Author: davidlhood

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Social Security Disability Lawyer

Here’s What to Do When Your Social Security Disability Claim Is Denied

If you’ve been denied after filing a claim for Social Security Disability (SSD) benefits, you’re far from alone. In fact, most SSD claimants receive a notice of denial after filing a claim. Statistically speaking, the Social Security Administration (SSA) denies initial SSD claims at a rate of 65%, and reconsiderations (the initial stage of appeals) have an even higher denial rate of 85%.

Video: What if my claim is denied?
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After you find out your claim has been denied, you may be feeling frustrated, stressed, and anxious — but one thing you shouldn’t feel is hopeless. Even if the statistics regarding SSD claim denials seem discouraging, it’s important to remember that you’re not a statistic. Your case is unique, and just because some appeals are denied at an 85% rate doesn’t mean that your particular case has an 85% chance of being denied.

However, if you want your Social Security Disability appeal to have the best chance of success, it’s important to understand the next steps you need to take and what you can do differently this time around.

Understanding Your Social Security Disability Denial Notice

The denial notice you received from the SSA should contain a summary of your medical condition and impediments as well as the medical and non-medical records the SSA considered in rendering its decisions. The denial notice should also contain an explanation for your denial.

Some of the most common reasons that the SSA uses to deny Social Security Disability claims include:

  • You don’t meet the basic non-medical requirements (also called a technical denial).
  • Your medical condition won’t last long enough or isn’t severe enough.
  • You failed to follow the treatment plan your doctor prescribed.
  • You refused to cooperate with the SSA, including providing your medical history and attending any exams that they requested you attend.
  • The SSA can’t find you or get in touch with you.
  • Your disability is related to substance abuse issues.
  • There’s not enough medical evidence to support your claim.

Your denial notice may also include a “technical rationale,” which is a detailed explanation of the factors that caused the SSA to deny your claim. If the denial notice you received doesn’t include a rationale, make sure to request your file from the Social Security Administration so you can find out this information. Understanding why your claim was initially denied is crucial if you want your appeal to succeed.

Why You Should Appeal Your SSD Denial

Most SSD claimants who receive a denial notice don’t pursue their claim any further. Some people simply give up on the process, but many others don’t act quickly enough after receiving a notice of denial. Once you’ve received a notice of denial, you only have 60 days (plus five for mailing) to file an appeal before you’ll lose your right to appeal. If this happens, you’ll have to start over from scratch with a new Social Security Disability application if you want to receive any benefits.

RELATED: 5 Reasons to Hire a Lawyer for Your SSD Claim

Because filing an appeal sounds like a lot of work, some people simply start over and try to file a brand-new claim; however, this wastes additional time and almost always ends with a claim being denied for the same reasons as the first attempt. The appeals process, on the other hand, typically offers your best chance of successfully proving your claim and being awarded benefits.

If you’ve received a notice of denial, it’s critical to request an appeal immediately and give yourself plenty of time rather than waiting until the end of the 60-day window. And if you want your appeal to have the best chance, you should strongly consider working with an experienced Social Security Disability lawyer who can guide you through the appeals process and make sure your claim has a fighting chance.

Do You Need a Social Security Disability Attorney?

While it’s possible to successfully appeal an SSD denial without help from an attorney, statistics show that a disability claimant who is represented by an attorney at the hearing level is twice as likely to be approved compared to a claimant who represents themselves.

Why do your odds improve so much when you work with an attorney? The fact is that working with the Social Security Administration’s many rules and procedures can be confusing, and most people have no idea how to navigate the process and prepare for a hearing. An experienced attorney, on the other hand, should understand every aspect of the process and be able to draw on past experiences they have had with the system. They should also have a good idea of what the judge in your case is looking for and what questions they need to ask medical experts to make sure that crucial information comes to light.

