| Social Security Faster Hearing Dates | Don't procrastinate | Important Tip for CDL Drivers with Speeding Tickets | Disability Triangle Revisisted | What's an ERISA case? | TRUCKERS BEWARE 72 HOUR BLITZ | New Location | Social Security Disability Most Important Thing to Know Part 1 | Long Term Disability ERISA No fee on front benefits | Long Term Disability (ERISA) how to avoid the trap | Merry Christmas 2017 | Most Important thing to know about Workers' Compensation | Most Important thing to know about Long Term Disability Insurance (ERISA) | Social Security's new deadlines | Truckers Beware I-30 inspection station | Court of Appeals | How to apply for Social Security Disability | CDL Drivers need legal representation | Worker's Compensation time and place | Social Security and Date Last Insured | Long Term Disability Insurance (ERISA) | Social Security: Early retirement, disability or both. | The Disability Triangle | Good News for Long Term Disability Claimants | When's the best time to hire a lawyer for Social Security Case? | BEST | Truckers Welcome | What's your date last insured for Social Security Disability and why does it matter? | Working and Applying for Social Security Disability Insurance | Report Worker's Compensation Claim to Employer's WC carrier ASAP | Loss of a former friend/client | Suggestions for managing wait time in Social Security claim | Hire Local Attorney for Social Security |
May 1st, 2019
Dwebb has noticed faster hearing times for ALJ hearings over the past few months. The hearing offices in Arkansas should be commended for fighting through the backlog of cases which resulted from the financial crisis of 2008.
Getting a hearing before an Administrative Law Judge will still take more time than people expect, but the situation is improving.
As always, if denied Social Security Disability call Daniel Webb. 501-372-2400
January 18th, 2019
Legal claims have deadlines. Even cases without statutes of limitations such as Social Security Disability become less viable with time.
If a Social Security claim is denied it must be appealed within 60 days of the denial. Don't let that deadline pass. Every day that goes by without new earnings posted to a SSA earning record diminishes the claim. Eventually, the date last insured passes and the only available benefit is SSI.
Don't take no for an answer. Call Daniel Webb if your Social Security, Long Term Disability (ERISA) or Worker's Comp claim is denied.
Don't give up. I never do.
October 11th, 2018
If you have a CDL and get a ticket for speed over the limit, immediately take truck to a mechanic and have the speedometer checked. If it's easy enough to replace the speed sensor do so.
Keep the mechanic's invoice and call Daniel Webb first chance you get.
August 28th, 2018
We have all heard of the Bermuda Triangle, but what about the Disability Triangle? It's not a geographic location, but it's very hard to navigate, especially without an experienced lawyer.
The Disability Triangle refers to Social Security Disability, Workers' Compensation and long-term disability insurance claims (usually under ERISA). These disability cases commonly claim some sort of off-set or credit against the other.
If you were injured at work and eventually became disabled your claim could over-lap and become complicated by one or two of the other sources of income mentioned above.
If you are in this boat call Daniel A. Webb as soon as possible. These cases require long range planning and detailed execution at just the right times.
July 12th, 2018
ERISA cases handled by Daniel A. Webb are usually denied long term disability insurance claims. These cases are termed ERISA cases because, in general, if an employer was involved in setting up the policy any lawsuit filed to collect unpaid benefits is governed by the Employee Retirement Income Security Act (ERISA). ERISA is a federal statute passed in the early 1970s to protect employee benefits.
If you have a policy for disability insurance and have received a denial letter, you generally have 180 days to appeal. You should do so. Call me early so we can put evidence into the record as early as possible.
Daniel A. Webb PA has moved to the Stephens Building in downtown Little Rock, Arkansas. My new street address is 111 Center Street, Suite 1200. Little Rock, AR 72201.
June 5th, 2018
Beginning today and ending Thursday, law enforcement will dramatically increase inspections of big rigs emphasizing hours of service records. Stops will occur at the Alma inspection station on I-40 in west Arkansas. Other locations may include an inspection station in Saline County on I:30. Be careful, have your e-log operational.
Each year many expensive tickets are issued during this blitz. If you get ticketed call dWebb @ 501-372-2400 in Little Rock.
