Retirement is coming soon!

While I shall continue to publish this blog it is just about my time to retire from an active law practice. I am not taking any new matters and only seeking to resolve all the remaining cases that I have. What I can say to all those thinking about and searching for an attorney is whenever possible at least consult with an attorney about your case. The laws and rules involving workers compensation and Social Security disability are quite complex. Thinking it is just common sense and form work is a major mistake. Deadlines are not to be ignored and some matters seem to go against common sense. The reason is that these areas are creatures of statute. Benefits, rights and responsibilities are what the law says they are not what you think it should be. Entire claims can be lost by assuming something that is not so. So it is better to consult to assess what can be done and if you need legal help. Claims that look like small matters or you are told are minor can be worth an enormous sum. Never rely on the accuracy of what you are being told by your employer or the insurer. Just protect yourself and the best way to do that may well be with an attorney. I have nothing to gain here because I am retiring but I know this...wherever possible use an experienced attorney. Even cases where you think the offer to settle is decent may actually be worth much more. Even where all is going along fine so you think you are being taken care of by the insurer please consult with an attorney. Too much may be at stake financially, medically and emotionally to not obtain good legal advice. And do not be afraid to check with more then one attorney. It is your claim and your future that is at stake. As I head into the sunset of my practice I can say that the legal profession has been rewarding not just financially but in making a difference for others. You usually do it one person and one case at a time but you also achieve real results for real people. You also stand up for those injured and disabled just when they are most vulnerable. For me that has been very special. So thanks for allowing me to help. I shall continue however to write and speak up in this blog for as long as I can.

Unrepresented Claimants Revisited

In 2006 I posted on what resources were available for those who do not have an attorney to handle their case. That is now outdated. Sometimes attorneys will not take your case. There are many reasons for this and not always personal to your case. You may have a very good case but the attorney is busy or going in a different direction. Other times the attorney may conclude that your case has merit but does not fall into an area he wants to handle. Still other times an attorney decides there is not enough at stake to commit himself and his staff to your case. By all means keep looking for an attorney even going outside your locale if you have to do so. But if you must proceed on your own the state does provide useful information for you. You should contact the customer service people at the Division. They can assist when you do not have an attorney. There are many resources and much information available to you but I caution you to be thorough and not assume it is all common sense. Workers comp is a creature of statute, cases, rules and guidelines. All of this except the cases are available to you on the web. On this blog we often will post appellate cases. Also there are lower level decisions with caselaw you can review. Also read the publication for injured workers. At this link learn about non-lawyer workers compensation. Also at this link you can read an Overview of the Worker's Compensation Claim Process. Also from this page you can read more about representing yourself in proceedings including a non-lawyers guide. Be aware that anyone involved with a claim may also be involved with two agencies the Division of Workers Compensation and the Office of Administrative Courts. Information on this distinction can be read here. These links are important pages but really just explore what Colorado does have on the web so that you are as informed as you can be. A word of caution: represent yourself only as a last resort...this area of law is complex and difficult to navigate. But it is not impossible and if you must handle it yourself read the above and use customer service noted above.

Annual Fall 2010 Workers Comp Seminar

This is just to make you aware that Colorado has its annual fall update on workers compensation coming up soon. It is usually an excellent seminar and well worth it. It also provides attorneys with continuing legal education credits. Those who cannot attend can order the materials. Workers comp is quite technical in the sense it has a great many rules, cases, deadlines, forms, guidelines and much more. Staying on top of it is critical. Colorado has a rather large amount of available resources but it still requires being up to date. Aside from legislative changes there are cases and rules which may have been updated over the last year. The lecturers at this seminar are often quite good at presenting the materials in an interesting way. Those that attend also get a chance to interact with others in the field so the fall seminar is often the best one out there.

U.S. Supreme Court Audio Now in All Cases

This is just plain interesting though not just for workers compensation or Social Security disability matters. The United States Supreme Court is opening up its website so that visitors can listen to audio recorded arguments for its cases. That is a big change as in the past it has greatly limited this to making such recordings available much later. So if you want to hear the lawyers arguing a recent case that is important to you then give it a try. By the way often we hear questions and concerns coming from the court itself so it is not boring at all if the subject is of interest. In Colorado we already have this and it is fascinating especially in a workers comp case. For example here is the Colorado Supreme Court site from which you can seek more information.

