Hello everyone! I have a question that I hope anyone with experience with this situation will respond. Thanks in advance.
I injured my back in the late 90's and was awarded a very small settlement.
The type of work I was doing was very physical.
In 2006 I reinjured my back on the job and was awarded another settlement 6 years ago. Since then I have not worked, at all. My back has gotten worse by the year and I have gained weight which has caused severe sleep apnea and diabetes. ( I am over 50 y.o.). Four weeks ago I applied for SSDI, two weeks ago I went for a CE ( mental exam ), and last week I spoke with my case worker for the first time on the phone. They told me I would be getting a letter in the next week. I thought it took months for them to decline/ approve a new applicant.
Questions: How will my previous settlements affect my SSDI?
The quickness of getting a response in writing, is that good or bad?

Thanks, Rick

really......not one person has had a workers comp case, and then filed for disability years later? I would have thought it to be fairly common. Oh, well.

Hello Rickinpain,

Welcome to the NeuroTalk Support Groups.

Firstly, I'm sorry you're in pain.

Also, you'll find this time of day/night is fairly quiet on the forums with most people not awake especially in the US and Canada. (except the night owls of course )

You will most likely get replies when that part of the world wakes up.

Don't give up yet. There are members here with a lot of knowledge about how the system works.

take care there...

Thank you......with my severe sleep apnea, even with a maxed out cpap machine, I can only sleep for an hour at a time. Even though life expectancy is very high on both sides of my family ( 90 to over 100 ), mine has been decreased by conservatively 10 years due to recent health problems.

It is not uncommon to receive both WC and SSDI benefits, but it is uncommon to wait so many years to apply for SSDI since you last worked.

In regards to the monthly benefit amount, here is a link that explains how Workers Comp benefits offset SSDI benefits: http://www.disabilitysecrets.com/res...s-offset-socia

"In most situations, Social Security requires that Social Security disability insurance (SSDI) benefits be reduced so that the total monthly amount that a disabled worker receives is no more than 80% of the amount she earned when she was fully employed. The process of Social Security reducing disability benefits to account for worker’s compensation is called a worker’s compensation “offset.” "

When you applied for SSDI what did you list on the application as your Alleged Onset Date? How old were you at the Alleged Onset Date? BTW, the maximum amount of time you can retain eligibility for SSDI is 5 years after you stop working--depending on your age and work history, it could have been shorter. So you last worked in 2006? It's been 8+ years since you last worked?

Even if you listed a date while you were still insured for SSDI, you have to have medical documentation that proves you qualified back then. When you add Work Comp issues in, like reports from doctors that are fighting the extent of your injury for financial reasons (defensive doctors that you saw in person and other's that you never even met!), it makes it an uphill battle to refute those claims--trying to do so years afterward might be impossible.

Generally speaking, SS only sends you to a ME if you don't have sufficient medical records, or if there is some confusion about those records. If you've been seeing doctors regularly for treatment continuously since 2006, there should be a mountain of medical records going back all 8+ years that should help document the severity of your disability--even if there are some BS WC reports thrown in as well.

BTW, when you settled your WC claim, did you also take your medical benefits in a lump sum? If so, did Medicare approve the medical set aside? (Did you have an attorney at the time? Was that issue ever brought up? Do you have a SSDI attorney now?) Did you spend the money only on medical care, or did you live off of it? Do you still retain any of it? http://www.medicare.gov/supplement-o...-payments.html

If you are denied SSDI benefits, you can of course exhaust the appeals process. At some point, you might want to consider applying for SSI, depending on your finances and assets (and those of your spouse if you're married) with a later Alleged Onset Date, but the monthly benefit is fairly modest--roughly $700 per month.

Wow! Thank you for the response. Yes my situation is VERY complex. Can I call you, and how do I leave you a PM?

Why does it take sssoooooo long between the time I post and the time it becomes readable on this site?
I put down a date 3 years ago as a disabled date, last worked 5-2008.
I do not have an attorney. I took a lump sum of 60K and that money is long gone. I have been seeing many doctors since 2006 to now. I have not had health insurance since 2012 and been on a self pay status with a pain mgt doctor. I have files 2-3 inches thick and have had 5 MRI's done since 2006. I have been to three sleep studies and diagnosed with severe sleep apnea. I went to the mental exam last week and called the case worker who said " they did NOT need any additional files for a determination and she said I would be getting a letter very soon.......does that indicate a yes or no????
I am new to this and have no idea.

Hello Rick
Your posts are moderated before appearing, and as you are posting in the overnight hours on US time, we do not always have mods on duty 24/7..... so please be patient and your posts will be approved by the first available moderator, provided they are in line with our guidelines

Generally, WC pays out a lost wage amount and a medical treatment amount.
Do you remember how much of the 60k was for medical treatment? Do you have records that you spent that much on medical treatment?

You chose 3 years ago as your Alleged Onset Date, so that is when you need medical documentation from proving disability.

When were those sleep apnea studies performed? How does sleep apnea affect your ability to work above the SGA level ($1070 per month)?

It's impossible to say if you were approved or denied.

Thank you all for your help, especially Lit Love.