Workers comp / lni ppd or pension question

Asked 11 months ago - Tacoma, WA

i'm 25 years old man
i got injured my low back in 2009 so i had 2 times of surgeries
I closed my LNI claim in 2011 and i got category lvl 4
but my pain got increased so i went back to my neurologist
my dr. said looks like I'm more than lvl 4. which is lvl 5

here is my questions.

1. if i reopen my L&I case again. do i still get monthly check benefits?
2. can i get pension instead of category level 5?
3. how can you get pension?
4. whats the different between having attorney and no attorney?
5. i applied SSDI benefits. if they approved me.. can i still get SSDI benefits & LNI benefits?
6.if i get approved from SSDI then i will get $850 and i usually get about $900 from LNI in 2011
how much is going to be reduce? what % will i get from both?

please help me and i will contact you
tha

Attorney answers (3)

  1. Grady Martin

    Pro

    Contributor Level 10

    5

    Lawyers agree

    Answered . You may or may not be able to reopen your claim. You should see a doctor and fill out the appropriate form to try to reopen it. Your doctor will need to indicate how your condition has worsened since your claim was closed. You may need an attorney to fight to get it reopened. If and when your claim is reopened, you then may be entitled to one or more of the following benefits: 1) medical treatment, 2) timeloss or loss of earning power benefits, 3) an award for increased permanent impairment (PPD), 4) vocational retraining, or 5) a permanent disability pension. Which of these you would be entitled to is complicated and depends on lots of specific medical information that is not yet available and legal analysis that has not yet occurred. You are much more likely to get what you are entitled to if you have an attorney, especially with a complicated case. You can get SSD and workers compensation but the two benefits systems interact with one another in complicated ways. To actually do the offset calculation you are asking about, an attorney would need more information than you have provided here.

    You should see a doctor and file an application to reopen your claim and then call an attorney to discuss it. An attorney will ask you lots of questions and probably review your claim file. He or she will then be able to give you more complete answers than you will get here. This type of consultation and claim review should be done free of charge. Good luck to you.

  2. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . The biggest difference in having an attorney is KNOWING your options. SSDI at 25, with a back injury is all but impossible. You cannot be eligible unless your doctor states you are not capable of ANY work, including sedentary (sitting, only) work, for at least 52 consecutive weeks.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful"... more
  3. Gerald Gregory Lutkenhaus

    Contributor Level 18

    4

    Lawyers agree

    Answered . I agree that SSDI for a low back injury at age 25 is not going to be easy. In the age category under age 49 Social Security requires you to rule out all jobs that exist in the national economy. If you can checks ID's then you are not disabled. I have been handling SS disability cases for 35 years and very rarely do you see this type of case approved.

    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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