Disability/Workers Comp. - Disabilities Message Board

Vicky67 · 07-05-2009, 12:34 PM

I was approved for ssd in Apr. 08 and on Workers Comp. My doc says I can't work and comp IME doc says I'm partially disabled. So I have a hearing coming up for that. My thing is what are you suppose to do in situations like this it just makes me so mad these people think you want to sit home and take meds all day to try to feel half way pain free. If I could go back to work today I would. I'm going to my Ortho doc next week to see what he says which is always there is nothing that I can do for you. Comp wants to reduce my finances now that they know I'm on disability I guess I wish I could close my comp case, but with the ongoing medical that I need I don't see it in the near future. Has anyone ever been in similar circumstances.

Remmers · 07-05-2009, 01:00 PM

I know every state has there own comp laws, but I was told By my comp atty that social security dis, does not effect your w/c. If you can get on medicare and take a settlement with w/c that would release you from under there control.

Good luck

Rich

mscat40 · 07-05-2009, 02:21 PM

Quote:

Originally Posted by Vicky67

I was approved for ssd in Apr. 08 and on Workers Comp. My doc says I can't work and comp IME doc says I'm partially disabled. So I have a hearing coming up for that. My thing is what are you suppose to do in situations like this it just makes me so mad these people think you want to sit home and take meds all day to try to feel half way pain free. If I could go back to work today I would. I'm going to my Ortho doc next week to see what he says which is always there is nothing that I can do for you. Comp wants to reduce my finances now that they know I'm on disability I guess I wish I could close my comp case, but with the ongoing medical that I need I don't see it in the near future. Has anyone ever been in similar circumstances.

As long as you have your Dr's agree with you that your are fully disabled , and can't work. however Social Security foloows their own rules regarding disability and it has to be severe enough to meet their guidelines. If they find you not disabled enough to meet their guidelines and you lose you works comp/disability too, then it will be very difficult for you in the future.

SpineAZ · 07-05-2009, 10:04 PM

Social Security, WC and LTD (Long Term Disability - if you have it through your employer) work in conjunction with each other in terms of amounts paid. If you get SSDI or LTD approved it is common for WC to decrease. The idea is that while out of work for disability you should not be making too much money. You should be making a portion of your income but often all sources (SSDI, LTD and WC) all combined can not exceed 60-100% of your pre-disability income. It depends on your LTD contract, SSDI rules, etc. So any decrease in amount of benefits shoudl be fully explained to you in a letter.

And yes, it is understandable that you'll have to continue to work with WC as they'll be paying medical costs. Sometimes, as the case moves along, they may offer you a settlement amount. Be sure to get an attorney before considering any kind of WC settlement.