First Colorado Workers Comp Educational Conference

Just announced by the Director of the Division of Workers Compensation is the first educational conference in what may likely become an annual event. Aside from educational information on the law, rules and the like there will be workshops and an Exhibit Hall so that all manner of professionals and more may interact and learn from each other. This event is set for September 16-17th, 2010 and may be well attended. I know I am interested in it so will try to attend and gain insight although it would be nice to obtain some continuing education credits. You can view the announcement here.

The Top Ten Reasons

Why do injured workers hire attorneys? Over at the Workplace Injury and Law Advocacy Group one writer set forth ten major reasons. Quoting from the article here is the list:

TOP 10 REASONS
10. Does not know the value of Permanent
Partial disability final payment.
9. Harassment from employer while on
restricted duty.
8. Has other legal issues (SSD, Short/Long
Term, ERISA subrogation, unemployment).
7. Poor Medical Care.
6. Fear of losing job or loses job.
5. Poor Treatment by adjuster/nurse case
manager.
4. Total Permanent situation.
3. Temporary Total Benefits not paid timely or
in correct amount.
2. Employer ignores Injury and refuses to
refer for medical treatment.
1. Changes in the law.

It is rather clear above that "protection" is the biggest single consideration. I would also like to add that an attorney can not only protect but also will seek to maximize your medical and compensation benefits. This can mean doubling, tripling or multiplying by over 10 times what the insurer says they still owe you. It can mean taking a claim when the insurance says you've been treated and released without impairment and obtaining more treatment and benefits. A decent attorney can not only protect but also increase your benefits considerably.

Attorneys Fees in Social Security a new cap figure

Historically attorneys fees in Social Security cases are 25% of back due benefits but most attorneys also agree to cap or limit the figure by using an approved form when submitting the fee agreement to the Social Security agency. Then the agency just disburses to the attorney and the client based on the fee agreement. Thereafter the claimant receives a full Social Security disability check or direct deposit as the attorney has been paid for obtaining or helping to obtain the benefits. Since most claimants also receive or are soon eligible to receive medicare or medicaid and no fee is due for that the contingency fee is an excellent way for those who do desire legal help to get that help without concern for paying for legal services until and unless they receive benefits. Of course no one must hire a lawyer and you can do it yourself to save that fee but it's not that easy. The new cap figure effective later this year is $6000.00 which means the fee is 25% but no more then $6000.00 and it will be less if your back benefits are under $24000.00. Back benefits due depends on the date your disability benefits should have begun and your wage record. If, for example, your back benefits total $10000.00 then the attorneys fee will be $2500.00. The agency computes the figures based on what I've noted above. Given that over your lifetime you can receive substantial dollar benefits and medical benefits the cap figure is a very small amount of those potentially lifetime benefits. Some complain about the contingency fee arrangement in these types of cases but it is the only way most people obtain high quality legal help at no charge unless they are successful. Try that with a surgeon or car mechanic!

Do Attorneys Make a Difference?

The state Division of Workers Compensation has statistics up through the year 2004. You can go to the Division website for this. For 2004 the average settlement was about $12000 for those not represented by an attorney. For those represented the average was about $32000. Click here for the 2004 stats and table 32 there sets forth the stats I am mentioning here. Now these are just averages. In my experience an attorney also helps on the medical side and on the receipt of temporary benefits. In many cases even before any settlement there are problems an attorney can assist with. Sometimes the treating doctor just discharges the claimant and that is wrong. This can result in the loss of medical care and loss of temporary benefits. Doing nothing is usually a mistake and an attorney can seek further care and benefits. The biggest factor can be where the insurer provides some permanent benefits but the claimant is no longer employable. This can mean much more in a settlement if it is pursued. Here the amount can far more then doubling or tripling the dollars. Lastly with those needing ongoing care this can be a lifetime situation though often the insurer does not see it that way. An attorney helps here too. I could write extensively on this but you get the idea. If you can then get an attorney...it usually means substantially more benefits.

