For you to get worker’s comp. these symptoms must stem from a work –related accident or incident. You said that you have not had a job so worker’s comp. seems to be out for you. As far as getting social security disability, you would need a doctor to state that your psychological conditions inhibit your ability to work, and then give you permanent restrictions. If these conditions are temporary, then you may be eligible for a closed period of SSD.
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.
In any social security disability case medical treatment is very important. It does not matter how disabled you are if you do not have medical records to back up your allegations. While it is impossible to tell you if you will get disability, generally the more documented medical problems you have, the better your chances. There are also several other important factors which have a bearing on the success of your case. Your age, your past work experience, and your education. Another, unfortunate fact is that if your case goes to a hearing, depending upon the judge you get, your chances of success can range anywhere from 30% - 95%. That is why it is very important to have an attorney represent you. They will know the Judges and will present your case in a way that gives you the best chance in front of that particular Judge. I always tell my clients, if I take your case I can't guarantee you a win, but if you don't apply, I can guarantee you won't get any benefits.
Actual legal advice can only be provided by an attorney licensed in your jurisdiction, with experience in the area of law regarding your question. The information provided is for informational purposes only and is not legal advice.
SSI is available if you cannot work, but the diagnoses have to be both clear and severe. You will surely be denied the first time, and should probably have an Attorney assist you in preparing the medical documentation. That is still no guarantee that you will be awarded benefits, but you want to make your best effort on the first attack. WC will not be of any assistance unless your problem was caused by some work activity; it appears that it was not.
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The facts in your question suggest you are not eligible for workers' compensation. You may be eligible for SSI but more information is needed about your financial information. Since SSI pays fromt the month after you apply only, I suggest you contact SSA immediately and file a claim.
If you are denied or have more questions, feel free to call my office. Otherwise, you may want to talk to an attorney in your area so you can review the specific facts with counsel. You may contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. Most attorneys who do any amount of Social Security work are members of NOSSCR and provide a free initial consultation. In any event, no attorney may charge a fee for work on a social security claim until it has been approved by Social Security. The fee limit is a maximum of 25% of past due or back due benefits you are owed, and many lawyers charge less than the full 25%, and the money is not paid until your claim has been approved.
The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.
In addition, you can find a Board certified specialist in Social Security by contacting the National Board of Trial Advocacy. They evaluate lawyers (independently) in many types of claims and require extensive experience and testing before a lawyer is certified. They have a section specifically for Social Security: The National Board of Social Security Disability Advocacy, Divisions of the National Board of Legal Specialty Certification.
Their link is: http://www.nblsc.us/
You may also contact NADR (National Association of Disability Representatives) www.nadr.org – automated Telephone Referral System at 1-800-747-6131
I hope this information helps. Good luck to you!
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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.