Am I intitled to s.s. benefits for an on the job injury?
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Am I intitled to s.s. benefits for an on the job injury?
I hurt my knee at work on jan. 7, 2009. and have been unable to work since.an attorney is handling my workers comp claim. 3 different doctors have said that i cannot work. I have no income at all,at this time. could I be eligable for s.s. benefits?
Asked on May 5, 2009 under Personal Injury, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You don't need to be hurt on the job to receive Social Security Disability or SSI. You could have diabetes and qualify. In the eyes of the Social Security Disability and SSI programs, a person is considered disabled when:
- They have a severe impairment that has lasted, or will last, twelve months.
- They are unable to perform work (work they have done in the past) while earning in excess of $900.00 per month.
- They are unable to perform other types of work, typically work related to their past work (for example, a car mechanic might be expected to switch to motorcycle engine repair if the job duties are similar enough).
If you think that you may be eligible, go to your nearest Social Security office and discuss this with them. Remember ask about both Social Security Disability and SSI. I will warn you however qualifying is tough and be prepared for tons of paperwork and delays.
J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I am an attorney licensed in CT, not TX, but i practice WC law. I think that this is a subject for your attorney to handle. Generally, you need to have a doctor write a report that indicates that you have a certain disability and that you cannot perform regual job duties. I am disinclines to give you a lot of direction here as i do not like stepping on the toes of other lawyers. I suggest raising this issue with your lawyer and hear his/her response as they can certainly assist you with filling out the applicton for you. If you are not feeling the lawyer is paying attention to this issue, then i would say to get a secnd opinion from another lawyer. I am sorry i couldnt be as much help, but i think that you need to explore this issue with your lawyer. Good Luck!
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