Even people who successfully appeal an SSD claim without help from an attorney may not obtain the results they could have had if they had worked with an SSD lawyer. For example, an experienced attorney can track down important medical records and test results and work with physicians to obtain and organize detailed statements about your medical conditions. They may also be able to use their knowledge of Social Security Disability law to obtain a more favorable “onset date” (the date your benefits should have begun) in your case, which could increase the overall amount of back pay you receive.

Disability lawyers also work on a contingent-fee basis, which means there’s little risk to you — if you don’t win your appeal, your lawyer doesn’t get paid. While your lawyer will receive a percentage of your back pay if your claim succeeds and the SSA approves your benefits, the law limits their fees to 25% of the past-due benefits you receive, up to a maximum of $6,000.

There’s certainly no requirement that says you must work with an attorney for your Social Security Disability appeal, and working with an attorney doesn’t guarantee a successful outcome.

However, when you consider the risk versus the potential reward, working with an experienced SSD attorney is a statistically smart decision that can pay great dividends and save you a lot of stress and frustration throughout the Social Security Disability filing and appeals process.

The Law Offices of David L. Hood: Representing Social Security Disability Applicants in Throughout Georgetown and Horry Counties

If you’ve received a notice of denial for your Social Security Disability claim, you may be feeling frustrated, but don’t count yourself out. While the process of appealing an SSD claim denial isn’t a simple one, our team at The The Law Offices of David L. Hood is here to help. With years of experience representing clients throughout the SSD filing and appeals process, we’ll fight to make sure that your claim receives full and fair consideration and work to ensure that all the appropriate evidence comes to light throughout the process.

To speak with Attorney David L. Hood at no risk to you, call the Law Offices of David L. Hood at (843) 491-6025 or fill out the online contact form on our homepage and we’ll get in touch shortly to schedule your free initial consultation.

References

U.S. Social Security Administration. (2016, October). Annual statistical report on the Social Security Disability Insurance Program 2015. Washington, DC: Social Security Administration Office of Research, Evaluation, and Statistics (SSA Publication No. 13-11826). Retrieved from

https://www.ssa.gov/policy/docs/statcomps/di_asr/2015/di_asr15.pdf

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Categories
Motor Vehicle Accidents

Uninsured Motorist Accidents
in South Carolina

Uninsured Motorist Accidents

Did you know that in South Carolina one out of every thirteen people on our roads is driving without insurance? Those who do have insurance are only required to carry $25,000 of liability coverage. This means if you are in a car accident by no fault of your own, the at-fault driver’s insurance may only cover $25,000 of your losses. Therefore, it’s important for you to know all your insurance coverage options to make sure you are well-covered in the unfortunate event of an accident.

Uninsured Motorist Accidents: Blue car with blue umbrella, with text “Auto Insurance”

What vehicle insurance is required in South Carolina?

According to the South Carolina Department of Insurance (DOI), “Drivers are required to carry liability and uninsured motorist coverage with the following limits:  $25,000 Bodily Injury Per Person / $50,000 Bodily Injury Per Accident / $25,000 Property Damage Per Accident.”(DOI.SC.gov)

Underinsurance is not required in South Carolina; however, insurance companies are required to offer underinsurance for you to purchase.

Uninsured Motorist Accident Insurance versus Underinsured Motorist Accident Insurance?


Uninsured motorist insurance covers your losses when the at-fault party has no insurance or leaves the scene without providing you with any information.

Underinsured motorist insurance covers your losses when the at-fault party has insurance, but not enough to cover all of your damages.

“The at-fault driver’s insurance will typically pay for all damages up to his or her auto insurance policy limits, then your underinsured motorist coverage may cover the excess amount up to the limits you select.”(AllState.com)

Dangers of Driving Uninsured

Video Transcript:

We have a big problem in South Carolina. That problem is that you only have to have $25,000 in insurance if you’re at fault and hit someone. On top of that, about 8% of people driving around South Carolina have no insurance at all! It may not seem like a lot, but that’s one out of every thirteen people on the roads that are driving around with no insurance at all!