Changing Offices

We've just finished moving offices and it went quite smoothly all things considered. I had been out near the Citadel Mall area at one office for some 16 years. It was an excellent office but time for a change. We moved just north of downtown to 730 North Weber Street and also to another location more convenient to our operations. It's a 21st Century way to operate. The problems of moving after such a long time are significant. We had an enormous number of files. We decided on a new phone system and of course needed new stationery. All the details were handled although we are still waiting added changes to our phone system. What sticks with me as we went through with the move is how many people we've represented over the years. It was a trip down memory lane as I reviewed all of our records. Some of those cases were considered lost causes but turned out fine. It reminded me to keep emphasizing to people to get an experienced attorney on your side if at all possible. Even so called lost causes need not be so with competent help. Thinking an insurance company will max out your benefits is unrealistic. You may even think everything is going along fine but please understand the insurance wants to save money. That fact means they seek to minimize and close a case as soon as possible. It is the nature of the profit system and it conflicts with obtaining maximum benefits in almost all cases. With an attorney you increase the odds in your favor often by 50 to 100 percent or more.

Free Consultations

Many attorneys in the injury and disability field state that they offer free consultations or a free initial office visit. That makes sense because most of the injured or disabled do not have the means to pay $100 or $200 or $300 or more to even see an attorney. Such a visit often takes more then one hour to be thorough. Usually mine take 1 1/2 hours as I really like to review much at the meeting. The paperwork, medical records or related legal/correspondence have to be reviewed to get an accurate picture. So talking by telephone is simply not good enough. The same with emails...just not good enough. Looking at the documentation and chatting is important to shed light on the situation. Is there some sort of catch to this free appointment? Absolutely not. It is free no matter whether you or the attorney do anything further. Of course it is also a way for the attorney to eventually earn fees but that is down the line. However do not expect the attorney to discuss other legal problems not related to your claim. The one thing that does amaze me is when someone calls and wants a free consultation but it is not something we handle or where we are not available for an appointment. When that happens most people understand and just keep seeking someone who can help them. But a few seem to think that "free" means they are entitled to it or an attorney has to see them. Nope. It just means the consultation or appointment is free when it is set by us. It is not required an attorney must consult with you only that if he does then it be free.

A Dose of Reality

Lately it seems I am seeing people who have seen some ads and called attorneys who imply it is fast, simple or suggest that you'll get big bucks in your claim. The reality is that if you have a workers compensation claim not all mean big bucks. Also fast or simple likely means only that the call to the attorney is fast or easy...the claim itself is not fast or easy unless it is a late in the process. You don't select your attorney by watching slick ads that seem like short infomercials. How do you do it? First you ask around of people you trust. But that is just one part of it. Then you look for solid information. The best place might be online where you can check websites or blogs about the attorney. I mean many of us now shop online right? We review products and obtain information that helps us to save or get the best product at the best price. So search by the type of claim and your location or search by name or search by your problem or when in doubt search by whatever you wish. Do not disregard ads or the yellow pages but when you locate a possibility then follow through with an online search. Information can be your friend in trying to locate an attorney. Then if you can get an appointment does the attorney answer your questions? Does he take time with you? And...does he tell you the problems too? You want the whole picture not some simple promise to take care of you. I suggest you do this as soon as possible and then decide who is right for you. The reality is that every claim has its upside (reward) and its downside (risk) and you need to be informed not sold a bill of goods. As for some ads...don't they remind you of a barker at a carnival? You know the guy who says come over here we have an easy game to play and the prize is huge. And it's fast and easy too! Advertising is not all bad and can help in the information gathering process but the key is getting real information not a sales pitch. Search and select based on reality not pie in the sky.

TV Advertising lawyer sued.

