keeping you off work or placing restrictions on what work you can do.  

Your average monthly wage is typically based on the 30 days prior to the date of injury.  However, in some instances this is not a fair or true assessment of what your wage should be.  For example, if you do not receive paid vacation time and had just taken a vacation within the 30 days prior to the injury, it wouldn’t be fair to use that to determine what your average monthly wage is.  Things like bonuses, overtime pay, and a side job should all be accounted for in the determination of one’s average monthly wage.  

When you get an Average Monthly Wage determination notice from the Industrial Commission of Arizona you have 90 days to protest it if you do not agree with the wage. 

You should contact Snow,Carpio & Weekley, so one of our attorneys can review this, so that your wages are determined in a way that is fair and accurate and not just left to the insurance company’s adjuster.

Blog WC Tip of the Day By:

Diana Robles, Attorney

Snow Carpio & Weekley

Tucson, AZ Office

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.

Leaving the State While Your claim is Open

Leaving the State While Your claim is Open

As an injured worker Arizona law requires that you notify the Industrial Commission if you are planning on leaving the state for more than 14 days while your claim is open.  This can be done by filing paperwork prior to your departure.  Paperwork should include the address of where you will be staying while you are gone, and your reason for travelling or moving out of state.  

It’s always best to file something as soon as possible so that if your request to leave the state is denied, you have time to request a hearing on the matter.  If you leave the state without first obtaining permission your workers compensation benefits can be suspended.

Blog WC Tip of the Day By:

Diana Robles, Attorney

Snow Carpio & Weekley

Tucson, AZ Office

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.

How am I supposed to feed my family?

              

  How am I supposed to feed my family? 

by April Snow,

Business Manager

Snow, Carpio & Weekley

One of the hardest parts of running a law firm that helps injured workers and those with disabilities is hearing the heartbreaking stories of what our clients go through when they have no income for up to 2 years if applying for SSD or if they are only receiving a percentage of their income if they have been injured on the job.

The most common questions I get from upset clients when I speak with them as the Business Manager for the firm is "How am I supposed to feed my family" or "How am I going to pay my rent/house payment?" In fact, the only time I really have to speak with an upset client is because of money. They are desperate for it. They need it and every day is a struggle to wait for it. And even when it comes in; its not enough to take care of everything. And I'm not just talking about people who didn't have a "rainy day fund" or savings built up, I am talking about everybody from every economic walk of life!

Imagine for a moment your own household budget. You know what is due every month, what your income is and you probably have a schedule for which bills you pay out of each paycheck. Now imagine that you go to work one day and you are injured. Injured to the point where you are now thrust into the long process of filing a claim, receiving ongoing medical treatment and depending on somebody who views you as a file number to pay you .6667% of your normal salary/pay in a timely manner. And your first compensation check doesn't come on your normally scheduled payday like your paycheck would. You have to wait for the claim to be accepted, a work status to be established by the doctor and oh yeah, you have to be out of work 14 days before they consider you as having a time loss. So from day one your are behind the 8 ball financially. 

I believe that there are three parts to an injury. First, the physical injury. Second the financial injury. Third, the emotional injury.

Have you ever seen a grown man cry? I have. Multiple times actually in my  years here at the firm. They are the ones who take it all the hardest it seems. When a man cannot work, cannot provide for his family and cannot put food on the table, it's his worst nightmare. You can see them change from the beginning of their claim through the end. They are the ones who will call me daily too see if their checks came in, even if they know they aren't even due yet. They are the ones who are yelling one minute and then literally crying on the phone the next minute because they are trying to keep it all together. 

In the time it takes an average SSD application to get approval or for an injured worker who has sustained a severe injury that will keep him out of work for months to get back on their feet and released to full duty; it is not abnormal to hear that our clients have had to move because they can no longer afford their home, have had vehicles repossessed because of non-payment or have had to apply for financial assistance through DES or other State agencies. I once gave a client a list of all the food banks in the East Valley and helped him map out where they were all located so he could go to multiple food banks in one day so he could stock up on food for his family. I started to cry when he left because I felt his despair and knew that even if I was able to help him personally, there are so many more in the same position as he was.

So what do we do to help? Well, the first thing we do is to train our staff to work diligently on client files, stay on task with all their assigned cases and stay on top of adjusters to pay compensation timely. We also train our staff through various Customer Service Training's throughout the year to understand that the person yelling on the phone or in the office is trying to cope with one of the most trying processes they will experience in their lives and that this is most likely not the way the person normally reacts and handles things. We train them not to get frustrated and not to get upset but rather, to be patient and listen. And when we listen, we try to see what it is they need and we try and direct them to outside resources that they may find useful during this sometimes very long and trying ordeal. 