So, what happens when, say a DUI driver has no insurance and crashes into you? Well, your $25,000 underinsurance should kick in. But, if you’re laid up in the hospital, that may not even touch your medical bills. So, what can you do about it? You can buy more uninsurance and also underinsurance for times like these when a DUI driver is driving without insurance or doesn’t have enough to cover your medical bills. It costs extra to add it to your policy but can be a lifesaver if you’re faced with hundreds of thousands of dollars in unpaid medical bills.

Some say, “Why?” We say, “Why not?”

THE LAW OFFICES OF DAVID L. HOOD – SERVING CAR ACCIDENT VICTIMS IN SOUTH CAROLINA

If you have suffered a collision in South Carolina, the legal team at The Law Offices of David L. Hood will help you navigate the situation professionally. We have years of experience in helping people involved in serious accidents figure out the legal requirements and details needed to move forward after an accident. After gathering all the necessary information, we will pour our efforts into building your case to get a fair settlement or take it to court if the need arises.

Our entire team has years of experience representing various clients and car accident victims in South Carolina. Having a passion to help, we offer a free initial consultation where we provide candid legal advice on what options you may have. If you choose to work with us, we promise a contingent-fee based case, where you don’t pay unless we get a recovery in your case.

You can find our contact information on the page here and schedule your free consultation session.

For more information on how we can help with motor vehicle accidents, please click here.

Categories
Workers’ Compensation Lawyer

Video: Workers’ Compensation
The Basics Part 2

Workers’ Compensation: The Basics Part 2
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Video Transcript

I’m Attorney David Hood, and we’re continuing with part 2, with my able assistant Tracey, on questions, problems and solutions you may have for your workers’ compensation case in South Carolina. I think there are a couple more things we wanted to alert people who get injured on the job in South Carolina to, Tracey.

How do I go about starting a workers’ comp. claim?

There’s a right way and a wrong way. Let’s just talk about the right way.

You need to report the claim to your employer. Then they should contact the workers’ comp insurance company. We are in a ‘right to work’ state, so sometimes if it’s a minor injury, you might not want to do that, because you can be fired for any reason, you can quit for any reason. There’s a little bit of protection under the South Carolina Workers’ Compensation Act, but it’s not much. So, sometimes we urge people to be careful, particularly if they’re a long-time employee with a good job they want to hang on to. But, if your employer ignores you, you want to be sure (within 90 days, because after 90 days that’s it, you’re done) you want to make sure that claim gets filed with the South Carolina Workers’ Compensation Commission in Columbia by filing a form 50. They can help you with that at the judicial department at the South Carolina Workers’ Compensation Commission or your attorney (for instance, if we represented you, we would do that for you) to perfect your claim.

What if I haven’t heard back from the insurance company?

What if you’ve had a workers’ comp claim and you’re back to work and you haven’t heard anything from the insurance company?

What happens is, after a two-year period, your case is done. If you’ve had a serious on-the-job injury, you should be compensated at the end. There’s no pain and suffering under workers’ comp, but you’re supposed to get compensated for the loss of use of your body part(s). So, if you have a leg injury, a back injury, a shoulder injury, a head injury, you should be compensated for those at the end. But if you don’t have representation, the insurance company’s not going to tell you about that. If they can let the statute expire after a couple of years, they don’t have to pay you.

So, make sure you get something at the end. If we can help you, we’d be glad to. There’s no charge for an initial consultation. You can contact us by email or call us and we’d be happy to answer your questions.

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Categories
Workers’ Compensation Lawyer

Video: Workers’ Compensation
The Basics Part 1

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Video Transcript

I’m David Hood, and this is my most capable assistant Tracey. Today we’re talking about problems and solutions with Workers’ Compensation cases in South Carolina.

What if someone gets hurt on the job and is not getting paid?

Under the South Carolina statutes, what is supposed to happen is if somebody is written out of work by the company doctor, for over seven days and after fourteen days, they’re supposed to get two-thirds of their average weekly wage, meaning if you make $300 a week, you should get what they call a temporary total check for $200 a week while you’re written out by the company doctor. So, it’s very important to have an unbroken chain of out of work excuses if you’re seriously injured on the job.

