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Hurt shoulder at work, surgery. I do heavy work only, uneducated, 61.what if I think I will not be able to do my job. Lawyer now
Anonymous8 views7 answers
2 muscles disconnected, one torn and surgery is to be done next week. The other shoulder has past injury from job also, never have gotten full range of motion back. I do not think I will be able to climb ladders with tools any longer after these injuries at 61 years old. Should I wait to get a lawyer till after recovery period of aprox. 6 months after surgery to see where I stand to apply for ssd or should I attain a lawyer now to prepare for a situation I expect?
Retain a work comp lawyer now. Most work on contingent fee basis and they will be with you for possibly years.
Social security will require doctor to provide opinion that it's not expected that you will be able to work for 12 months. It's too early to determine if that applies to you. For social security once your work comp lawyer suggests that you apply you might get approved and not need a lawyer. If SSA denies you then retain legal counsel. Usually contingent fee of 25% only of the back benefits you would have been entitled to.
At your age you need a comp lawyer now. Good luck.
I agree with the other attorneys about work comp. Also, grid rules related to social security disability claimants say if you are 55 or older and can't do your past work, a light restriction can result in benefits being awarded. A good attorney in your area who understands your states work comp statute and the SSD laws should be able to advise you regarding both claims and about any offset that may apply if you get both WC and SSD.
You should file a workers' compensation claim. Your attorney will fight to get you paid while you are out of work. If you are out of work 6 months and your doctor believes you will be out indefinitely then you should apply for social security disability. Most applicants are denied at the initial application level and will need an attorney to appeal the decision.
Please note that you have 30 days to report the accident to your employer and 2 years to file for workers' compensation benefits. The workers' compensation insurance will pay all your medical expenses including your lost time.
Marcia W. MargoliusSocial Security LawyersCleveland, OH ·
You said you are receiving WC without a problem, so you should consult with a Social Security attorney. Speak with your doctor and if you both think you are going to be off work for 12 months, you should go ahead and apply. Waiting can only cause more financial strain.
Back to the WC issue, you may want to consult with an attorney just to see if you are missing out on any benefits such as medication reimbursement, etc.
To answer your first question, NO, you should retain a worker's compensation lawyer now and also a Social Security Disability attorney now. Often, an attorney who handles WC will also handle SSD. Often, it takes over a year to get an answer back on an SSD claim, especially if it goes before an Administrative Law Judge.
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