Setting the Record Straight on Social Security Law in Idaho Falls

By Brad Parkinson | Published on February 15, 2012 | 0 Comments

At Petersen Parkinson & Arnold, where Brad Parkinson is a social security attorney for Idaho Falls residents, there are many misconceptions about social security laws, disability laws and protection. One of the important tasks facing a lawyer like Parkinson is how best to educate clients and the public about his legal practice areas so that people can make the best decisions for themselves when it comes to social security and disability claims. Here’s what Parkinson has to say:

In many instances, the Idaho Falls social security attorney has talked to people who presume there’s such a thing as partial disability coverage for injuries sustained at work. Those with these views hold that the government would owe them compensation if they could prove partial disability. This is a misconception, says Parkinson. Contrary to this belief, the truth of the legal reality is that the social security law coverage is only effective for people with complete disability deriving from work-related injuries—that is, these people can no longer work, period, because of injuries they got at work. Such people are covered—and it’s no enviable position to be in, either.

The Idaho Falls social security attorney often gets calls from construction workers saying that, owing to a back injury, they can’t drive a truck anymore or operate equipment. The question facing the Idaho Falls social security attorney is whether this worker could instead serve as a clerk or work a desk job if the employer provided it. What if the caller says that, yes, the employer offered that, but it’s not what he’s used to; he’s a construction worker—that’s his trade and now he can’t perform it. The thing is, in order to receive social security compensation, the worker has to be literally completely disabled and unable to work in a similar or alternative capacity, says Parkinson.

Additionally, the law sees workers compensation and social security compensation differently depending on the age of the worker. For example, Parkinson explains that a 50-year-old would qualify more readily for social security and disability compensation than would a 35-year-old suffering the same injuries. The rules change again at age 55. Basically, the older you get the easier it is to qualify for social security and disability compensation.

Also important for people to understand is how much the social security system and judges rely on medical records to determine compensation. Therefore, the Idaho Falls social security attorney will ask the client whether they have visited the doctor, and what the doctor said or recorded about the injury. Without that record, there will not be much proof to present for social security and disability compensation. It’s necessary to obtain support for the claims in writing from a medical expert, says Parkinson.

Notwithstanding all this information, Parkinson says that those who believe they had a social security and disability claim should try their hardest to fight for that claim. It’s often too easy to become intimidated by the process and to give up. But if there’s serious injury and loss of income involved, it’s worth fighting and appealing for if necessary.

*Disclaimer: This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.

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