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Jerry Lutkenhaus
After celebrating 50 years of legal practice, I am only taking selected cases.
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Biography
After celebrating 50 years of legal practice, I am now taking only selected cases.
Practice Areas
- Social Security Disability
- Workers' Compensation
Fees
- Free Consultation
- Contingent Fees
Jurisdictions Admitted to Practice
- Iowa
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- Virginia
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Languages
- English: Spoken, Written
Professional Experience
- Owner
- Law Office of Jerry Lutkenhaus
- - Current
- Law Office dedicated to provide aggressive legal services for the injured and disabled worker in the areas of Virginia Workers Compensation & Social Security Disability
- Managing Attorney
- Central Virginia Legal Aid Society
- -
Education
- University of Iowa
- J.D. (1973) | Law
- -
- Activities: Student Legal Clinic
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- Iowa State University
- B.S. | History and English
- -
- Honors: Phi Alpha Theta Honorary
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Awards
- Highest Rating for Legal Excellence AV
- Martindale Hubbell
- This reflects their highest rating for legal ability & ethics.
- Superb Rating 10.0
- Avvo
- Service Award
- West Richmond Rotary
- Slected as Best Attorney for Workers Compensation in Central Virginia
- Richmond Magazine
- This was based on a survey of 2,000 lawyers in the Richmond area.
- Service Award
- Central Virginia Legal Aid Society
Professional Associations
- Virginia Workers' Compensation Inns of Court
- Member
- - Current
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- Henrico Bar Association
- Member
- - Current
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- Virginia Trial Lawyers Association
- Member
- - Current
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- National Organization of Social Security Represenatives
- member
- - Current
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- Richmond Bar Association
- Member
- - Current
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Publications
Articles & Publications
- Social Security Tips for Workers Compensation Lawyers
- Virginia Trial Lawyers Association
- Virginia Workers Compensation Tips
- NBI
Speaking Engagements
- Social Security Disability for Workers Compensation Lawyers, VTLA, Richmond, VA
- Virginia Trial Lawyers Association
Certifications
- Social Security Representative
- Nationial Organization of Social Security Representatives
Videos
Legal Answers
219 Questions Answered
- Q. Do I qualify for SSDI in my specific case?
- A: It is very difficult to get Social Security Disability for a non-psychotic mental disorder like depression. At a minimum you would need a psychiatrist or psychologist to explain why you cannot do a simple uncomplicated non-stressful job. At your age your doctors would have to rule out jobs such as laundry folding, ticket taking, mail sorting, etc. The doctors would also have to explain why with treatment and medication you cannot do the simple non-stressful jobs.
- Q. Am I eligible for SSDI after strokes and mental health issues?
- A: At age 62, you can apply for both Early Retirement and Social Security Disability. The Disability is about 20-25% higher than your Early Retirement Social Security.
If your doctors agree that your medical conditions prevent the work you have done for the last 5 years, then you have a good chance of getting Disability. It would be helpful if the doctors would specify what job functions you can no longer do. I find it easier to prove disability for a physical impairment rather than a mental impairment. Also, your age at 62 helps you with a physical impairment but not with a mental impairment. However, if the mental impairment reduces you to simple uncomplicated work, then that would be extremely ... Read More
- Q. What does Appeals Council review mean in Social Security benefits denial?
- A: If your case has bring reviewed by the Appeals Council, then your lawyer may have asked for this review. It is very unusual for the Appeals Council to review a case on its own.
If the Appeals Council finds an error by the Judge, then the Appeals Council will send it back for a new hearing. This does give you and your lawyer a chance to present new and better medical evidence of your disability.
Unfortunately, the Appeals Council only finds errors by the Appeals Council in 10-20% of the cases that are appealed. You should consult with your current attorney about your chances.
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