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:
I have been working in the medical field for over 13 years and more. I am on short term disability. Can I apply for ssi due to my job may have caused my problem from lifting patients, pushing, pulling heavy patients to machines and other duties. This job was very stressful and I am taking anti depressants and I am seeing a psychiatrist.
Here are my thoughts: Helena certainly has the right to file for Social Security disability. However, I would advise her to speak to her workers’ compensation lawyer prior to doing so. Workers’ compensation claims can involve a significant amount of money when they settle and filing for disability can impact the value of your workers’ compensation claim.
The value of a workers’ compensation claim often turns on the uncertainty that exists in terms of the claimant’s prognosis for returning to work as well as uncertainty about the claimant’s future medical treatment. When you file a Social Security claim you are basically saying that you cannot work, and you will be bringing Medicare into the discussion in terms of future medical care. Medicare’s involvement also may affect your settlement because Medicare may demand that part of your settlement be set-aside to cover future medical care.
Long term and short term disability claims may also be impacted by a Social Security claim.
Bottom line – I would try to involve your lawyer as a point person to advise you about the various benefits to which you may be entitled and to help you decide about the timing or wisdom of pursuing these benefits.