Source Arkansas Democrat Gazette 6/5/18
May 14th, 2018
Daniel A. Webb, P.A. has moved to the Stephens Building in downtown Little Rock. I am on the 12th floor in a lovely corner office. I hope to stay in the Stephens Building for many years to come.
I will be handling the same type of cases and focusing on long term disability (ERISA) cases, Social Security Disability appeals and claims for Workers' Compensation benefits.
If you need help, please call me at 501-372-2400, and remember always hire a local attorney. You are here, your case is here and your lawyer should be here too. Hire local!!!!
March 2nd, 2018
Before filing for Social Security Disability determine how long you can go without income. The vast majority of claims take longer than a year to begin payment, some take much longer. Try to continue work and put off filing as long as possible. Some employers allow workers to reduce hours and resulting wages below the SGA limit as health problems increase a workers inability to maintain job focus.
Also, as a worker gets older the SSA views the claim more favorably. Wait as long possible to stop working and plan for many months without income. Social Security is a good system but starting disability payments can take longer than expected. Be ready for the wait.
As always call Daniel Webb with questions, and please if hiring an attorney, hire a local attorney after meeting him or her in person.
February 23rd, 2018
Before hiring an attorney to help with your long term disability (ERISA) case make sure you understand the fee structure. Daniel A. Webb, P.A. does not charge a fee on future benefits after our services have been rendered.
If you have need for an attorney to help with a denied Long Term Disability Insurance (ERISA) claim, please call us. We would love the chance to help.
As always, hire local and meet your attorney in person.
January 22nd, 2018
Long term disability insurance is an insurance product usually purchased through one's employer. It provides an income stream in the event of disability. It usually starts before social security disability (SSDI) begins (totally different public benefit) and supplements the SSDI payments after SSDI begins.
Here is the tricky part. If denied by the long term carrier, you must follow the deadlines for administrative appeal. Usually, there are two appeals available with 180 day deadlines following each separate denial. You must meet the deadlines, and most importantly you must provide all relevant evidence regarding your medical problem. If you just send a couple of letters explaining why you can't work and exhaust both appeals the letters will be all the evidence you can ever use, even in court.
The evidence in your case is locked at the end of the administrative appeal process, and cannot be added to.
At Daniel A. Webb P.A. we help build the file with evidence before the appeals are exhausted. Generally, speaking our case is complete before we file a lawsuit for court review. Let us help you build your case. The expertise is knowing what the court and the insurance carrier consider compelling evidence.
Call us early so we have time.
December 22nd, 2017
Merry Christmas to all clients, friends and family from dWebblaw.
We look forward to helping with your legal needs in 2018. We handle all the basics such as divorce, probate, traffic, criminal etc., but our primary focus is long term disability (ERISA) cases, Social Security Disability appeals and Workers' Compensation Claims.
Please contact us if you are denied Social Security Disability, denied long term disability benefits through an employer provided private (ERISA or ERISA exempt) disability insurance plan or if you have a claim for Workers' Compensation. We look forward to helping the good people of Arkansas in 2018.
October 9th, 2017
If you have been injured on the job, the most important thing to know is that you must notify your employer of the injury immediately. Generally, you must be able to tell the employer exactly what injury was sustained, when and how. Oftentimes, you must persist and complete a report of injury in writing. You must be able to prove the injury was reported to whom and when.
Workers' Compensation claims are insurance claims. In all insurance claims the insurance carrier wants to know about the claim immediately. The longer you wait, even a day, the more likely the claim will be denied.
The Arkansas Workers Compensation Commission publishes a form N. The form is not always used but it never hurts to have one handy. http://www.awcc.state.ar.us/revisedforms/formn.pdf
October 9th, 2017
If you have a policy for long term disability benefits (ERISA) and have recently received a denial of benefits letter, here is the most important thing to know.
You must provide the carrier with evidence of disability before appeals are exhausted. Generally, there are two administrative appeals for each claim. Usually, there is a 180 day deadline to file each appeal after a denial. The appeals must be exhausted before filing a lawsuit.
You must get the evidence to the carrier before the appeals are exhausted.
Hire a lawyer early. Lawyers know what sorts of evidence will carry weight with the carrier and later a judge.
Don't wait till appeals are over to hire a lawyer. It will be too late.
Call Daniel A. Webb today.
