Jerry Lutkenhaus

Virginia Workers Compensation and Social Security Disability Attorney for over 35 years, rated "superb" by AVVO, and rated best workers compensation lawyer in Central Virginia in Richmond Magazine. I have been representing injured and disabled workers on their claims, appeals and disputes in the Virginia Workers' Compensation Commission, Virginia Court of Appeals, Virginia Supreme Court, and the United States District Courts. Frequent lecturer for Virginia Trial Lawyers Association.

• Social Security Disability
• Workers' Compensation

• Free Consultation
• Contingent Fees

Iowa

Since 1974

Virginia

Since 1974

Owner

Law Office of Jerry Lutkenhaus

1984 - 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

1978 - 1991

University of Iowa

J.D. (1973) | Law

1970 - 1973

Activities: Student Legal Clinic

Iowa State University

B.S. | History and English

1966 - 1970

Honors: Phi Alpha Theta Honorary

Highest Rating for Legal Excellence AV

Martindale Hubbell

2017

This reflects their highest rating for legal ability & ethics.

Superb Rating 10.0

Avvo

2017

Service Award

West Richmond Rotary

2014

Slected as Best Attorney for Workers Compensation in Central Virginia

Richmond Magazine

1999

This was based on a survey of 2,000 lawyers in the Richmond area.

Service Award

Central Virginia Legal Aid Society

1991

Virginia Workers' Compensation Inns of Court

Member

2015 - Current

Henrico Bar Association

Member

1992 - Current

Virginia Trial Lawyers Association

Member

1991 - Current

National Organization of Social Security Represenatives

member

1985 - Current

Richmond Bar Association

Member

1978 - Current

Virginia State Bar

Member

1974 - Current

Iowa State Bar Association

Member

1973 - Current

West Richmond Rotary

Committee Chairman

2013 - 2015

Virginia Trial Lawyers Association

Guest Lecturer

2012 - 2015

J. Sargeant Reynolds Community College

Adjunct Professor

2001 - 2002

Social Security Tips for Workers Compensation Lawyers

Virginia Trial Lawyers Association

November 5, 2012

Virginia Workers Compensation Tips

NBI

April 4, 2004

Social Security Disability for Workers Compensation Lawyers, VTLA, Richmond, VA

November 14, 2015

Virginia Trial Lawyers Association

Social Security Representative

Nationial Organization of Social Security Representatives

Q. Can a worker close out a claim if they no longer want to continue with a WC claim. Medical was approved but no money.

27 June 2019

A: If you are 100% sure you have no residual medical problem from this accident, you can “withdraw” this claim. Be sure you withdraw the claim “wirhout prejudice” which would allow you to re-file it within two (2) years of the date of your accident. You can call the Commission at 1-877-664-2566 and get information on whom to contact to withdraw your claim.

Q. Hi my wife is younger than me and on SSI disability. I am at full retirement age. Am I allowed to apply for spousal SSI

18 June 2019

A: I am afraid there is no spousal SSI which is a welfare program. If you are at full retirement age, then you can apply for your Social Security Retirement benefits.

Q. can social security have you thrown in jail for overpaying you 10s of thousands of dollars

18 June 2019

A: This depends whether or not there is fraud on your part. Usually, Social Security just declares an overpayment and asks you to pay it back.

Q. I am 48 just got denied after my hearing grid rule 201.21 at 50 rule 201.14 will apply when should I reapply

18 June 2019

A: I have done Social Security Disability law in Virginia for 35 years. Grid rule 201.21 does mandate a finding of no disability even though you are reduced to sedentary work and have no transferable skills. The problem is you are under age 50 which means Social Security thinks you can still do unskilled sedentary work. On the other hand with teh same facts but if you were age 50 and above you would have been found disabled under Grid Rule 201.14. You did not indicate when you last worked. You also did not indicate what your last insured date (LID) was. If you are still insured for Social Security at age 50, then you may want to apply again at that age. Perhaps, you can win at your initial application when you reach age 50 based on Grid Rule 201.14.

Q. I'm a govt contractor who's company is in PA. Do I need to call the VA workers comp?

18 June 2019

A: Virginia would only have jurisdiction of your case if your company regularly has two or more employees working in Virginia and the accident occurred there. Of course, if you are not an employee, then you are not covered by workers compensation insurance unless you insure yourself.

Q. SSDI asked for information to make a fully favorable decision on the record, after being denied, is that good news?

8 April 2019

A: Since he is over 55 with less than a high school education and he cannot do his prior work, he should have a great chance. I base this opinion on 35 years of Social Security Disability practice in the Richmond, Virginia area.

Q. Can workers comp force a person to have surgery? My injury occurred on the job I was hit by a personal vehicle.

25 February 2019

A: It is possible. If surgery is the only reasonable option, then the Workers Compensation Commission may order you to have the surgery. However, if there are other more conservative options, then you may not have to do this. You can contact me or another experienced Virginia Workers Compensation lawyer for further legal advice about your situation.

Q. Can I file a suit for workers comp injury that happened in 2014?

8 February 2019

A: You generally have two (2) years from the date of your accident to file a claim for an accident at work with the Virginia Workers Compensation Commission. Sometimes, if your employer never reported the accident to the Commission, then you can use that omission as an excuse and file after the two (2) year statute of limitations. You can call the Commission to check if your accident was ever reported at: 1-877-664-2566.

Q. Is it legal for comp liaison for your company to go into your Dr appointments ? Even if you don't want them too ?

24 January 2019

A: I have been practicing Workers Compensation law in Richmond, VA for over 35 years. I can tell you the nurse case manager who wants to be "push" and come into your examinations is a constant problem in Workers' Compensation cases. You can certainly advise the doctor you want a private exam. It is ultimately up to the doctor to decide how much interference he/she will tolerate from the nurse case manager.