As the support staff here at the firm, we have to be more than the people who shuffle the papers and process the checks; we have to be human and relate to the problems of our clients. Its what right and its what makes us different from other firms. Our attorneys work in these communities, most of them grew up in these communities and I am pretty sure that every single one of us here at SCW has faced financial hardships at one time or another in either their youths or adult lives. 

So, if you or somebody you know is in a financial situation because of an injury, a disability, a job loss or an unexpected life event, below is a list of resources that may be helpful. Nothing is going to make everything perfect when dealing with these issues, but it may be a start to some very much needed help. 

For help applying for Food Stamps:
https://www.azdes.gov/nutrition_assistance/

Various Programs (up to 40!) that you may qualify for:
http://arizonaselfhelp.org/

For help with utilities:
http://www.needhelppayingbills.com/html/arizona_liheap_and_weatherizat.html

To find a food bank near you:
http://www.azfoodbanks.org/index.php/foodbank/

Women, Infant and Children:
http://azdhs.gov/prevention/azwic/

Summer Breakfast and Lunches for Children:
http://www.azsummerfood.gov/

Market on the Move:
http://the3000club.org/wordpress/


To speak with our firm regarding a work injury or applying for Social Security Disbaility, you can call toll-free at 855-325-4781 to schedule a free consultation in person or over the phone. We service the entire State of Arizona and have bilingual staff and attorneys. You can read more about Snow, Carpio & Weekley on our website at: www.workinjuryaz.com.

Dehydration is not a joking matter!

The temperatures are heating up here in Arizona! Are you drinking enough water?

Last year our firm represented a mother who's son died of Heat Stroke. He was a construction worker who worked outside all day and even though he was young and relatively healthy, he died as a result of not drinking enough water. It was a heartbreaking and preventable loss of life.

Would you be able to recognize the signs and symptoms of Heath Exhaustion and Heat Stroke? Take a look at the outline below to familiarize yourself.

Now, take a look at what Heat Stroke does to you body and why /how it can be fatal.

If you or someone you know is suffering from any of the symptoms of Heat Exhaustion or Heat Stroke, seek medical attention immediately. And remember, if you are feeling thirsty; you are already dehydrated!


Snow, Carpio & Weekley serves the entire State of Arizona. If you or someone you know has suffered a work injury or has a disabling medical condition that prevents you from working, call us toll free at 855-325-4781 to schedule a free consultation over the phone or in person. You can also see more information about Snow, Carpio & Weekley on our website at www.workinjuryaz.com.

Is it true that most Social Security Disability applications get denied at first?

Is it true that most Social Security Disability 

applications get denied at first?

by Attorney Allyson Snow

Statistically, yes.

Approximately 70% of applications are denied at the initial level. It generally takes Social Security approximately 4-6 months to evaluate an initial application.  If denied, the reconsideration level takes approximately 6-8 months and the chances of being denied are even greater; approximately 80-90%.

If denied a second time at the reconsideration level, a request for hearing can be filed for the claimant to go in front of an Administrative Law Judge.  It can take approximately 8-12 months to get a hearing.

If you have applied on your own and get a denial from Social Security, it is important to consult with an attorney right away because the deadline for appeal is time sensitive.  If you have yet to start your application for disability, consult with an attorney as there are many things a claimant can do at the outset of a disability claim that will benefit them should they have to appear at a hearing.


If you or someone you know has been injured at work or has a medical condition that will prevent them from working for 12 months or more, call Snow, Carpio & Weekley toll-free at 855-325-4781 to schedule a free consultation in person at one of our offices around the State or over the phone. You can also find out more about our firm by visiting our website at www.workinjuryaz.com.

Independent Medical Examinations by Attorney Nick Wearne

Independent Medical Exams

By Nick Wearne, Attorney

In the world of workers' compensation law there are two types of medical care, active care, and supportive care.  In the months following a worker’s injury you will receive active care. 

Active care is medical treatment designed to improve your medical condition.  In some cases an injured worker will undergo active care until they are back to 100% functioning capacity.  This is what we hope happens for all of our clients.  Unfortunately, in many cases injured workers will never reach 100%.  Instead, they plateau at some point in their active care, and stop getting any better.  Some people experience this plateau at 90%, others stop improving at 50% or lower and their earning capacity is severely limited. 

