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Social Security and Worker's Comp
#1

I know when you apply for SSDI they make a decision based on whether or not you can do ANY work. Is it the same with WC or is it can you do the work you were doing prior to your injury? My claim is in NY.
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#2

SSDI determines disability based on whether you are employable at all in the open job market within your geographical area. So, yes, you're right. With SSDI, you are either disabled or you're not. There is no partial disability with SSDI.

WC doesn't work the same way. While you might be restricted from doing certain types of work, you might be considered able in other types of work. Unlike SSDI, WC does consider varying levels of disability, with or without permanent work restrictions.

Remember that WC and SSDI have totally different definitions for a "disability", as would a private insurance company, the VA health care system, etc.

DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
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#3

You are correct. SSDI is based on total disability. Meaning you can not perform any type of work.

WC is different. WC is designed to protect the employer from litigation should an emplyee get injured. WC. pays monetary benifits and medical cost related to a work place injury.

8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. After going back to school, I received my degree as a mechanical engineer. What can I say, it was the only way I had to beat the system. 
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