Legal Question in Social Security Law in New Jersey
am I eligible
I suffered a bad injury at work and ripped my right rotator .It went under workmans comp.I had a manipulation done,howevever the shoulder was never the same .About a year later I re injured the rotator again and began favoring the right side and attempted to do my job using my left arm for the more heavy type work .This resulted in my left rotator also being damaged.I had an operation done on my right side ,did all the rehab on it ,then had an operation done on my left side and am currently doing rehab on it .My right side still causes me an extreme amount of pain and the surgeon has told me that it will never get to the point of no pain or stiffness and I cannot do any heavy lifting or hard work and must always be very careful not to reinjure it again .My rehab on the left side is not going well .Alot of pain and the shoulder is starting to hurt more and more with each rehab visit .They are thinking of a possible manipulation on this side to break out scar tissue .Am I eligible for permanent disability and would this mean that I recieve a payout for the permenancy of the damage to both shoulders .
2 Answers from Attorneys
Re: am I eligible
it depends. First, the second injury most likely puts you on total diability thru comp. This is tricky stuff and you need to have an extremely skilled comp lawyer to handle this as it will involve the 2% fund. During the comp claim, you will be asked to file for ssd. Please get an experienced attorney for this, it is very complicated. Let me know where you live and I can recommend a few.
Re: am I eligible
If by permanent disability & payout you mean under Workers' Compensation - I do not know. I suggest you re-submit the question for a NJ Workers' Comp attorney.
If you mean are you eligible for Social Security Disability as a monthly payment, that too is difficult to determine based on the limited medical info you mention. Social Security disability is almost never considered permanent and all cases are eventually reviewed.
Social Security Disability has a Total Disability standard. So if you can do other sedentary work, you may not be eligible. Much depends on your age and education and residual functioning capacity.
It is best to meet with an Social Security attorney to review a potential case.
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