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

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 ...anyway...to 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 $

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.

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Attorney answers 3

Posted

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 be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

Asker

Posted

Diagnois fibromyalgia, grade 1 spondylolishesis, Depresssion - hurt all the time - 20 plus years with pain - i also think whatever else i have is affecting my nerves - do i have enough of a diagnois to file for disability? i haven't quit work yet because i'm too scared to quit if i don' t know if i have a case?

Posted

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, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.

Asker

Posted

what do you mean mutually exclusive? If you are disabled is there more of a payment? example - 10% disability ... and with all this can a person get rated / checked again for more of a disability?

Brian S Wayson

Brian S Wayson

Posted

For SSD and SSI - there is no rating, you are either disabled or not disabled; for SSD the payment amount is the payment amount, for SSI the payment amount is based on your financial circumstances (with a federal max of $698). For WC you need to consult with a WC attorney.

Posted

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 not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.

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