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Workers Comp and Social Sercurity Disability?
#1
I am on Workers Comp and Social Sercurity Disability and live in the state of North Carolina. My injury occured on 3-27-1998.
I have been on Workers Comp since and got my disability back in 2000.
With that said, I'm aware that both Workers Comp and Social Sercurity offsets one another.
My doctor however, disables me for over ten years and then after Workers Comp doesn't let off of his back, he finally puts me on light duty. He tells me to settle being he knows that I can't stand on my legs for long do to my on the job injury, condition, and former back surgery.
Note that Workers Comp is not interested in settling this claim as well.

In addition, I am doing all I can and have done job logs for several years while even being on disability and having major limitations to keep my Workers Comp checks coming in weekly. Back around December of this past year and within Jan the start of 2014, Workers Comp then has my checks stopped do to failure to comply. I've always tried to comply and keep up with doing all the job leads required, in which in this case within that period I over looked one lead. What can I say I'm human and capable of error. Well that's the truth and I am innecent. Now I've got my Voc lady breathing down employers backs that I've applied to. Recently I found out that she must have made an employer mad that I interviewed with and now the employer has told lies on me to the point where they are threatening to take my checks again do to failure to comply! I don't get it because they've instructed me to put in for 3 jobs a week and I actually do a job a day Monday through Friday and all of the job leads sent to me by my voc lady within 24 hours. SMH!

With that in mind, just recently my attorney has taken 30% of my check weekly for attorney fees. When I hired her it was only suppose to be if she settled my Workers Comp case, but she got this passed for approval by the Industrial Commission anyhow.

As for the truth in the matter I know I'm not physically able to work anymore, but I wish I was able to so therefore I'd have my freedom back because I haven't had that since 3-27-1998.

Now as for my question. Can I legally fire my attorney and drop Workers Comp completely and still then turn around and get full disability benefits through Social Sercurity instead of it off setting anymore?
 
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#2
Yes you can dismiss your atty.
Workers compensation benefits are voluntary and you are not required to accept them.
There is no guarantee that you'll be granted disability benefits from any other source.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(04-03-2014, 05:06 PM)1171 Wrote: Yes you can dismiss your atty.
Workers compensation benefits are voluntary and you are not required to accept them.
There is no guarantee that you'll be granted disability benefits from any other source.

I do already have disability though. If I dropped Workers Comp wouldn't disability give me my full benefits then? I mean the Workers Comp wouldn't be off setting my disability then.
This part has me confused now too. (There is no guarantee that you'll be granted disability benefits from any other source.)
This is Social Sercurity disability by the way.
Social Sercurity always asks me if I've settled to adjust my income based on money paid to me, but in this case there wouldn't be a settlement. I just need to know if it's possible to get my full benefits going then or am I then locked out being this is a preassisting case and injury? You see I got my disability after and while my Workers Comp claim was in effect.
 
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#4
I can't guarantee any social security decision; it's really up to them whether to grant you full payments if you refuse comp benefits.
you should discuss it with a Social Security representative.
I'm a bit confused as tohow social security is continuing to pay you when your doctor's opinion is that you are not totally disabled.
Do they have your recent doctor's opinion?
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
If I'm reading this right nothing has changed in your condition it's just that now the company got the doctor to take and put you on lite duty. Is this right? If this is so and this doctor was the only one that put you off work they may send this to SSDI and you could lose those benefits as well.
 
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#6
(04-03-2014, 08:07 PM)Manley2 Wrote: If I'm reading this right nothing has changed in your condition it's just that now the company got the doctor to take and put you on lite duty. Is this right? If this is so and this doctor was the only one that put you off work they may send this to SSDI and you could lose those benefits as well.

Really? How is this fair to me? I am a disabled man with a wife and kids and bills just like everyone else.
 
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#7
(04-03-2014, 08:10 PM)PanthersRowell Wrote:
(04-03-2014, 08:07 PM)Manley2 Wrote: If I'm reading this right nothing has changed in your condition it's just that now the company got the doctor to take and put you on lite duty. Is this right? If this is so and this doctor was the only one that put you off work they may send this to SSDI and you could lose those benefits as well.

Really? How is this fair to me? I am a disabled man with a wife and kids and bills just like everyone else.

Nothing has ever changed in my condition accept I feel like I'm getting worse everyday.
 
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#8
(04-03-2014, 08:13 PM)PanthersRowell Wrote:
(04-03-2014, 08:10 PM)PanthersRowell Wrote:
(04-03-2014, 08:07 PM)Manley2 Wrote: If I'm reading this right nothing has changed in your condition it's just that now the company got the doctor to take and put you on lite duty. Is this right? If this is so and this doctor was the only one that put you off work they may send this to SSDI and you could lose those benefits as well.

Really? How is this fair to me? I am a disabled man with a wife and kids and bills just like everyone else.

Nothing has ever changed in my condition accept I feel like I'm getting worse everyday.

I recommend discussing these return to work issues with your attorney. I do not recommend dropping your work comp claim, especially if you need medical treatment.

Your state's laws are different than mine but I remember reading the attorney can take % of your work comp payments, only if they had to fight for you to receive them. Did that occur? If you are not happy with your doctor, discuss this with your attorney. I don't know if you can switch doctor's in your state.

In regards to the job search, I would continue to do what they say.

Social Security has different rules than workers compensation and are two different entities. Many people I know have been released to work with restrictions, and there are no jobs they can do with those restrictions in the work force.

You can see a separate doctor on your own, but I would ask your attorney about that.



I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#9
(04-03-2014, 08:55 PM)California_Help Wrote:
(04-03-2014, 08:13 PM)PanthersRowell Wrote:
(04-03-2014, 08:10 PM)PanthersRowell Wrote:
(04-03-2014, 08:07 PM)Manley2 Wrote: If I'm reading this right nothing has changed in your condition it's just that now the company got the doctor to take and put you on lite duty. Is this right? If this is so and this doctor was the only one that put you off work they may send this to SSDI and you could lose those benefits as well.

Really? How is this fair to me? I am a disabled man with a wife and kids and bills just like everyone else.

Nothing has ever changed in my condition accept I feel like I'm getting worse everyday.

I recommend discussing these return to work issues with your attorney. I do not recommend dropping your work comp claim, especially if you need medical treatment.

Your state's laws are different than mine but I remember reading the attorney can take % of your work comp payments, only if they had to fight for you to receive them. Did that occur? If you are not happy with your doctor, discuss this with your attorney. I don't know if you can switch doctor's in your state.

In regards to the job search, I would continue to do what they say.

Social Security has different rules than workers compensation and are two different entities. Many people I know have been released to work with restrictions, and there are no jobs they can do with those restrictions in the work force.

You can see a separate doctor on your own, but I would ask your attorney about that.

I remember reading the attorney can take % of your work comp payments, only if they had to fight for you to receive them. Did that occur? Yes

The doctor I'm seeing is the doctor who did the surgery on me. He's the only one I trust if there is hope in the future to do another surgery on me. I wouldn't trust another doctor if surgery was a thing of the future in which he has said would need to be done when I'm older. Keep in mind my back surgery was back in 2000 as well.
 
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#10
(04-03-2014, 08:07 PM)Manley2 Wrote: If I'm reading this right nothing has changed in your condition it's just that now the company got the doctor to take and put you on lite duty. Is this right? If this is so and this doctor was the only one that put you off work they may send this to SSDI and you could lose those benefits as well.

The Vocational Rehabilitation worker stayed on my doctors rear for a long time to even get that. With that said, My doctor had me fully disabled for over 10 years and still my condition has done nothing but increased. As for doctor records they don't include how my condition has got worse.
 
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