Social Security Disability or Work Comp - do i have any kind of case - shouldn't doctors have found this out sooner?

Asked over 2 years ago - Roseau, MN

hurt back on job - work comp claim - partial disability payment 10% - constant back pain for 20 years - after a couple years they denied paying saying it isn't work related after being sent to their doctors...also work got its own work comp = so i am sure they were trying to close old accts me my back pain has been from that first injury. medical reports - si instabilty, hypermobility, chronic low back/neck pain, depression, fibromyalgia, just had an mri - osteoarthritis, anterolisthesis not sure of the grade(spondylolisthesis), stenosis (severe something), fatigue, plus a few other things. Neurosurgeon appt. scheduled this week - what should i do ... file for social security disability or can a person reopen and old work comp claim? i'm worried of not working and no $

Additional information

Is there a maximum disability rating if a old claim was re-opened? And who would determine this ... the old work comp?

Can you get ss disability with the diagnois of fibromyalgia, spondylolistheis, stenois, depression? Hesitant to quit work without knowing if i have a chance. Hurt every where every day - home or at work.

Attorney answers (3)

  1. Clifford Michael Farrell

    Contributor Level 19


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . Good advice fom Mr. Wayson. But - do not delay. Depending on how long it has been since you had any involvement with workers comp, that case may be closed. And, with Social Security (assuming you are not currently employed and will be off work for 12 months) - file right away. The date of application for SS benefits decides when you can get paid (the month after applying for SSIS, one year before date of application for SSDI). So, time is very important.

    Good luck to you.

    The exact answers to questions like this require more information than presented. The answer(s) provided should... more
  2. Brian S Wayson

    Contributor Level 19


    Lawyers agree

    Answered . You should do both. File for SSD and consult with a WC attorney about the possibility of reopening your WC case. The two paths are not mutually exclusive.

    Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice,... more
  3. Gerald Gregory Lutkenhaus


    Contributor Level 18

    Answered . I would only add to the above excellent answers that if your WC accident was 20 years ago and if your 10% rating was 20 years ago the time periods may have expired on any more claims for compensation for this injury. For medical care you would have to have a doctor relate your current medical needs to that I jury 20 years ago. I base this opinion on doing WC law in Virginia for 38 years.

    This response is meant to be information only and should not be considered to be legal advice. This information is... more

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