What if your doctor wants to send you back to work, but you feel like you’re not ready?

A lot of times we have this conflict. It’s the workers’ comp insurance carrier, that company, that wants to pay as little on the claim as possible and get you back to work as soon as possible. So, a lot of times they’ll start you off (even though you have a serious injury) with physical therapy to try to get you back to work. If that doesn’t work, maybe they’ll give you some shots. If that doesn’t work, then it’s typically surgery. Then there may be some pressure; the insurance company is pressuring the doctor (and they’re paying the doctor’s bills) to get you back to work. So, if you really feel you can’t go back to work, and that the doctor’s maybe not treating you right, we can get a second opinion from another orthopedist or neurologist and we can kind of fight over that issue to get you more treatment.

Does it cost anything for somebody to call us?

No, our initial consultation is free. So, if you call us or email us, we’ll get back to you; we try to do it within 24 hours. Sometimes if we’re in hearings, it might take a little bit longer, or depositions, mediations, that kind of stuff. But there’s no charge for that, and we’d be happy to help if you have a question.

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Categories
Medical Malpractice Lawyer

Video: Medication Mistakes
Can Be Tragic

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Medication Mistakes Can Be Tragic

Video Transcript

Medication mistakes can be tragic. In fact, this medication error has resulted in a reckless homicide charge against a nurse, who pled not guilty to the charge.

Paralyzing drug given instead of a sedative

As the Associated Press and other news outlets reported, the nurse allegedly injected a 75-year-old lady with paralytic anesthetic, Vecuronium instead of Versed, a sedative.

The nurse supposedly chose to override safeguards when she could not find Versed in the automatic dispensing cabinet. She then typed “VE” into the cabinet system and selected the first medication, Vecuronium, that came up on the list. The drug she used ended up killing Charlene Murphy.

The nurse’s license has been suspended, and her criminal trial has been set for March of next year.

Medication errors can be avoided

This happens much more than it should. In fact, the US Food and Drug Administration states that it receives more than 100,000 reports annually about suspected medication errors. It’s also estimated that medication errors harm an estimated 1.5 million people each year.

Every one of these people has a story to be told about an error that could have been avoided. Unfortunately, these types of mistakes happen every day across South Carolina; hopefully, without tragic consequences.

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Categories
Wrongful Death Attorney

West Columbia Drug Clinic at Fault in Fatal Crash

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Columbia Metro Treatment Center in West Columbia, and its chain owner, Colonial Management Group will pay $10.5 million to settle two wrongful death lawsuits after one of its patients, under the influence of drugs, killed an elderly couple and their grandson in a 2015 auto accident.

The order says that this lawsuit settlement almost exhausts the Orlando-based company’s available insurance coverage. Because this was a confidential settlement, the case won’t go to trial, and the public will never hear details of the allegations or the company’s responses.

The driver, 62-year-old Robert Moore Jr. had been a patient of the clinic, receiving treatment for addiction to opiates. According to the lawsuits and the company’s internet site, “Drug addicts go to the Columbia Metro Treatment Center to get regular doses of methadone, which reduces their craving for opioids, including OxyContin.” (The State Newspaper)

The lawsuit alleged that Columbia Metro Treatment Center irresponsibly prescribed Methadone to Moore, who mixed it with other drugs. Moore left the clinic on November 20, 2015 heading west on U.S. 375. He veered into eastbound traffic on U.S. 378, striking two vehicles, and then slammed into an SUV head-on. The SUV burst into flames.

Harry Gunnells, 73, his wife Barbara, and their grandson, Cooper Gunnells, were in the SUV, and were killed in the accident. “Their estates sued the drug-treatment center and its owner.”

Harry and Barbara were killed instantly, but Cooper, “who suffered from spina bifida, was pinned in the wreckage and was “burned by the flames and suffocated by the smoke,” according to one of the lawsuits.”

Moore survived the crash, but died soon thereafter.

