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Tag Archives for workers compensation and social security disability

Solving the Social Security Disability “Workers’ Compensation Problem”

If you have an active workers’ compensation case you most likely will find it difficult or impossible to find a Social Security disability lawyer to take your case. In this article I want to explain why this is and what you can do about it.

As you know workers’ compensation comes into play if you are hurt on the job performing an activity related to your job. Every state has its own workers’ compensation law and there is even a federal workers’ compensation system for federal employees. The common feature of all workers’ compensation laws is that you do not have to prove fault.

If you are hurt on the job, workers’ compensation is supposed to kick in automatically. If you are hurt and cannot work, workers’ compensation will (or is supposed to) provide you with employer paid medical treatment and weekly lost wage payments as long as you are unable to work.

If you have been involved in a workers’ compensation case you know that the insurance companies or agencies that oversee medical treatment and lost wage payments often do not act in good faith and many times you will have to fight to recover your benefits.

For purposes of this article, let’s assume that you were hurt on the job and that you are receiving “temporary total disability” financial payments for your missed wages. Let’s also assume that your injury is serious enough to qualify you for Social Security disability – not only can you not return to your job but your injury would prevent you from performing any job.

Does the law permit you to collect from both your state’s workers’ compensation system and Social Security disability?

Unfortunately, the answer to this question is “no.” Continue reading →

Should I File for Social Security if I Also Have a Pending Workers’ Comp and LTD Claim

Social Security disability cases often interface with workers’ compensation and short term or long term disability cases.  I recently received a question from a lady named Helena, who asks the following:

I have been working in the medical field for over 13 years and more.  I am on short term disability. Can I apply for ssi due to my job may have caused my problem from lifting patients, pushing, pulling heavy patients to machines and other duties.  This job was very stressful and I am taking anti depressants and I am  seeing a psychiatrist.

Here are my thoughts: Helena certainly has the right to file for Social Security disability.  However, I would advise her to speak to her workers’  compensation lawyer prior to doing so.   Workers’ compensation claims can involve a significant amount of money when they settle and filing for disability can impact the value of your workers’ compensation claim.

The value of a workers’ compensation claim often turns on the uncertainty that exists in terms of the claimant’s prognosis for returning to work as well as uncertainty about the claimant’s future medical treatment.  When you file a Social Security claim you are basically saying that you cannot work, and you will be bringing Medicare into the discussion in terms of future medical care.  Medicare’s involvement also may affect your settlement because Medicare may demand that part of your settlement be set-aside to cover future medical care.

Long term and short term disability claims may also be impacted by a Social Security claim.

Bottom line – I would try to involve your lawyer as a point person to advise you about the various benefits to which you may be entitled and to help you decide about the timing or wisdom of pursuing these benefits.

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