Richard E. Falcone, P.C.
Colorado Attorney
Retired

Seeking Justice in Colorado Workers Compensation and
Social Security Disability


(719) 505-8584

Colorado Workers Compensation and Social Security Disability Attorney
Successful Cases
                                           SUCCESSFUL CASES
 
 We can only provide an overview (without names or details) but they are real cases.  They illustrate how despite uncertainty and opposition you can succeed with an experienced attorney on your side. Mr Falcone is now retired so he cannot accept any cases but would encourage you to obtain an experienced attorney.
 

1. It is no exaggeration that many workers comp cases result in much higher awards or settlements then what is originally offered. Recently in one case the amount the insurer paid in an effort to close the case was under $6,000.00. That was not the added amount received in the final settlement. The added amount? Over $80,000.00


2. It seems to many of our clients that all the Social Security Administration does is deny claims. It's discouraging but also it's often a mistake to give up. We took a case recently where simply appealing for a hearing and lining up the evidence led to a quick favorable decision without even a hearing!  Of course most cases do require hearings.


3. Often workers compensation cases are contested. It can take a hearing and much effort to make sure the case is covered or compensable for benefits. Again do not give up because your employer and the insurance decide to dispute your claim. In another recent case the claimant had pre-existing problems but they were aggravated by her work activities. It took a hearing but the claim was upheld by the Administrative Law Judge.
More recently the case settled and far from zero the claimant collected over $55,000.00 so contested cases do not mean you are unable to fight and win. Justice can happen with effort and experienced legal help.


4. Let's just talk about some numbers. Can you really turn a case where the insurer admits your permanent benefit is some $12,000 to over $60,000? Yes if there is a solid effort to protect your interests as happened in another recent case which settled.  Will the insurer like it? Nope but insurers often rely on doctors who may minimize your case. We seldom accept them as the last word. Insurers may count on you not knowing what to do or being overwhelmed by the paperwork. We handle all the legal paperwork. By the way there are some decent adjusters but please remember the insurance company is in it to make profits. You are in it in a far more personal
way.
 

5. In another case after prolonged treatment and with the claimant approaching the statutory caps for permanent partial benefits (the statutory caps can put a lid on total benefits which can mean little to no further permanent partial impairment benefits) it could have meant some $13,000.00 was all that was left for him. The eventual settlement exceeded $145,000.00.  No one can guarantee results but we do explore every possible way to maximize benefits. It takes a solid effort but that's what we do for all our clients.
 

6. In a recent case the claimant received under $9000.00 based on what the treating doctor determined was the claimant's impairment. We sought out a Division Independent Medical Exam which came in with a much higher impairment. Result? The case was settled for some $85000.00 more. It took a prolonged effort...the insurer was not very happy but our client was delighted.
 

7. Some Social Security cases should be automatically decided in the claimants favor. But few are and this triggers the need to appeal for a hearing in Colorado. There can be a long wait before the written decision and the money comes. In one recent case the claimant was found disabled after a hearing based upon the added medical evidence and legal research done by the attorney. He showed she qualified based on meeting a "listing". A listing is a specific disease, condition or health problem that is so severe it requires that benefits be awarded. We documented this to the judge and well over a year of back due benefits is to be paid to her. Moral of the story? Do not accept a denial as the final answer and having an experienced attorney often means success.


8. No need to say more: a recent case settled for $140,000.00 over and above all past amounts and benefits.


9. Even when permanent benefits may be significant it can be important to consider all your options. In another recent case the medical impairment was high and the doctor said he was 30% impaired. But what a doctor may say does not address if there can be much greater disability. Here we obtained a settlement and permanent benefits that exceeded $210,000.00 when the impairment rating by itself was an unfair way to look at long term disability for one of our clients.

10. After you receive medical care you are assessed for permanent benefits and the insurer seeks to close your case.  Usually we question that assessment. Sometimes it can lead to additional medical treatment when more can be done for you or it can mean a higher rating of your impairment. Even then the rating is not the end of the story. In this recent case the insurer finally said the claimant was entitled to some $30,000.00 but in the end the amount was $180,000.00.
 
11. Sometimes a seemingly minor injury or injury to an extremity like an arm or leg or foot can mean the insurer will pay you a few dollars and try to end your case. But what if you assert you can no longer work because your injury if added to your prior health problems can mean total disability? The insurer will rely on the statute, say you can work and  pay you for the extremity only and nothing more. That happened in this recent case. I assure you that insurers do not give money away. They can be tough and knowing how to approach them with a strong position is what we strive to do. It is not magic nor is it a guarantee as each case is unique and has its own concerns. An injured worker's age, pay rate, capabilities  and much more must be considered and experts can be needed to help the effort. The fact is in this recent case it was dead on arrival with zero for the claimant when we entered the case. It took a while to even obtain an extremity benefit of a few thousand. In the end it went from zero (0.00) to over $88000.00.

12.  Finally a comment: In the real world not every case obtains high benefits. The impression in TV ads of huge awards waiting for anyone who calls in and uses their attorneys is unrealistic. For example, sometimes a fall at work is not covered by workers compensation. Moreover  at times an injury is minor or involves difficult medical questions at great expense. In other cases the law itself is limited in what can be done. In workers compensation we are dealing with insurance which the state by statute defines. State law can limit benefits and even complicate matters which should be simple.  Say you are hurt at work and your employer terminates you. Common sense says that you should receive full benefits during your recovery since you are hurt but the law is not so clear cut. If the employer says you were responsible for your termination it can stop your temporary benefits until the matter is resolved at a hearing. Even then a hearing decision can be appealed. When you have a claim it is not usually easy or quick to resolve as the commercials imply. So use an experienced attorney and be prepared to cooperate and present a united front in pursuing your benefits. That will give you the maximum chance of success!  
 


You may call us at 719-505-8584 and leave a message but Mr Falcone is retired so can no longer accept cases.
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