Workers' Compensation issues

August 20, 2009

Are Claimants Required to Submit Unhelpful Medical Records

There is no such thing as the "perfect" case.  Even the most deserving claimants may end up with a doctor who they don't like or with whom they do not get along.  This is especially true in "pain" cases when narcotic medicines may be prescribed.  There are also doctors out there who do not believe in the concept of disability – as far as they are concerned no one is fully disabled and these doctors will not cooperate with a Social Security claimant at all (needless to say, it is helpful if you discover this trait in your treating doctors early enough in your case to find another doctor!).

What about unhelpful medical records?  I see this frequently in cases where there was a workers' compensation case.  "Company doctors" often minimize symptoms and generate records indicating that a claimant has the capacity to return to work.   Other times I see unhelpful records in cases where my client just did not "click" with his or her physician or psychiatrist.

One of my blog readers wrote me to ask about his obligation to submit unhelpful records in the context of a continuing disability review:

I have been on SSI for 8 years for mental illness. One recently former psychologist would say I was never disabled while my psychiatrist, and my new psychiatrist (the present one is moving) say I am disabled. Read more on Are Claimants Required to Submit Unhelpful Medical Records…

Filed under Administrative Law Judges, Continuing disability reviews, Disability hearings, They're trying to stop my benefits, Workers' Compensation issues by

May 24, 2009

Should I File for Social Security if I Also Have a Pending Workers' Comp and LTD Claim

Social Security disability cases often interface with workers' compensation and short term or long term disability cases.  I recently received a question from a lady named Helena, who asks the following:

Read more on Should I File for Social Security if I Also Have a Pending Workers' Comp and LTD Claim…

Filed under LTD issues, Starting the disability process, Strategies for winning, Workers' Compensation issues by

February 4, 2008

How Do Workers Compensation Offsets Affect Social Security Disability Payments?

dear jonathan: i have been recieving ssd since around 2002 and also recieving workers comp (lifetime settlement)i am 53 years old.there is also a small payment from my ltd carrier, in the past they requested 13,000 back in which i paid because of approvel of ssd.i would like to know if ssd will want repayment of any of this money back also, I am over the 80% amount of former salery. i feel traped in this situation .i did use a law firm from the start and they handeled it all but never advised me on the details i described.  to date ssd has never requested information on any other payments recieved .your advice would be appreciated ..thank you jonathan i would think a ssd review could come up in the next year.
–Manny

Read more on How Do Workers Compensation Offsets Affect Social Security Disability Payments?…

Filed under Lump Sum Awards, Workers' Compensation issues by

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