The moment when you stop getting better despite medical treatment is called ‘medically stationary.’  Once you have become ‘medically stationary,’ medical care becomes supportive.  Supportive care is not intended to improve your medical condition, but to keep it stable.  Examples of supportive care include pain medicine, epidural shots, physical therapy, and more.

When an injured worker becomes ‘medically stationary and begins receiving supportive care his/her rights change and often times the worker will be entitled to less compensation then they were entitled to during active care.  Insurance companies that are paying out on your claim want you to reach ‘medically stationary” as soon as possible.  For this purpose insurance carriers will often schedule what is called an ‘Independent Medical Examination’ (IME). 

IMEs are scheduled with a physician of the insurance company’s choice.  Such physicians are normally more than willing to give an opinion that the worker has reached ‘Maximum Medical Improvement,’ thus allowing the carrier to reduce a worker’s benefits.  While perhaps hard to believe, it is the insurance companies right to schedule these appointments and you must attend them.  Failure to attend an IME could result in complete termination of your benefits.

Too often, injured workers who are still improving get their cases closed out and their medical care cut short because of mandatory IMEs.  At Snow, Carpio, and Weekley we fight unwarranted benefit reductions that result because of an IME, we fight to get our clients back in active care, and we fight to get you back on the path to full recovery.  If you feel your benefits have been, or will be, cut short due to an IME, you should call an experienced workers' compensation attorney as soon as possible.

If you or someone you know has been injured at work or has a medical condition that will prevent them from working for 12 months or more, call Snow, Carpio & Weekley toll-free at 855-325-4781 to schedule a free consultation in person at one of our offices around the State or over the phone. You can also find out more about our firm by visiting our website at www.workinjuryaz.com.

If I am on Workers’ Compensation, does that affect my SSD? By Attorney Allyson Snow

If I am on Workers’ Compensation, does that affect my SSD claim?

by Attorney Allyson Snow

Maybe. It is possible to receive Workers’ Compensation and disability benefits at the same time. Based on past earnings, you have a maximum benefit amount. This is the amount you are entitled to receive between the two benefits.  The theory is that one will not be better off financially if they are disabled than they were when they were working.

If Work Comp benefits and disability benefits exceed the monthly maximum benefit amount, the Social Security benefits will be offset.  It is important to speak to your attorney about the dynamic between your Work Comp benefits and disability benefits to ensure your benefits are maximized.

If you or someone you know has been injured at work or has a medical condition that will prevent them from working for 12 months or more, call Snow, Carpio & Weekley toll-free at 855-325-4781 to schedule a free consultation in person at one of our offices around the State or over the phone. You can also find out more about our firm by visiting our website at www.workinjuryaz.com.

Temporary Compensation by Attorney Diana Robles

Temporary Compensation

by Attorney Diana Robles

Snow, Carpio

When you are injured on the job in Arizona, you may be entitled to receive temporary compensation benefits if your doctor indicates you can not work, or can work only in a limited capacity with certain restrictions.  The carrier will review each case to determine if temporary benefits are due.  Arizona law provides that you should be getting 66 2/3% of your average monthly wage.  Average monthly wage can include overtime and/or concurrent employment that you had at the time of your injury.

If your doctor indicates you can not work at all, you should be getting paid every 14 days.  This is called temporary total disability or TTD.  The doctor must address your work status at every visit, as the insurance carrier will want to know whether you are to remain off work.  In most cases, there is no time limit for the TTD benefits you can collect.  There are a few exceptions to this, for example in hernia injuries.

Once a doctor has released you to return to work with restrictions, Arizona law only requires them to pay 66 2/3% of the difference between the wages you are now able to earn and your established average monthly wage.  This compensation is paid every 30 days. This is called temporary partial disability or TPD.  

When your doctor releases you to work with restrictions, you should contact your employer to see if they accommodate those restrictions.  The best thing to do is to put your request to return to work with restrictions in writing.  If your employer can’t accommodate your restrictions, then it is your responsibility to make a good faith effort to find work within your restrictions.  You must apply for a job at other places even if you are still employed with your date of injury employer.  If you get a job you will receive the difference between the wage you earn and the 66 2/3% of the established monthly wage.  If you don’t get a job you would continue to collect the entire 66 2/3% of your average monthly wage from the carrier.

In most instances if you have returned to work your regular hours with restrictions, you will not receive payment from the employer for attending doctor or therapy appointments.  The carrier will review each case to determine if temporary benefits are due, however you would only receive compensation if your earnings were reduced by more than 33 1/3 of your set wage.  

