I am going to try make a long story short. 2 years ago I got hurt at work and tore up my knee. Had surgery and was out 3 months. Went back but due to the injury I could not do some tasks I used to do so they demoted me. I worked for 18 months and tore up the same knee at work again. Dr. put me on light duty for 3 months. At the end of three months I was told to go home and come back when my knee could take full duty. Dr indicated the injry was a permanent disability and a knee replacement is my on option. I got a second opinion with the same result so I have to apply for my retirement disability. I am 50 years old and wanted to know if anyone has been through this same situation. I do not like being stuck in the middle of work, doctors, retirement system, and workers comp. At some point a knee replacement is in my future but that will not change my work status.
I haven't been through this but my brother is on disability because if his back. His injury was sustained at work several years before it got to the point he could no longer function. It never healed originally but had to support his family and went back to work. He had to sign a waiver stating he was healed. He hired a disabilty lawer and it still took 2 years to recieve disability. He did recieve back compensation but he was still without a paycheck for 2 years. My advice would be to not hesitate and get a disability lawyer to find out what your options are immediately. sent from my samsung note 2
thanks tfox i hope your brother is doing ok i have a lawer it is just a pian with so many pepole with thier hands in my future and all i can do is sit and wait
I am 50 fell 42 ft 3 years ago at work and am on ssdi..You need call your local social security office and tell them you you want to file for ssdi..DO this BEFORE you call a lawyer..Filing is a ton of paperwork..you can do it online..it takes agout 3 months to get a decision and you will have to go see a doctor they select for final determination..If you fail Then call a lawyer..if and when you get accepted you will be back payed for all those months you waited since you first filed.If you get a lawyer right away they will take 30 percent of what you get and before they take your case they will talk with social security to see how viable your case is,cuz they wont take it if they dont think you will win..good luck..
NHB, my wife is on permanant disability due to low vision, almost blind. My recommendation woudl be to file for disability once, they will probably deny it, then file again on an appeal, most are even denied the second time. If they deny you the second time, then go find a disability lawyer. In my wifes case, thats what we did. When it finally got to the judge, he said it should have never gone past the 1st hearing because of her disability. But we had to play the game that the goobermint has. It took us almost 2 years to get her money, including back pay, and yes, the lawyer took 30% if that money. I think that disability was so abused in the paswt, ie everyone who applied got it, that now they deny you on the first go around jsut because you applied !!
your right Ssw took me an appeal to get mine also..but never needed a lawyer...took me a total of 9 months before i was accepted.
This is good advice. If you lived in GA I'd point you in my girlfriend's direction since she is a Personal Injury attorney for after you get SS disability. If you injured your knee at work, went back and injured it again, and they send you home you most likely also have a fine case with them as well.
Not trying to derail this thread or start a ruckus, but, how is it the company's fault that he went back to work after he had injured his knee? Also best of luck nhbowhunt. Sorry your knees.
My neighbor went through this with his back, all I can say best of luck and it isnt a fast process at all to get this straightened out. Workmens comp is a pain.
I wish you the best, but at 50 years of age are you really ready to be done working. I see alot of people in my office who live off SSDI and they are dirt poor. Not only poor but they usually look like they are capable of working, not all but some. Have you considered trying to get training in another field that does not utilize your knees much. I would be willing to bet that there is training available free to you, you just have to be proactive and find those resources. Start by looking at your local dept of labor office. I really do hope that you come out of this with the results you are seeking.
It's called workers comp. He injured it at work...twice...he has a claim. The company would have to have documented OTHER reasons than the injury to demote him and then send him home. If they are using the injury as the excuse to send him home after then injury on the job he has even more of a claim and the company could be violating workers comp laws (at least laws here in GA but most states are similar). Again I suggest getting a good PI attorney and getting what you deserve. You've lost pay, retirement possibilities, and way of life.