A little over five years prior, Moore had become addicted to pain-killing drugs after a back injury. In that five years, the clinic had never tried to detox Mr. Moore, or wean him from the “addictive substances for which he initially sought treatment, the lawsuits alleged.”

A week before the fatal crash, Columbia Metro had drug-tested Moore, who tested positive for methadone, amphetamines, Xanax and OxyContin. Moore was under the influence of methadone, Xanax, and Adderall on the day of the crash, an autopsy showed. Xanax and Methadone have a side effect of sleepiness. Adderall can cause seizures.

These four deaths could have been prevented by Columbia Metro cutting off Moore’s access to Methadone. In the complaint, Cooper’s attorney said, “The fatal injury and conscious pain and suffering … was the direct, proximate, result of Columbia Metro’s negligent, grossly negligent and reckless conduct.”

Contact the Law Offices of David L. Hood for a Free Wrongful Death Consultation

If someone you care about has died due to someone else’s negligence, please schedule your free consultation by calling the Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a wrongful death. At The Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Wrongful Death Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!

*Clients are not liable for any expenses, unless there is a recovery in their case; however, if there is a recovery in their case, clients will be liable for expenses. Attorney’s fees are based on a percentage of the recovery, which will be computed before deducting expenses.

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Other online references used for this article:

South Carolina Lawyers Weekly, https://sclawyersweekly.com/news/2018/12/10/methadone-clinic-settles-fatal-crash-suit-for-10-5m/

Categories
Medical Malpractice Lawyer

Video: How’s My South Carolina
Hospital Rated?

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How’s My South Carolina Hospital Rated?

Video Transcript

Hi. We often get a lot of questions about where can I find a decent hospital in South Carolina, or is there a system for me to find out where the best ones are? We’re going to dive into that right now.

To check your hospital’s grade

To check on your hospital, go to www.hospitalsafetygrade.org; this is where twice a year the Leapfrog Group (a medical watchdog) rates over 2,900 hospitals across the U.S. Grades range from A to F and 51 hospitals have been rated in South Carolina (we’ll also have a link on a related blog on our website). Fifteen South Carolina hospitals received an ‘A’; 15 a ‘B’; 19 a ‘C’; 1 a ‘D’ and 1 an ‘F’.

The Leapfrog safety grade is divided into two sections: Process/Structural Measures and Outcome Measures.

  • Process Measures represent how often a hospital gives patients recommended treatment for a given medical condition or procedure. For example, “Responsiveness of hospital staff” looks at patients’ feedback on how long it takes for a staff member to respond when they request help.
  • Structural Measures represent the environment in which patients receive care. For example, “Doctors order medications through a computer” represents whether a hospital uses a special computerized system to prevent errors when prescribing medications.
  • Outcome Measures represent what happens to a patient while receiving care. For example, “Dangerous object left in patient’s body” measures how many times a patient undergoing surgery had a dangerous foreign object, like a sponge or tool, left in his or her body.

So, if you need to set up a surgery, I would look for an ‘A’ rated hospital near you and then see which one has the best results or least complications related to your age, health and type of surgery. Hopefully, you can find a good surgeon affiliated with the right ‘A’ rated hospital. There are no guarantees, but why not try to increase your odds of success!

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Categories
Medical Malpractice Lawyer

South Carolina Ranks 25th
in Hospital Safety

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3 female doctors talking, with “Leapfrog Hospital Safety Grade ABCDF” caption

The Fall 2021 Leapfrog Hospital Safety Grade list is out. This newest list assigns grades to 2,901 facilities, the largest number of facilities ever graded.

Leapfrog Group

The Leapfrog Group was created in 2000 by a group of over 60 business leaders, with the goal of transforming healthcare in the US for the better.

“In 2012, Leapfrog launched the highly successful Leapfrog Hospital Safety Grade, a letter grade assigned to all general hospitals rating how safe they are for patients. Issued twice per year, the Leapfrog Hospital Safety Grade empowers regular people to find a safer hospital in their community by using the easy-to-understand A, B, C, D, F grading system.” (LeapFrogGroup.org)

The latest Leapfrog Hospital Safety Grade list ranks South Carolina in 25th place, out of all 51 states nationally.