If you or someone you know has been injured at work or has a medical condition that will prevent them from working for 12 months or more, call Snow, Carpio & Weekley toll-free at 855-325-4781 to schedule a free consultation in person at one of our offices around the State or over the phone. You can also find out more about our firm by visiting our website at www.workinjuryaz.com.

DEATH OF INJURED WORKER WHILE CLAIM IS STILL OPEN

DEATH OF INJURED WORKER WHILE CLAIM IS STILL OPEN

by Attorney Chad Snow, Partner

Snow, Carpio & Weekley

We've had several cases lately where our clients have passed away for a variety of reason, some related to their injuries and others unrelated.  The question then becomes – what happens to that claim?  Will the family get any benefits after the death of the injured worker?

Since the only compensation in a workers comp claim is for lost wages, compensation usually terminates with the death of the injured worker – the worker can’t work if he is dead so there are no lost wages.

However, if the death was caused or contributed to by the industrial injury, the survivors of the deceased worker can get ongoing compensation benefits for a percentage of what the worker would have been able to earn but for the injury.

In many cases, the relationship between the industrial injury and the death is not clear.  In these cases, a workers compensation attorney usually takes the case to court to prove medical causation – that the death was at least partially related to the injury or the work.  Surviving spouses, children, and other dependents can get a percentage of the deceased worker’s average monthly wage until age 18 for minors, and until death for surviving unmarried spouses.

You should always consult with a workers’ compensation attorney with any questions about survivors benefits.


If you or someone you know has been injured on the job or has a medical condition that prevents them from working for 12 months or longer, call Snow, Carpio & Weekley on our toll-free number at 855-325-4781 for a free consultation in person or over the phone, or visit our website at www.workinjuryaz.com.

POSITIVE DRUG TEST IN ARIZONA WORKERS COMP CLAIM

POSITIVE DRUG TEST IN ARIZONA WORKERS COMP CLAIM

by Chad Snow, Partner

When I first started practicing 15 years ago, insurance carriers made all injured workers submit to a drug test immediately after the work accident.  A positive result usually resulted in the claim being denied.  

In 2005, a claim went up to the Supreme Court of Arizona alleging that denying claims based on drug test results was unconstitutional as it introduced an element of fault into what is supposed to be a no-fault system (meaning that a claim is compensable no matter who is at fault).  The cases that resulted, Komalestewa and Gramatico, overturned the practice of denying claims based on positive drug or alcohol tests at the time of the injury.  

Many injured workers are still afraid to file a claim for an on-the-job injury because they have used recreational drugs or consumed alcohol prior to their injury.  Although there may be issues with your employer, there are no longer issues of positive drug or alcohol tests in Arizona workers compensation claims.  However, it’s still not a good idea to get high before climbing onto a roof… just a little free legal advice!

If you or somebody you know has been injured on the job or has a medical condition that will keep them from working for 12 months or longer, call our toll-free number at 855-325-4781 to set up a free consultation over the phone or in person at one of our offices across the State of Arizona. You can also find more information about Snow, Carpio & Weekley by visiting our website at www.workinjuryaz.com.

Can I still get benefits if I am an undocumented worker?

Can I still get benefits if I am an undocumented worker?

by Attorney Diana Robles

Absolutely!  Immigration status of a worker is not a factor for Workers’ Compensation benefits in Arizona.  In fact, Arizona laws expressly cover undocumented workers in its workers compensation statutes.  The Arizona Workers Compensation Act defines covered employees as “every person in the service of an employer … including aliens and minors legally or illegally permitted to work for hire …” A.R.S. 23-901(6)(b).  There is no reduction of benefits for not being a legal resident.

The Arizona workers compensation system is a no fault system, which entitles the injured worker to necessary medical treatment, in addition to 66 2/3 of their average monthly wage, when they can’t work because of their injury.  It is very important to report the injury to the employer promptly when you are injured.

If you or somebody you know is injured on the job or facing a disability that will keep them out of work for 12 months or more, call Snow, Carpio & Weekley toll-free number at 855-325-4781 to schedule a free consultation in one of our office located around the state. Or, we are happy to schedule a consult over the phone if you are unable to come into an office in person. You may also visit our website at www.workinjuryaz.com.

How do I pay my SSD Attorney?.

                                                                                     

How do I pay my SSD attorney?

