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Social Security/Disability NY state
02-16-2011, 10:20 AM
Post: #1
Social Security/Disability NY state
OK, let's see if I can ask this without confusing myself. I have had 10 surgeries between both hands in past 3 years or so. I worked for the city I live in (paid into the NYS retirement system). I was told by my attorney to apply for SSD or SSI (I get them confused) because of my hands & for my depression. I have been out of work since my last surgery in July 2010. The NYS retirement system only gives a person 12 months to apply for disability retirement (from date of termination, which mine was August 2010) SO, I applied for that and SSD/SSI. My question is, can a person be approved for one and not the other? My other question is: Can I refuse injection from a pain clinic w/out jeopardizing my WC case. I am so afraid of injections, I had very bad pain from cortisone injections prior to my surgeries. I have been having severe panic attacks thinking about needles and I don't even have an appointment yet, just a referral.
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02-16-2011, 12:53 PM (This post was last modified: 02-16-2011 12:54 PM by 1171.)
Post: #2
RE: Social Security/Disability NY state
generally yes. I am not familiar with the provisions of your state retirement system but Federal Social Security Disability usually has different requirements and eligibility from the state.

under work comp you still retain you ability to accept or reject treatment options. if the doctor believes there are no more viable options available, you will likely be declared to have reached maximum medical improvement and Temporary Disability benefits cease.
it's up to the doctor whether you are MMI.
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02-16-2011, 03:42 PM
Post: #3
RE: Social Security/Disability NY state
(02-16-2011 12:53 PM)1171 Wrote:  generally yes. I am not familiar with the provisions of your state retirement system but Federal Social Security Disability usually has different requirements and eligibility from the state.

under work comp you still retain you ability to accept or reject treatment options. if the doctor believes there are no more viable options available, you will likely be declared to have reached maximum medical improvement and Temporary Disability benefits cease.
it's up to the doctor whether you are MMI.

Ok, thank you for that information. I am glad I can reject treatments that I am afraid of. If I reject such treatment, then is it automatic for my doctor to have to declare me at my MMI? My surgeon determined there is nothing more they can do for me, that is why they are sending me to a pain clinic. I have done everything my surgeon asked me to, I even volunteered to stay @ PT for an extra 4 weeks (which I completed in Nov.)
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02-16-2011, 04:27 PM (This post was last modified: 04-20-2011 12:38 PM by 1171.)
Post: #4
RE: Social Security/Disability NY state
I posted "likely" not automatic.
it depends if there are other treatment options.
Maximum Medical Improvement (MMI):
(WCB) An assessed condition of a claimant based on medical judgment that (a) the claimant has recovered from the work injury to the greatest extent that is expected and (b) no further change in his/her condition is expected. A finding of maximum medical improvement is a normal precondition for determining the permanent disability level of a claimant.

http://www.wcb.state.ny.us/content/main/...ossary.jsp
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04-20-2011, 07:30 AM (This post was last modified: 04-20-2011 10:32 AM by kate.)
Post: #5
RE: Social Security/Disability NY state
Edited by moderator - spammer
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04-20-2011, 10:09 AM
Post: #6
RE: Social Security/Disability NY state
(04-20-2011 07:30 AM)markcomo Wrote:  If you afraid of injection you can take pain killers for your hands pain. many pain killers like oxycontin and many more are available in market, you take only one time so you can feel relex.

WITH A Prescription. I would never recommend Narcotics unless it was the last resort. All Narcotics are extremely addicting and generally used
after major surgery and for chronic pain

2011 Lexus Convertible
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