Disability claim

[Brian41]

I have a messed up back. I had surgery last year and did well and went back to work in November. I was working in Febuary when I lifted a shop vac and felt something snap and went to the clinic as I could hardly walk. They gave me pain meds and kept me off work a month and claimed it pre-existing condition and released me to my family doctor. He ordered ex-rays and an MRI which show two buldged discs and other damage. I went back to the surgeon yesterday and he has ordered physical therapy and spinal injections prior to another surgery which he gives 80-85% success. He agrees to sign off on any disability claims and recommends I don't go back to work ever in my somewhat physical job. He also feels my problem now is related to what happened at work and wasn't pre-existing.
My question is since I have no experience in these matters should I file a claim with social security or hire a lawyer and file a workman comp claim or do both?
I'm on short term disability from work and receive 70% of my base salary but that will run out this summer and will need to fall back on savings.
I know there is a broad base of knowledge here and maybe others have been through similar circumstances. I'd appreciate any input and thanks in advance.

 

[gdnagle]

First are you federal employed or private sector. Feds have different regulations. WC will pay 70% tax free while you are off work as long as you are unable to return to you job. Keep in mind your work may try to bring you back to work doing light duty like answering telephones, this is so they can claim you are able to work keep in mind do what your lawyer tells you. You will no doubt need to talk to a lawyer as there is already a discrepancy in what work and doctor are saying. Make sure you document everything you did, what you are doing, and what you employer tells you and what your doctor tells you in righting. You can get all kinds of information here and there but the only one that counts is what a lawyer tells you. First consultation is usually free. It seem that you will need to go off on disability so make sure you document everything like I said before.

 

[sgt.207]

I practice that type of law in NY. I would advise you to speak to a local attorney who does both, SSD and WC.

 

[Brian41]

Thanks, I work in the private sector for a super store chain, Meijers, as a refrigeration mechanic which is rather physical. It is possible they could find less physical work for me as they did for another mechanic hurt on the job in the past. Frankly I wouldn't mind doing that as well.
My lawyer doesn't do this kind of work but would be willing to recommend one that does and I plan on doing that next week. I've held off until now and seeing my surgeon yesterday.
I've kept good records since my accident at work and will continue to do so. I'm keeping a log and also every document I receive everywhere.

 

[jdh]

Lawyer. Be prepared for a long up hill battle.

 

[old bear]

Brian, I don't have any advise for you. I do though wish you the best, as I know from personal Experience how painful a back injury cab be. Take care of yourself.

 

[Rule3]

If it happened at work and you are not an independent contract by all means file for Workers Comp.

As for SSDA that is whole long drawn out process. Even for people that have more severe disabilities like a loss of limb. You will need to exhaust you WC first then get a Lawyer and get denied a few times before you have a chance. They will try alternative job re training, Also based on your age , work experience, education etc.

Good Luck and hope your back get better.

 

[BJoe]

As others have said get a lawyer BUT one that operates on Contingency ( he don't get paid unless you do.)

 

[ladder13]

Document, document, document. Best wishes to you.

 

[ladder13]

I practice that type of law in NY. I would advise you to speak to a local attorney who does both, SSD and WC.

I didn't see Chris' post. Take his advice, he does this for a living.

Be advised, they(employer) WILL send you to a so-called IME, independent medical exam. It's anything but, these docs are hired guns for the employers and their insurance companies. Document, document, document. To repeat, the IME doctors are NOT your friend, though they'll play that game.

 

[WuzzFuzz]

What ever you do...Don't go out water skiing, or cut down trees, or go and play baseball with the boys.....

Yes, your employer is going to try and put you on light duty....No..
SSD will try to say you are able to do some sort of "Gainful" employment.....No.......

You can't sit, for any length of time...You can't stand for any length of time. So a desk job is out...any job requiring you to be on your feet is out...Part time...nope there too...


Been there, done that...got T shirts to prove it.



WuzzFuzz

 

[WuzzFuzz]

I didn't see Chris' post. Take his advice, he does this for a living.

Be advised, they(employer) WILL send you to a so-called IME, independent medical exam. It's anything but, these docs are hired guns for the employers and their insurance companies. Document, document, document. To repeat, the IME doctors are NOT your friend, though they'll play that game.

Absolutely correct.......If you are sent to one, and HAVE to take one of their exams, take some one with you....You're allowed..It's not top secret....

One tried to screw over me when I applied, when the Dr, inquired as to how much I was making, or stood to make....It was none of his business....he was supposed to make a decision on my medical condition, not on how much I made....


WuzzFuzz

 

[SW_shooter]

I just got labeled as disabled by SSDI, I applied in late November last year. In January they sent me to their doctor (IME like someone else mentioned). In March I received a call that my disability had been approved and I would be getting back pay as well as a monthly check going forward. I did it on my own without an lawyer. You can file online very easily but have ALL your doctors names, numbers, tests, medicines and so forth at your side so you can fill it out completely.