August 4th, 2017
Starting in May of 2017, the Social Security Administration mandated that medical records used as evidence at disability hearings be filed no later than 5 business days before the hearing date.
This is an issue to be addressed in handling social security cases. However, good representation and knowledge of one's case should allow a valid reason for any needed extensions.
In the meantime Daniel Webb P.A. will try as always to be prepared for hearings and knowledgeable regarding the issues of each case.
May 31st, 2017
This time last year my phone blew up with calls from truckers who had been ticketed for not stopping at an inspection station on I-30 in Saline County, Arkansas west of Little Rock.
I asked some officers about this last month, and they indicated that the station is opened each June and closed most of the time.
According to my calculations, the station will likely open tomorrow and many truckers will be surprised by a new station they were not accustomed to. After all, we humans tend to be creatures of habit, myself included.
Be alert to this. Tickets have never been harder to deal with for CDL drivers and nobody needs any problems with how they bring home the bacon.
May 18th, 2017
One of my clients received a favorable decision from the Arkansas Court of Appeals yesterday.
The case was mentioned in an article in today's Arkansas Democrat Gazette on page 5B, top right corner.
I represent the injured appellant who will receive a rehearing.
Appeals are necessary from time to time in order to provide solid client representation, and to prevail at the appellate level is always noteworthy.
April 5th, 2017
Generally, lawyers do not help with initial disability applications. Here, we will if client is unable due to circumstances, but usually clients apply on their own, and we help if there is a denial.
Two easy ways to start the application process: 1. Call Social Security at 1-800-772-1213 or 2. go to ssa.gov and apply online.
Be very careful when applying online and make sure you are providing information to the official government website for Social Security for which the address should end in .gov
November 21st, 2016
If you have a CDL, you know what I mean when I say that CDL drivers need lawyers. If you receive a ticket on the job, or even in your personal vehicle, the stakes are much higher than for regular drivers.
I invite you to call my office should you receive any traffic ticket while holding a CDL. After agreeing to a fee, I will call the court where you were ticketed and enter a not guilty plea. Generally, you will not have to appear in court for the plea and arraignment date on the ticket you received.
Please call early. The later you call the higher the stress level for everybody. After entering your not guilty plea, I will set a trial date and we can discuss the appropriate strategy to best benefit you as a CDL holder.
September 23rd, 2016
Worker's Compensation claims must be filed as soon as possible. When reporting an injury an injured worker should know when, where, why and how the injury occurred. A reported claim that lacks an exact time and place of injury my be denied. Persistence may be required to get claim accepted.
May 12th, 2016
Social Security Disability claimants must know their date last insured. A claimant's date last insured (DLI) is the latest date a claimant can prove an onset of disability and be eligible for SSDI benefits instead of just SSI benefits. It's important not to let the date come and go. Often claimants become discouraged after a denial and just let time go by without appealing the denial, starting a new claim or going back to work and paying in payroll taxes.
Claimants should do one of the three. Every quarter that goes by without a pending claim or payroll taxes being paid in brings a claimant closer to their DLI.
Generally, a claimant must work 5 of the last 10 years to remain insured and eligible for SSDI benefits. Check your date and make sure you know where you stand.
Remember SSDI benefits resemble a long term disability insurance policy; payroll taxes are the premiums paid for the benefits.
January 25th, 2016
Long Term Disability Insurance Policies come in a variety of types and are governed by different laws. Often times these cases are referred to as ERISA cases because the Employee Retirement Income Security Act of 1974 governs the case.
No matter which type of long term disability policy is involved, the stakes are high and the issues are complex. Difficult questions related to federal preemption versus the states' rights to regulate insurance policies sold within their borders exist. There are also complicated offsets between social security benefits and workers' compensation benefits that must be addressed.
Most importantly, ERISA cases are generally tried based on the evidence before the insurance plan claims administrator when the decision to approve or deny was made. Accordingly, claimants cannot add evidence after the final decision to deny the claim has been rendered. This means that claimants should hire an attorney early so the record in their case can be properly developed.
If you have a LTD plan and have been denied check the deadline to appeal. Most plans allow for at least one appeal within 180 days of denial. Beware, that six months goes by quick, call early.
