Legal Question in Personal Injury in New York

Lawsuit & Should I go for SSD also?

I'm on Workers Comp. and have a 3rd party lawsuit going because of how I was injured.

My question is...is there any benefit to me to wait to file for Social Security Disability until the lawsuit is finished or should I file for SSD right away?

I've been under the impression that if your compensated by SSD (and my disability pension that's contingent on me getting SSD) that I wouldn't get as much compensation from the defendants as I would if I had nothing coming in at all.

Is it better to wait and possibly get more from the lawsuit and hold off on SSD until after the fact?

I hate thinking like that but it boils down to whats in my best interest in the long run.

My thinking is that I can go for SSD and my pension after the fact.

Thank you.


Asked on 10/16/07, 7:06 pm

1 Answer from Attorneys
Thomas Reilly Learned, Reilly & Learned

Re: Lawsuit & Should I go for SSD also?

Your lawyer should be answering these questions. If he or she is not, then there is a major problem. If you will be claiming permanent loss of income, then you have an obligation to mitigate the loss of income by trying to get SSD and the disability pension. If you don't a jury will see you as a person trying go for more money than you deserve. The loss of income part, with a good economic report on loss of health insurance, pension, 401K, whatever, is the easy part and should not be manipulated.

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Answered on 10/16/07, 8:22 pm


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