Now I didn't have a WC issue, mine was a back injury that occurred in 1997 originally. Had surgery in 1997 and again in 2007 when I reinjured the same spot in my lower back. After the second surgery I began to slowly lose function and strength in my left leg. As of June 2012 I was using a cane to walk but should have been using a walker. I fell and broke my left leg as I was walking and the leg just gave out. I had to be persuaded by doctors and the Mrs to file SSDI.

SSDI used the date of June as my injury and when they approved me they have a rule which says the first 5 months you are NOT eligible for benefits (waiting period or some such). So my back pay was for 3 months (Nov, Dec, Jan). I had read the thing about 70% of people get denied blah blah blah. That's why I was unsure about filing, also I figured I could do "some" kind of work. Well the criteria is can you do the work you "Used" to do or were trained to do? I am unable to do any of that and thus I was approved.

Be aware, any of the lawyers that assist you (and they are good at helping file and win) will get around 20% of any back pay they win for you. So you have to decide whether you want to try alone or not. I had decided I would file initially on my own and if denied I would then hire an attorney that specialized in SSDI cases.

In the end I am glad I filed as I have been unable to land ANY kind of work due to my having to use a walker to get around. I know employers don't discriminate (ha ha ha) but it sure is funny how I can't even get a phone job.

Like the others I would suggest you check with a lawyer for the WC to see how that needs to be handled first. But do go for the SSDI when you can. I didn't think I'd be approved on the first try, but I was. Oh ya, when you go to the IME doc, do not show how "good" you can function. Show how hurt and damaged you are. Be honest but have someone drive you cuz you surely have some limitations. ................I'm just say'n

 

[sgt.207]

Like everything in life - you can try it by yourself. Just be aware that the System, in both forums, is stacked against the injured worker and they will use all legal avenues to deny, or limit, benefits. I see it everyday. Also, most of these types of benefits do not require the injured worker to pay legal fees out of pocket, and the legal fees are usually set by statute. PM me if you have any questions.

 

[snubbyfan]

I'm with the others in saying to get a contingency Lawyer. There are too many variables for you to try to go it on your own.
In my case they couldn't find a "light duty" job for me to do since my peripheral neuropathy makes it difficult to move my hands and feet. When I applied for disability, I didn't know at the time that peripheral neuropathy was automatically covered and I just had to stick out the six month waiting period. They never told us and we stressed about it for the six month waiting period. Calling, checking and sending more unneeded paperwork. But since we did it ourselves, we didn't have to pay a lawyer.
Fortunately I listened to my wife and got both short term and long term disability and we lived off of that until the federal disability kicked in.

 

[Rule3]

Lawyers for for helping you get SSA get a set fee established by SSA. You stand little to no chance trying it on your own,

 

[timn8er]

When I had my "situation", I was extremely lucky in that my Dad came up from Texas to get me back on my feet & also to get the whole SSD claim started for me. When everyone says "Details, details", take it to heart! By the time he was finished, Dad had several legal pads full of records. Conversations with agents, my former employer, the Social Services Department...you name it, he had it. It was invaluable when it came time to fill out paperwork & finally submit the claim. We did not hire a lawyer, because we figured that if the claim wasn't granted, we could refile & then bring in a lawyer. I saw those ads on late night TV too. You know the ones that scream "Ninety nine per cent of people who apply for SSD benefits are denied!!". Luckily I didn't need one, as my claim was approved. Best of luck to you whichever way you go!

 

[Marshwheeling]

Both comp and social security lawyers are paid a fee out of your award. In both cases it is set by law. By all means use a specialist attorney, or possibly two, as many specialize in one but not the other. Call them sooner rather than later, and follow their advice on record keeping, how to conduct yourself, what to say and not say at the adverse exam, etc.

 

[rwsmith]

I was dragged

Lawyer. Be prepared for a long up hill battle.

To get workman's comp... 1 year. To get Social Security... 2 years. To collect on the Long Term Disability I had paid for 25 years.... settled in 5 years. If I had gone to court... another 3 years. And that is WITH lawyers. The system is set up so you HAVE to have lawyers and the legal process is slower than molasses.

I went through hell all that time and just about went crazy. I don't mean THINKING that you are going crazy, either.

 

[Brian41]

Thanks for all the good suggestions and will be seeing a lawyer soon. Mine doesn't handle such cases but I expect he'll give me a referal to a good one.
I appreciate the prayers too. My back and leg are better this week and will start physical therapy and get injections for it too. I'm going to a pain management doctor too and that should help.
I've pretty much given up hope I can go back to my job now and that hurts as I've always been able to provide for my family until this. I just turned 60 and had hoped to work a few more years before retiring but everything has changed now. We'll manage but having a mortage and truck payment still are concerns too.