Legal Question in Workers Comp in California

I was injured from my work, hired a lawyer and filed a case and is still ongoing until now and been going to my doctor regularly. While waiting I filed for State Disability and already been exhausted and having problem with financial for 3 months now. Want to apply for EDD and told my lawyer about it and he told me to apply for Social Security Disability instead. My question is. What is the difference? Aren't there anymore I can do now but to wait for the settlement? And also the insurer denied my case at the start. What is the chance for me winning this case? I�m done with the Deposition and QME last year and this month is my second or maybe the final meeting with the QME.


Asked on 3/18/15, 8:53 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

EDD is not something for which you file. EDD is the Employment Development Dept of the State of California, and considers application for BOTH State Disability Insurance and Unemployment Insurance. YOU ALREADY WENT TO EDD to get the State Disability payments you wrote 'ran out'.

SDI generally continues for one year, so long as the Treating Physician is certifying that the disability continues ... if it 'ran out' you might just consider checking to see that the Treating Doctor issued the period report to the EDD that Temporary Disability status continued.

Social Security Disability is for people 100% PERMANENTLY Disabled, never able to return to any gainful employment with which to support themselves. You essentially take yourself out of the workforce permanently with this application and award, saying you swear you can't work for anybody anywhere for the forseeable future. Winning Social Security Disability means you do not get your Job Retraining Voucher at the end of the case because you are not in the workforce, and means the 15%increase in Permanent Disability is lost because you never tried to return to work and were denied.

If the case is denied or the modified duty provided is impossible, those things should be put to the WCAB Judge at trial immediately. If the case is accepted and you cannot perform any modified duties for this employer, your attorney should take the MPN Physicians report to an Expedited Hearing and the TTD awarded at Trial.

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Answered on 3/23/15, 3:55 pm


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