Most every Social Security attorney charges the same way, which is by contingency fee agreement.  A contingency fee agreement means that your attorney does not get paid unless they win your case.  Up to the hearing level, most Social Security attorneys will charge 25% of your past-due benefits or $6,000, whichever is less. If you are approved for benefits, Social Security will generally directly withhold your attorney’s fee and pay your attorney directly



If you or someone you know has been injured on the job or has a disabling condition and will be out of work for 12 months or more, call our toll-free number at 855-325-4781 to set up a free consultation. You may also check out our website at www.workinjuryaz.com

What is an over payment and what can I do?

by Allyson Snow, Associate Attorney

SSD Practice @ Snow, Carpio & Weekley

An over payment occurs when Social Security improperly paid a recipient benefits they were not entitled to for some reason or another.  Unfortunately, it usually takes Social Security months or years to catch their mistake.  A recipient will get a letter in the mail that they owe Social Security a certain amount of money back.  Obviously, receipt of such a letter can cause great distress.

I classify over payments into two categories.  The first category is where Social Security has made a mistake about the over payment and the recipient is actually entitled to that money.  These types of cases are rare.

More often than not, even if Social Security is at fault and has paid benefits they shouldn't have, the recipient will be required to pay back the money. Most Social Security attorneys do not handle over payment cases because they are difficult to win.  Additionally, Social Security will find it hard to believe that one has the money to pay an attorney to fight the over payment, but they don’t have the money to pay Social Security back.  In these cases, I find that Social Security will normally work out very favorable re-payment terms.  The best thing to do is to be proactive and work out a re-payment plan with Social Security that fits within your budget, rather than having Social Security withhold part of your benefits to repay the over payment. 

If you would like to speak with somebody regarding a Social Security or Worker's Compensation matter, please call 855-325-4781 for a free consultation in person or over the phone. You may also find out more about our firm by visiting our website at www.workinjuryaz.com

Letter from the Industrial Commission of Arizona, dated 03/06/15 Regarding Medical Care

The following letter has been put out to the Arizona Community regarding medical care.

If you have any questions regarding medical care, an injured worker's right to choose their own doctors or any other questions related to Workers' Compensation or Social Security Disability, please call out office at 855-325-4781 or visit our website at www.workinjuryaz.com.

The attorneys and staff at Snow, Carpio & Weekley are dedicated to serving the needs of injured workers and disabled members of our community and State.

What happens if I miss an IME set up by the insurance carrier?

What happens if I miss an IME set up by the insurance carrier?

By Diana Robles, Associate Attorney

Arizona law provides that the insurance carrier can periodically set up an independent medical examination (IME) for you, at a time and place reasonably convenient, by a doctor of its choosing, so long as they give you 14 days advance notice of the appointment. If you miss an IME appointment the carrier can suspend your medical and temporary compensation benefits. In addition, many times the carrier will ask for sanctions to be assessed against you. They often ask that you reimburse the cost of the IME or that they be allowed to take a credit against future compensation owed.  

An IME can cost several thousand dollars.  If you have missed an IME appointment and receive a Notice of Claim Status requesting reimbursement or a future credit against temporary compensation, you only have 90 days from the issuance of the Notice to protest it.  Our firm will argue that these exorbitant costs should not be assessed to the claimant. 

However, it is very important to make it to these appointments and let the carrier know if there is a good reason why you can't attend the appointment. Of course, emergencies occur and if something happens which prevents you from attending the IME you may need to show proof that there was an emergency which prevented you from being at the IME.  More importantly, is the fact that the carrier may accept the opinion of its consulting doctor and base change in your claim status, or the closure of your claim, on that doctor’s opinion.  

Remember, it is your responsibility to understand all notices. If you disagree, you must file your request for hearing with the ICA within 90 days from the date of the Notice of Claim Status or the Notice becomes final.

If you or somebody you know is injured on the job or suffering from a disabling condition, you can call 855-325-4785 for a free consultation. Consultations are free and can be done either in person or over the phone. You may also visit our website at www.workinjuryaz.com for more information about our firm.

I am on light duty, does my employer have to pay me to go to my medical appointments?

by Diana Robles, Associate Attorney

In most instances if you have returned to work on light duty, you will not receive payment from the employer for attending doctor or therapy appointments.  The carrier will review each case to determine if temporary benefits are due.  However, once a doctor has released you to return to work with restrictions, Arizona law only requires them to pay 66 2/3% of the difference between the wages you are now able to earn and your established average monthly wage.  This compensation is paid once a month. So if you have returned to working your regular hours and you are only missing a few hours a week for appointments, it is unlikely that you would get compensation for time missed for appointments.  You would only receive compensation if your earnings were reduced by more than 33 1/3 of your set wage.

If you or anybody you know has a work injury or disability, call Snow, Carpio & Weekley at 855-325-4781 for a free consultation. You can also visit our website at www.workinjuryaz.com.