Today the local newspaper for Colorado Springs indicated that a Colorado attorney is being sued. He touts himself and the firm as the "Strong Arm". He does what I consider massive advertising. This is bound to lead to many cases and some are upset with the results obtained by him. Of course no one can guarantee results and such advertising is expensive. But it does mean a very heavy caseload is likely. Also it can be suggestive of a settlement mill where cases are moved along and settled fast. The article reports the cost of the ads exceeds $100000 a month. That expense and the overall expense of more then one office and staff does complicate a practice. My preference is a one on one practice where each case is handled thoroughly and the goal is to protect and maximize benefits. It is personal and labor intensive. I do see where that effort can be compromised if you have too many cases or too much overhead to feed. In any event a lawsuit is just a claim and we'll have to see what comes of it. My concern is not that there is heavy TV advertising. That is one way to get your name out there. My concern is with the content of some of the ads. In 15 or 30 seconds the lawyer may be made out to be a legal magician. And that is pure fantasy. Anyway here is the article.

The tidal wave of TV ads by attorneys

I am amazed at the TV ads by some attorneys. The viewer is left with the impression it is all so easy and also fast. Perhaps this is part of our culture to look for the magic pill or the quick fix or instant results. I recall someone telling me they went to one such attorney and their case was settled for $5000. Fair? Who knows but it was fast. Just today someone said they've been calling and calling but no one returns their calls. I can only shake my head because when so much advertising is done it is bound to lead to many many cases but also overload is possible. I suspect it also can mean a push to settle cases to feed the expenses of operating and marketing such an office. Be aware that many cases can take quite a while to resolve and are not simple and easy. If you have a small claim perhaps that is simple and easy but not a case where you require extensive medical treatment and have a serious health problem from your injury or disability. The last thing you want is to be pushed out of the system with less rather than more. Going for the quick buck may get you the quick buck but not top dollar. An injury can well mean chronic pain and permanent limitation. Do not cash it out and give up your rights without getting the maximum care and value. That simply takes time but it is usually well worth it.

Attorneys do make a difference!

One statistic kept by the state of Colorado shows that having an attorney does make a difference in the amount of your benefits. On average a decent attorney can increase your compensation by around 150% when compared to not having an attorney. In some cases this is much much higher. Insurance companies rarely admit someone is totally disabled and here the difference can be huge. One recent case resulted in $180,000.00 additional dollars or 4 times more then first offered. In other cases the workers comp doctor may say the person is released without impairment only to be proven wrong. This can lead to both medical and dollar benefits. The injured worker is led to think the doctor said he is without impairment so the case seems worth little. Turns out more treatment is needed and likely far more dollar benefits then zero! You'd be surprised how many people seek out an attorney when they are denied further care and simply want to get well. So while there are no guarantees attorneys frequently do make a big difference in most cases. In any event here is the stat on attorneys as of the year 2004...click here.

Television advertising by attorneys UGH!

It may be that some advertising is useful but as of today I am turned off by many of the TV ads by attorneys. The fact is workers comp cases are not easy and there are no automatic recoveries with big dollar figures. Moreover in Social Security disability hearings at the local level the statistics suggest that many people lose! The statistics I've been given vary depending on the local Judge but one Judge issues favorable decisions less than half the time. So advertising that leaves you with the impression the lawyer is invincible or a cash king is hogwash. There are two things to address here. First, some of these ads are being run so many times on several stations that it seems like half the ads on TV are attorney ads. I admit that is only my impression but the repetition is excessive! Of course I have a DVR so I skip most of them but I am astounded at the number of lawyer ads on television. Second, this much advertising can result in a huge caseload. So unless you are careful even the best lawyer can be overwhelmed with work. There can be pressure to settle or resolve cases to feed the costs of operating and advertising such a practice. My experience has been to limit the number of cases we handle because each case we do take will almost always involve a great deal of time and energy. Anyone with a work injury or disability has physical, emotional and financial problems plus legal problems added to the mix. This means every case is unique and deserves individualized efforts to get through it with minimal problems. Often a seriously injured case takes over a year to resolve. If so...that is the way it is and should be and rushing to settle is not wise. Excessive advertising expenses and a huge caseload can complicate or even harm this process. Today my main issue with the ads is that they are flooding the airwaves and are unrealistic. So I say UGH! Anything that sounds too good to be true is often not good and not true. By the way some TV ads are professionally done and helpful. I just dislike ads that seem over the line.