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After receiving a WC settlement and being 66% disabled am I able to apply for SSD if I can not find a job that I am able to do?

Niagara Falls, NY |

After receiving a WC settlement and being 66% disabled am I able to apply for SSD if I can not find a job that I am able to do?

Attorney Answers 5


  1. Hello Niagra Falls -SSD and workers compensation are two completely separate programs. Therefore you do not have to wait to settle one to do the other. SSD is base on work history, being unable to work for at least a year and other facts where Worker Compensation is based in a specific work injury.


  2. You are discussing two separate issues, however, you should call a disability lawyer to discuss.

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  3. Yes. And remember the SSD is a benefit based on all conditions that may disable you from work--not just the Workers Comp injury. So if you have other conditions that contribute to your disability, you need to list those on the SSD application.


  4. Absolutely. Many of my clients who have been found "partially disabled" (anything less that 100%) by the New York Workers' Compensation Board have also won Social Security Disabilit benefits. It will depend on your disability, age, education and past work history. Good luck!

    Any answers to Avvo questions are for general public legal information and do not establish an attorney/client relationship with Troy Rosasco or his law firm. Individuals should always consult their own attorney on the specifics of their individual legal issues.


  5. Dear Madam or SIr in Niagara Falls,

    You didn't say, but we assume you received a settlement under §32 of the Workers' Compensation Law.

    If you have worked for forty quarters over your lifetime, (10 years) in jobs where Social Security payments were made, then yes you can apply for Social Security Disability (SSDB). It is curious that you never applied before, since we also assume you have been "out of work" for 2+ years.

    Note, the Social Security Administration is not going to rubber stamp the decision at the Workers' Compensation Board; they have their own guidelines. You should use an attorney to help you with this filing.

    If your Workers Compensation included a "Set Aside", you already know that you have to pay for treatment for the injuries sustained on the job out of that fund first.

    Good Luck

    Leonard Feld

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