Social Security Disability Los Angeles | Social Security Attorney | Social Security Benefits
Social Security Disability Los Angeles
Social Security Disability And Workers’ CompensationMany workers with serious work related injuries may qualify for Social Security Disability benefits as well as workers' compensation benefits. An injured worker can collect both workers' compensation benefits and Social Security Disability benefits. If the worker is a low income earner (below $ 15,000), social security may take a deduction for workers' compensation benefits. For most workers, this is not an issue.Under California's workers' compensation law, temporary disability benefits are limited to a period of 104 weeks from the date of the first payment of temporary disability benefits. What this means is that if you have not recovered from your work related injury after the temporary disability period and still need operations or other treatment, you will no longer get disability benefits from the workers' compensation insurance company. If your workers' compensation injury occurred after 01/01/2008, you can collect a total of 104 weeks of temporary disability within a five year period after your injury. If you have a serious work related injury and you are already off work for one year, you should seriously consider applying for Social Security Disability benefits. If you apply for Social Security Disability benefits before your workers' compensation benefits are cut off, you are more likely to receive the Social Security Disability benefits you will need to survive financially after the workers' compensation benefits are cut off after the 104 week period limit. Medical treatment is getting increasingly difficult to obtain through the workers' compensation system. There are now many delays in obtaining treatment. If workers' compensation will not provide treatment, Medicare will provide the treatment and seek reimbursement from the workers' compensation insurance company. Older workers who have been seriously injured on the job need to apply for Social Security Disability benefits more than ever before. In the past, seriously injured workers could expect to receive substantial permanent disability compensation and vocational retraining. Now, permanent disability compensation has been cut 50% to 70%. Many older workers will have their permanent disability further reduced or even eliminated because the employer can now reduce permanent disability for age related conditions such as degeneration and arthritis. The employer can take this reduction even if you never had any symptoms or medical treatment for these conditions before you were injured. No vocational retraining, the short period for receiving temporary disability, and the woefully inadequate permanent disability benefits under workers' compensation make applying for Social Security Disability more important than ever before for older injured workers. This new law is part of the insurance companies' and employers' goal of shifting more costs of work related injures onto the injured workers and their families and also onto the Social Security Disability and Medicare systems. Social Security Disability pays more money to injured workers now than all the state workers' compensation systems combined. I have a detailed understanding of the workers' compensation system. I will work with your workers' compensation attorney to get the evidence needed to prevail in your Social Security Disability claim. |
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