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Jerry Lutkenhaus

Jerry Lutkenhaus

Rated Best Workers Comp & Disability Lawyer in Central Virginia
  • Workers' Compensation, Social Security Disability
  • Iowa, Virginia
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Summary

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.

Practice Areas
  • Workers' Compensation
  • Social Security Disability
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
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Education
University of Iowa
J.D. (1973) | Law
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Activities: Student Legal Clinic
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Iowa State University
B.S. | History and English
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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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Virginia State Bar
Member
- Current
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Iowa State Bar Association
Member
- Current
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West Richmond Rotary
Committee Chairman
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Virginia Trial Lawyers Association
Guest Lecturer
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J. Sargeant Reynolds Community College
Adjunct Professor
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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
Legal Answers
212 Questions Answered

Q. Received lifetime medical for back injury went to doctor 6months after receiving award and doctors office said my case
A: You have a lifetime medical award for your injury. However, a doctor must say you “need” medical treatment for your injury. You should review the last medical report from the doctor to see if you were released. If you disagree, then you need to see another doctor to see what that doctor says. This does get complicated since the doctor who was treating you for your injury has the status of being the “treating doctor” for your injury. But if he refuses to see you and has not said your are recovered and need no treatment then you have a right to demand a new “treating doctor” from the insurance company. If they refuse to provide a panel of three doctors, then file a claim for a new doctor with the Virginia Workers Compensation Commission. That phone number is 1-877-664-2566. You also need to contact a Virginia Workers Compensation Attorney.
Q. Can I receive full sick leave pay from my employer and workers compensation pay at the same time?
A: I would think not unless the employer has a program that says sick pay would be used to supplement workers compensation pay which pays only two thirds of your salary. I believe the City of Richmond used to do this in order to make up for the one third that an injured worker loses by going on workers compensation. Normally, you cannot get sick pay if you are on workers compensation. This is based on my 35 years representing injured workers in the Richmond area. The principle is if you also got sick pay it would be a double recovery.
Q. Are pro se Appellants held to the same standard a licensed attorney in the state of Virginia? I am searching for cases
A: As a Virginia Workers Compensation lawyer for the last 35 years, I can tell you that pro se litigants who file appeals must abide by the same rules that lawyers have to follow. The courts are not allowed to give pro se litigants any breaks.
Q. My boyfriend is going through a divorce can he lose his disability when property and money is divided
A: As a Virginia Social Security Disability lawyer, I can tell you this divorce should have no impact on his disability. However, he should verify this with his divorce lawyer.
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.
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
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
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
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?
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.
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Contact & Map
4906 Fitzhugh Ave
Suite 201
Richmond, VA 23230
USA
Telephone: (804) 358-0048