Work comp permanent restrictions and as disability
Good morning Terry I will keep this as brief as I can I fell on a job. I had rotator cuff repair off of work for a year went back to work 6 months mri noticed another tear. 2 Orthopedic surgeons recommended not to have the surgery. It would only be a patch muscle strength and mobility will not increase. Possible making it worse and getting an infection. So Workmans comp put me on community service for seven months. Never lost a day they wanted me to fail I did not. The next thing was to have me fail again doing minimal amount jobs, which could be anything and a difference would be paid by Workmen’s Comp. So I’m a union electrician 43 years (63) I like to work to 65. I’m not able to with my restrictions and my shoulder tear, I was hurt doing electrical work that’s all I know. My attorney, and I settled with money, set aside MSA for future surgery along with recovery if needed. I’m not able to do full duty at my job. I would like to apply for Social security disability. Your opinion, do I have a case before I start the process hiring a lawyer. I listen to you when you’re on Lisa Dent and John Williams on WGN. I have great respect for you and your knowledge. Can you give me any advice please? I was recommended talking to Jeffery Rabin. I would greatly appreciate your opinion. Thank you
Terry Says
Well, it’s certainly worth applying for SSDI — although it typically takes two years to get a hearing. But you would be entitled, if it is granted, to benefits until you reach your full retirement age of 67. So it’s worth a try, given your extensive record of trying to work and medical issues. . And yes, you should use an experienced lawyer. I don’t have one to recommend.
But you also need to make sure that your “settlement” did not preclude an application for SSDI benefits, or that the Workman’s Comp settlement did not preclude SSDI. You’ll need an attorney to go over those possibilities.