Puzzled over Workers' Comp and when to file for SSDI
 

Hey, Everyone.

This is my deal: The Workers' Comp Commissioner recently awarded me Permanent Total Disability with the maximum 500 weeks...AND Lifetime Open Medical Benefits! My lawyer said that the defense would more than likely appeal, but not to worry. OK..So I wait and see what happens with that.

Now...what I'm concerned about is this: a few months before my WC Hearing I emailed my lawyer and mentioned that I wanted to file for SSDI. The answer I received back via email was, "It will cost you THOUSANDS of dollars and the Insurance Carrier will not settle with you as Medicare will place a lien on your file. In essence, you will be SCREWED if you file for SSDI before your WC case is over. You will file for SSDI AFTER you're settled with Workers' Comp, then we will work on the SSDI". How will I lose thousands if I file for SSDI before the WC is settled?

What is everyone's take on this? 0f course, I have more questions, but later on.

Thanks for your time and thoughts!

Wink
South Carolina

Have you considered calling local SSDI attorneys who have some experience in both fields (SSDI and workers comp) for a free consultation? that's what I did in California when I had some SSDI/workers comp crossover questions. ( I had asked my worker's comp attorney first, but he'd said it was out of his field of expertise.)

Most people didn't want to talk to me once they found out I was represented, but some did. I was able to ask a few questions first, and got some very helpful information that way.

(For what it's worth, my WC attorney advised me to apply for SSDI benefits as soon as possible, but I'm guessing that's something that varies tremendously from state to state, and case to case...)

Best of luck.

If you get SSDI before the wc claim goes to court you will have to pay SS back out of the monies you get from WC. But in my State (Oregon) you have to be disabled for 1 whole year before you can get SSD. So my SSD was just yesterday denied. So I got appeal papers. i will appeal their decision of denial. It will take another 90 10 120 days for them to make a decision on the appeal. which will take me out to the year required by SSD. Right now I am getting long term disability from my work. They want money if the Wc goes through. Which my hearing is July 11th 2007. Unless they postpone again. I will have to take all the money paid to me from long term from my WC claim if it goes through. Seems like a pretty vicious cycle. But everyone wants their money back. It comes down to its really WC being to blame. I personally had no idea it was this bad. When I got hurt I was so scared that I began having chest pains. now I am on nitro.

i live in south carolina and My lawyer told me that i should apply for ssdi so i did he said that i might have to wait like 3 years before i even get ss and its been 2 years and still waiting,so im glad that i applied hope you have better luck in getting yours faster