If your SSI is denied, will that hurt your workers comp case?
Hayward, CA |
I filed for SSI and am thinking about filing workers comp but am thinking of dropping SSI because I am worried it will affect my QMe rating.
I've been told SSI has a higher bar so I'm assuming it shouldn't have an affect but maybe I'm wrong.
The SSI denial should have no effect on your W.C. case. The standards for the two are very different. For instance, SSI is "needs" based. That is to say whether or not you qualify will depend, in part, on how much $$ you have. W.C. is not needs based....you can have a million $$ in the bank and still get W.C.
These are two very tricky fields of law and they can inter-relate. You may want to consider getting an attorney to help you with both. From the time of your SSI denial, you have only 60 days to ask for reconsideration. Don't blow the time limit.
Find a good W.C./SSA attorney here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys here in CA who represent injured workers. Or you can call me for a referral.
Worker’s comp. and SSI are 2 are two different systems, so a denial in one should have no adverse consequences in the other.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
It should have no bearing on the final outcome of your Compensation claim. Social Security and Workers Compensation have different standards to qualify. SSI is needs based and SSD is disability based. You can still be disabled for workers compensation but not be Totally disabled for purposes of SSD. If you do qualify for SSD it is just one additional factor to consider when trying to resolve your state Worker’s Compensation claim. You are best advised to consult a local attorney to help you through the process.
First, I agree with Attorney Brett Borah. In addition, I can answer that I’m not exactly sure how dependent it is upon the validity or invalidity of your claim, but it’s not unusual for the SSI to deny the original application for a permanent disability rating. Even with obvious catastrophic injuries, it’s not unusual for them to force you to go to an appeal of the original ruling. If you lay out the facts to a very qualified SSI attorney, you can obtain a pretty accurate prediction of what your outcome will be with SSI in regard to your appeal.
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A denial of your claim for SSI benefits will not hurt your workers' compensation case. You should speak with an experienced SSI attorney before dropping that case.
As for the "QME Rating" that you mentioned in the body of your question, the SSI denial itself will not affect the Whole Person Impairment rating assigned by your QME. That said, if the SSI denial was based on medical evidence that will also be reviewed by your QME, the medical evidence, not the SSI denial, will affect the rating (and your case). Therefore, I would recommend that you contact a workers' compensation attorney as well.
Keep in mind, the Workers' Compensation Appeals Board has Information and Assistance officers available to assist you with legal questions regarding your claim for free. if you are interested in speaking to an "I&A Officer," check out the attached link.