How are grades determined?

Grades are based on how well each hospital prevents “medical errors, accidents, injuries, and infections that kill or harm patients.” (LeapFrogGroup.org/news)

The Palmetto State has 51 hospitals on the list. 15 South Carolina hospitals received an ‘A’ grade, 15 a ‘B’, 19 a ‘C’, 1 a ‘D’ and 1 an ‘F’.

How is my hospital rated?

If you need to set up a surgery, use this website and look for ‘A’ rated hospitals near you; then see which one has the best results or least complications related to the type of surgery, your age, and your health. Consult with your doctor as well.

CONTACT THE LAW OFFICES OF DAVID L. HOOD FOR A FREE MEDICAL MALPRACTICE CONSULTATION

If you or someone you care about has suffered because of medical negligence, please schedule your free consultation by calling the Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a serious malpractice-related injury. At The Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Medical Malpractice Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!

Other online resources used for this article:

https://www.thestate.com/living/health-fitness/article255697356.html

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Categories
Workers’ Compensation Lawyer

How Much Will Workers’ Comp Pay for an Amputation in South Carolina?

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If you’ve lost a limb (or the use of a limb) in an on-the-job accident in South Carolina, you’re probably out of work and trying to stay afloat in a sea of bills. You may be considering filing a workers’ compensation claim, but that can be a long and challenging process. Ultimately, you probably have one question at the top of your mind: What is the value of my case?

The most honest answer to this question is: It depends. The only way to get an honest assessment of the value of your claim is to contact an experienced workers’ compensation attorney who can learn about the unique facts of your case and give you their opinion about how you should proceed.

However, don’t get discouraged if you’re just looking for some basic information that can help you figure out how much your case might be worth. While it’s no substitute for a consultation with an experienced lawyer, we’ll provide a quick overview of the formula that the South Carolina Workers’ Compensation Commission (WCC) uses to determine the value of workers’ compensation claims involving the loss of a limb.

Continue reading “How Much Will Workers’ Comp Pay for an Amputation in South Carolina?”
Categories
Social Security Disability Lawyer

Video: Can I Get Social Security
Disability in South Carolina?

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Can I Get Social Security Disability in South Carolina?

Video Transcript

Hello, I’m attorney David Hood and I’ve been practicing law across South Carolina for over 30 years. One of our areas of focus is Social Security Disability. We frequently get questions from potential clients and clients about why the process is so difficult. We’re going to tackle some of those questions right now.

When do I need a lawyer?

First of all, at what point do I need a lawyer?

In the initial application phase about 1/3 of the people are approved. In the next phase, it’s about 10%. So, you really may not need a lawyer until you’ve been turned down twice and are requesting a hearing. Up until then, you have about a 40% chance of getting approved, and if you do it yourself there aren’t going to be any attorney fees.

Who typically gets approved?

The next big issue is who typically gets approved?

Well, if you have a terminal illness, you should get it. It also helps to have a solid work history. Age, education, and the kind of jobs you did are very important factors. For instance, if you’re 59-years-old it’s easier to qualify than if you’re 49. If you have a PhD it’s harder to get than if you’re a high school graduate – that’s because the Social Security Administration looks at things like whether your life’s work involved heavy labor or, like me, a desk job. So, they’re looking to see if you can do your old job and how hard it would be to retrain you for other jobs.

Medical Evidence

Medical evidence is key to your case. It’s important to have medical providers who support you and believe you’re disabled. You might also meet a listing, which is a disease that the Social Security Administration recognizes as potentially disabling. These are things like rheumatoid arthritis and depression. However, it’s critical to be able to show that you’ve complied with all recommended treatment and still can’t work. It’s also important to make sure that the Social Security Administration knows about anything and everything that might affect your ability to work.

Good luck, I hope this was helpful.

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