Work Comp and Social Security Disability- Can You Get Both?

There are times when you may be able to file for Illinois Workers’ Compensation and apply for Social Security Disability at the same time.

With most work injuries you are able to get your medical treatment, get back to work, and get your settlement.

And sometimes the condition that prevents you from working has nothing to do with a work injury.

However, in some cases you suffer a work injury and are unable to return to your past work or any other type of work.

When this happens you have the option of filing for Workers’ Compensation and applying for Social Security Disability.

You must be careful that when you reach a settlement for your Workers’ Compensation claim that you include language to protect yourself to the fullest extent possible regarding Social Security’s offset against Work Comp payments and future medical needs. You should contact an experienced Workers’ Compensation lawyer to make sure that this is done correctly.

Filing a Workers’ Compensation claim must be done in a particular way. This should also be reviewed by an experienced Illinois Work Comp attorney.

You may file a Social Security Disability application online. It is recommended that you ask an experienced Illinois Social Security Disability lawyer to help file the application. You must be careful in the way you complete the disability application and when you answer questions Social Security asks you regarding your condition and your past work.

When you have a serious injury that is keeping you from working make sure that have an experienced lawyer help you with both applications.

Feel free to contact Illinois Social Security Disability Attorney and Work Comp Lawyer Dirk May with Williams and Swee at 309-827-4371 to discuss these important matters.

Social Security Disability and the Application Process

Social Security Disability is not a well known or easily understood process.

Not many people understand it because the government does not advertise that the benefits are available and some of the Social Security employees are not extremely helpful.

You can walk into a local Social Security office and apply for benefits or call and schedule a telephone appointment.

However, Social Security prefers you to file your disability application online.

You do this through the Social Security website.

The website is not easy to use and it is difficult to understand why certain questions are being asked and how the answers may fit in to deciding whether you found disabled or not.

The process is also very long.

In Central Illinois it is taking up to 6 months for Social Security to review your initial application.

If you are denied at the initial stage you must appeal if you want to move on. The second stage may also take up to 6 months.

If you are denied at the second stage, then you must appeal again to have a hearing before an Administrative Law Judge.

It is taking approximately 12 months to get the hearing before a Judge in Illinois.

It is a frustrating and mysterious process to go through without someone to help you.

An experienced Social Security Attorney can help you from start to finish, including filing the application, helping you answer the written questions Social Security sends to you, and helping you prepare to answer the Judge’s questions.

Need help? Feel free to contact Illinois Social Security Disability lawyer Dirk May with Williams and Swee at 309-827-4371.

When Should You Get a Lawyer for Your Disability Case?

You can hire a lawyer to help you in getting Social Security Disability at any stage of your case.

However, the earlier you get a lawyer the more help they can be in shaping your case toward a winning result.

For instance, I like to meet with a client right away and help them file the application for Social Security Disability online.

Then we can make sure all the relevant medical records, medications, treatments and work history are reported to Social Security.

Once an application is filed with Social Security, you will receive a series of questionnaires.

A lawyer can help you explain in response to the questions the major problems you have and how they limit your daily activities. It is also crucial to describe the relevant aspects of your past work.

Social Security will send you to see some of their doctors. You need to understand why they are doing this and what they are looking for.

You and your lawyer will also need to work together to file timely appeals to any denials you receive.

When you are scheduled for a disability hearing you need to prepare your case and be ready for the questions the Judge will ask you and the vocational expert.

You also need to understand what you have to prove to win your case.

The good thing about using a lawyer in a Social Security Disability case is that the lawyer only gets paid if you win your case.

The lawyer is limited to a fee of 25% of the back benefits with a cap of $6,000. Since benefits during your lifetime may amount to over several hundred of thousands of dollars this is a small price to pay to win your case.

Questions about your case? Feel free to contact Illinois Social Security Disability Lawyer Dirk May with Williams and Swee at 309-827-4371.

The State of Social Security Disability

Trying to get Social Security Disability can be incredibly frustrating at times.

The tide is turning against people who have filed claims in the last few years.

From 1999 to 2003 disability applications ranged from 1.2 million to 1.8 million.

After 2004 disability applications shot up to over 2 million to a high of 2.9 million applications.

Awards on the applications dropped from 51 percent in 1999 to around 33 percent in 2013.

What all this means for people trying to get Social Security Disability is that it is getting harder and harder to win.

The people at Social Security office who are reviewing the applications are taking longer because there are more cases and not enough workers to keep up. So they do not have time to review cases as thoroughly. If you are denied make sure that you appeal because they may have missed something.

If you are denied and appeal, then you may ultimately end up in a hearing before an administrative law judge.

Approval ratings from judges have also dropped over the years.

Congress and the Media have been looking at the Social Security Disability program closely over the last few years and this has resulted in more cases being denied.

This makes it all the more important to be prepared to explain to the Judge why you cannot work.

This means telling the doctor at each visit your problems and how it bothers your activities of daily living such as sitting, standing, lifting and walking, and how it interferes with your concentration, or using your hands and arms.

You also need to be ready for the questions the Judge will ask you and know what to expect from the Vocational Consultant.

Questions about your disability case? Feel free to contact Illinois Social Security Disability Attorney Dirk May with Williams and Swee at 309-827-4371.