Can i apply for social security disability after i get a settlement from workman's comp?
Both doctor and therapist agree therapy will no longer help improve my hand. I Have a 40to50% loss of use in my left hand. I AM left handed. I also have a lawsuit against the other driver. I Just want to know what I can or can't do.
4 attorney answers
You can apply for SSD after settlement of your WC case, but your settlement can effect your SSD rights. You really should discuss this with your attorney before doing anything.
Mr. Paluti and Mr. Huber have given you sound advice. You should work with a lawyer or firm that can handle all three cases. The order each case is resolved matters in maximizing your total recovery. For example, if SSD is awarded but offset (reduced) by WC, and then you pay WC back from your lawsuit, the offset can be retroactively eliminated and SSA will reimburse you for the reduced benefits. But your lawyer needs to know that and make that request of SSA.
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.
If you have a Workers compensation attorney, you should direct your questions to him or her, as your attorney would be in the best position to answer your questions.
For SSD purposes, all medical problems you may have may be taken into account to determine if you qualify for benefits (ex. -diabetes, HBP, Asthma, etc.) in addition to your hand. Factors such as your age, education and past relevant work are also considered. SSD rules make iota progressively easier to qualify for benefits at age 50, 55, and 60..
If you are at least 50 years old, can only lift 10 pounds or less and have no transferable skills to do management work, you have a good chance to win your SSD case. There is some subjectivity to the SSD determination, so the person reviewing your case at the field level matters. If you are denied, you should hire an experienced SSD attorney to represent you and to help you win your case.
You have 3 cases here from what I gather:
Your w.Comp. Case, your MVA case and the SSD case. Having an experienced attorney
Who understands the effect each case has on the other is important for you to maximize your recovery in each case.
Settling your w. Comp. case for a lump sum
Will result in an offset against your future SSD benefits. The w. Comp. lien is a double edged sword. It increases the value of your third party case, but will result in a higher lien against your recovery/settlement in the third party case.
There are many factors to consider. More than can be discussed here.
You may apply for Social Security Disability Insurance ( SSDI ) at any time. Depending upon the timing of an actual granting of your application for SSDI, there will be many factors to consider which are too numerous to discuss in this post. Those factors will require sound legal advise. Therefore, it is strongly suggested that you contact an experienced Pa. Board Certified Workers’ Compensation Attorney as well as an attorney that specializes in SSDI. Most attorneys practicing in these areas of law provide free initial consultations. You are well advised to seek counsel in these areas.