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?

Asked almost 3 years ago - 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. Brian Marc Mittman

    Pro

    Contributor Level 13

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    Lawyers agree

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    Answered . 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. Jerry Anthony Gambino

    Contributor Level 8

    2

    Lawyers agree

    Answered . 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.

  3. Troy Gordon Rosasco

    Contributor Level 7

    2

    Lawyers agree

    Answered . 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!

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  4. Leonard Bernard Feld

    Contributor Level 13

    2

    Lawyers agree

    Answered . Dear Madam or SIr in Niagara Falls,

    You didn't say, but we assume you received a settlement under ยง32 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

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

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

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