December 15th, 2015
Each Social Security recipient has an early, middle (full) or late retirement eligibility date. Often people take early social security retirement benefits because of health problems that keep them from working. Early retirement pays less than full or late retirement and comes with income limitations that can lead to serious over payment issues. If forced to retire due to bad health consider filing a disability claim in conjunction with the early retirement claim. If approved, the disability claim usually pays more than the early retirement and may provide benefits from an earlier period of time.
September 22nd, 2015
We have all heard of the Bermuda Triangle, but what about the Disability Triangle? It's not a geographic location, but it's very hard to navigate, especially without an experienced lawyer.
The Disability Triangle refers to Social Security Disability, Workers' Compensation and long term disability insurance (usually under ERISA). These sources of disability income commonly claim some sort of off-set against the other.
If you become injured at work and eventually disabled your claim may over lap with two or all three of the sources of income mentioned above.
If you are in this boat call me as soon as possible. These sort of cases require long range planning and detailed execution at just the right times.
July 16th, 2015
On December 19, 2012, Jay Bradford, the Arkansas Insurance Commissioner, approved Insurance regulation or Rule 101. Rule 101 prohibits discretionary causes in long term disability policies issued in Arkansas effective March 1, 2013.
The stated purpose of Rule 101 is to eliminate conflicts of interest for insurers who are responsible for both deciding and paying claims.
Rule 101 is a step in the right direction and should prove helpful for claimants of private disability insurance benefits. These claims are commonly referred to as ERISA claims because the policies are usually purchased through an employer and come under federal ERISA jurisdiction.
As always, don't wait until the last minute to hire an attorney to appeal a denial. Once the administrative appeal process ends it's very difficult to supplement the evidence in a claim file.
Most denial letters provide 180 days to send a written appeal. Generally, all administrative remedies must be exhausted prior to filing a law suit. Hire a local lawyer sooner than later.
June 9th, 2015
Claimants seeking Social Security benefits should hire an attorney after they get denied. Most people can and should file the initial application for benefits on their own.
If denied initially its ok to file the Request for Reconsideration yourself. Most of the work done on your case at this level will be by DDS, and some times there is not much for a lawyer to do.
Once denied at the recon level, it is definitely time to hire a lawyer. The lawyer will get the case ready for the ALJ hearing. Most cases are won or lost at this point.
In most cases, I recommend hiring an attorney after any denial. Remember that most all denials must be appealed within 60 days, or you start all over again.
Even if you appeal your first denial, hire a lawyer to get ready for the ALJ hearing.
After the ALJ hearing it may be more difficult to hire a lawyer, and the case may be too far gone for a lawyer to help.
When in doubt, hire a lawyer the day you get a denial letter. Hire a local lawyer and meet him or her at their office and file an appeal with your lawyer.
April 28th, 2015
There is an interesting tool available at the official Social Security website, ssa.gov.
Once on the website go to "online services" and then go to "Find out if you Qualify for Benefits." Then complete the Benefit Eligibility Screening Tool or "BEST" to see if you are eligible for any type of Social Security benefit.
Generally, people know if they are old enough for retirement (middle option usually the best) or if they are disabled and need to apply for disability benefits, but what about less common benefits that involve deceased parents or former spouses. Why not give it a shot? It does not apply for benefits or even require you to provide your SSN. It only takes a few minutes and could be very beneficial if you happen to qualify for something.
Remember when conducting any Social Security related business online make sure you are on the official government site, ssa.gov.
Another suggestion, while at ssa.gov set up your own Social Security account. It's also easy to do, and allows you to make sure your yearly earnings are being properly recorded by the administration, and informs you as to what you can expect to receive if disabled or retired.
March 27th, 2015
I have successfully handled traffic tickets for commercial drivers for many years.
If you have a CDL, you know how serious a minor moving violation can be to your livelihood. I charge reasonable rates to enter not guilty pleas over the phone, and then show up ready for a trial if it's in the client's best interest.
Talk to me before you plead guilty to a traffic charge that may cost you a lot more than the fine.
February 23rd, 2015
I often ask clients if they are insured for Social Security Disability and quickly realize they have no idea what I mean.
Eligibility for Social Security Disability benefits is based on your taxable earnings and the payroll taxes you have paid into the system (Social Security Disability Insurance or SSDI).
(Supplemental Security Income or SSI) does not require earnings and is based on poverty.
