I have an enlarged heart unwanted weight loss shaking that affects fine motor skills constant exhaustion irribility that affects my attitude and has cost me my job I have become very depressed I no longer can stand for eight hours or even more than forty minutes without having to sit and rest I have lost muscle tone and have weakend considerably. I am less than half the person I used to be.I am effected physically and mentaly
This posting would probably have a better chance of being answered correctly on a different forum. Unless your job duties worsened (aggravated) your Graves disease, this would not be a workers' compensation matter. You should seek the advice of an experience SSD attorney. Unfortunately, my firm limits its practice to helping injured workers in PA workers' compensation cases, so we would be unable to help you in this matter. Good luck.
Glenn C. Neiman
Brilliant & Neiman LLC
Please consult a Social Security attorney. This is NOT a WC question.
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Social Security Lawyers
As I indicated in the other post:
IF you satisfy the definition of disability, then, yes, you can collect. It sounds as though you are still working, however, and that would be an issue depending on how many hours you are working and how much money you make in a month (before taxes).
You have to prove that you have a condition or conditions that have kept you from working or will keep you from working for 12 consecutive months. You have to establish that there is no job in the entire Country that you can do on a regular and sustained basis, which means 8 hours a day, 5 days a week, 40 hours a week.
Your age is also a factor, as well as the type of work that you have done in the past 15 years.
I would suggest speaking to a local social security attorney about your exact situation and seeking assistance from the initial application.
The process can take anywhere from 4 months to 18 months or longer.
Seek an attorney.
Contact a SS lawyer in your area. There is not enough information here to advise you of your chances. Most SS lawyers will only charge you if you win, so there is not reason not to pick up the phone and call.
This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship. The answering attorney is licensed in Pennsylvania and all answers are given pursuant to Pennsylvania law, unless otherwise indicated.
I am sorry to hear of your difficulties. I agree with the others, this is not really a Workers Compensation question. You should contact a SSD attorney. Also, if you have a private disability plan, you could investigate your options through that plan.
Employment / Labor Attorney
Very sorry to hear about your problem.
You need to have a work-related injury to receive workers compensation benefits. Unless you (or your doctor) can show "causation" then you probably won't be entitled to workers comp. That means you need to prove that your job caused the Graves Disease. You should ask your doctor what s/he thinks may have caused your disease. I know in certain industries that there are disease that are common in the industry. But that is an important discussion that you should have with your doctor. If your doctor can't give you a clear answer about what caused the disease get a second opinion. You will need a doctor to testify for you at a deposition that your job, or something at your job, caused the disease. Pennsylvania has both a workers compensation statute and an occupational disease statute but you need to show under both statutes that the disease was caused by your job, or something you were exposed to at work.
I recall seeing something on the internet about silica causing autoimmune disorders, but you really need to talk with your doctor about this issue.
And you should talk to an attorney about social security disability or SSI benefits. You don't need to prove that the disease is work-related to get social security benefits. But you do need to prove that you are unable to do any work (social security call this substantial gainful employment).
It is bets to get the social security ball rolling right away because it takes a long time to get those benefits.
This is not to be considered legal advice and we have no attorney/client relationship.