Legal Question in Workers Comp in California

I was injured in Dec.2004 with a low back injury,went back to work and was injured again in Aug.2005 with the same injury,went back to work on modified duty until Sep.2006 I "reinjured" myself and have not been back to work since.I stopped getting TDI paymentsAug.2007and have not settled yet.Can I apply for social security disability benefits or will it mess with the work comp settlement?


Asked on 4/21/10, 1:45 pm

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Yes, you can apply for social security benefits. How it messes with the case is determined by how you settle. If you settle with an open medical award, there is really no issue. If you settle by Compromise and Release, a lump sum, then you must have social security approve the settlement if it is over 25K. This can take up to a year because you must have another vender calculate your future medical costs.

At this point I would recommend applying for social security. It is almost always denied on the first application if you are under 55. You might also consider a DFEC challenge.

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Answered on 4/26/10, 2:03 pm


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