SSDI is like a mandatory long term disability insurance policy managed by the government. To receive either SSDI or SSI benefits you must be disabled, but it is important to know your date last insured because to receive SSDI benefits you must prove an onset of disability before the expiration of your date last insured.
For example, if your date last insured is 12/31/15 you must prove an onset of disability before 1/1/16.
If you prove an onset after your date expires you can still get SSI if you meet the poverty requirements, but usually SSDI is better.
Generally an individual with a pending claim who has worked and paid payroll taxes for five of the last ten years remains insured and is eligible for SSDI benefits. Usually, SSDI benefits are preferred to SSI benefits because other assets you may own don't reduce your benefits. The richest person in Arkansas could get SSDI.
At long last, here's the point. Do not wait to file your claim. The day you can no longer work, file your claim. Not waiting reduces the risk of your date last insured expiring before you prove an onset of disability.
January 19th, 2015
Can you work and still apply for SSDI?
Yes. So long as your gross earnings do not exceed the current substantial gainful activity (SGA) level. The level changes periodically and has been around $1,000.00 per month or $3,000.00 per quarter lately.
Often times an employer can reduce your work load and earnings due to your health problems and you can proceed with your claim. Always check with Social Security to confirm current SGA level.
Once approved you can consider the trial work period before making a final decision to leave the work force or not.
Be very careful not to exceed the current SGA level as doing so will result in an almost certain denial of your claim.
December 29th, 2014
Happy holidays from Dwebblaw.com. Looking forward to handling Social Security, Workers' Compensation and Long Term Disability Claims in 2015.
Always report your worker's compensation injury to your employer and make sure the claim is forwarded to your employer's worker's compensation insurance carrier immediately.
I hear many stories involving an employer and employee who decide to ignore the worker's comp carrier and handle the claim with the employer continuing to pay the employee's lost wages and health insurance paying the medical bills. This does not end well. Usually, the employer does not realize the expenses involved and gets tired of paying before the claim is fully paid.
At the same time, the employee gets cut off at the worst time imaginable and never gets fully compensated.
Lastly, the worker's compensation insurance carrier is not happy to get late notice of the claim and may deny on that basis.
Worker's Comp cases are essentially insurance claims, and with all insurance claims it is essential to provide early notice to the insurance company you want to pay the claim.
Don't let your employer talk you into bypassing their worker's compensation insurance carrier.
Good luck in 2015!
December 17th, 2014
Recently my old friend/client was murdered. I met him in junior high school. Much later, in the mid 2000s I successfully represented him in two unrelated legal matters.
I was always proud of our success, and I liked my friend/client a great deal. He was a very unique person, and I am sure I will never meet another person anything like him.
His death opened my eyes, once again, to the ever present violence and desperation that exists in our society. What can we do to stop the increase of violence and hatefulness? I wish I knew.
I will greatly miss my friend, and in his honor and memory I hope to make our world a friendlier place.
December 8th, 2014
Unless your claim is approved initially or at the reconsideration level, getting your Social Security claim through the system may take longer than you are prepared to wait.
Here are a couple of thoughts for people with chronic health problems who sooner or later will be unable to continue working.
First, work as long as possible. If you can make it to 50 years old your claim will be easier to get approved, and you may have a larger monthly benefit.
Second, talk to your employer about reducing your work load to a point where you are earning under the substantial gainful employment (SGA) level. If you are earning less than SGA you may be able to proceed with your claim and still work part time while you wait for your hearing.
December 1st, 2014
As an advocate for Social Security claimants in Little Rock I have noticed a recent development that alarms me. Recently, a new client indicated that he had provided information on the internet thinking he was dealing exclusively with the Social Security Administration. Instead it turned out that he had hired an out of state firm to handle his claim. He was baffled and unsure how all this had happened, and I felt badly for him.
When filing a claim online people should be careful and know exactly who they are providing information to. The Social Security Administration is run by the United States government and generally government websites end with a .gov. I suggest dealing with the government directly unless your claim is denied.
If denied, I suggest hiring a local attorney who is licensed and practices in the area where your claim is pending. You can visit personally with your local attorney to prepare your case in a face to face environment. I would feel more comfortable meeting my attorney and knowing exactly where he or she works and how to reach them efficiently to provide new evidence and updates on my case.