only 5 yrs to retirement

[47brando]

i think that i already added this thread but cannot find it so here goes again.after seeing a neuro surgeon i was told that i have degen. spine desease and my prognosis is not very good.am 61 yrs old and only 5 yrs from full retirement. having injured my back at work and wc handiling my case,will my age and retirement being so close what are my chances of being found totally disabled ?none of the treatments given me gives me any pain relief and the dr. said "unless they come up with a spinal transplant there is nothing anyone can do for me

[Lilly]

Hi Brando,
Are you "off work" now? In order to be elgible for SSD....you have to be off work , or md expected time for you to be off work is 1 year. So if doc says chances are that you'll be off work this long, to apply NOW, while you are not working. It is quite the waiting game. With your age, your injury...you have a great chance IMO! At this moment, I am drawing SSD and PPD, and there are many more people on this forum that are too.
Here's a great site that will help explain things to you.
http://www.disabilitysecrets.com/

Take care & good luck! Lilly

[chrischris]

Hi 47 Brando,

Since you were reported PD in 2004 for a non-work related injury to your back and contnued working, yes that will be taken into consideration with your 2008 WC Claim.

You already stated this WC Claim was accepted, so you will be allowed to collect 2/3's of your salary, for up to 104 weeks from WC and 1/3 of your salary will continue from your Employer as long as your S/L doesn't run out. If prior to this your doctor deems you Permanent and Stationary, you will receive a PD rating, which your pre-existing injury and age will be factored in, and you will be paid PD based on that decision.

If you don't believe you are P&S, you may request a PQME, a panel doctor from a list of 3, who will determine if you are P&S and will also rate your injury.

Once you are deemed P&S, you TD stops and you are charged a full day of sick leave for each day of disability from your employer. You may begin to also receive PD advances from WC, which are very small.

Your employment retirement is not a consideration for WC. Once your S/L runs out, your employer can terminate you. It depends on your employer. You should apply for SDI or private disability asap.

You should also talk to your HR dept asap to discuss options concerning your retirement if you are not going to be able to return to work. Your retirement may have an early "disablity retirement" available if you are PD, or you may just have to retire early and and start drawing Social Security. You should contact SS asap also to see what your options are. Because on your age, I don't know what your options are with SS.

Good luck to you, and I hope all goes well.

[Lilly]

Chrischris...your kitty at the bottom of the page is adorable! lilly

[1171]

it's rare to get a 100% total impairment rating from your doctors. The AMA rating guides set a very high standard; your condition would have to be so bad you would be restricted from all work for any amount of time permanently. You practically have to be disabled from caring for yourself to qualify.

[47brando]

chrischris Wrote:Hi 47 Brando,

Since you were reported PD in 2004 for a non-work related injury to your back and contnued working, yes that will be taken into consideration with your 2008 WC Claim.

You already stated this WC Claim was accepted, so you will be allowed to collect 2/3's of your salary, for up to 104 weeks from WC and 1/3 of your salary will continue from your Employer as long as your S/L doesn't run out. If prior to this your doctor deems you Permanent and Stationary, you will receive a PD rating, which your pre-existing injury and age will be factored in, and you will be paid PD based on that decision.

If you don't believe you are P&S, you may request a PQME, a panel doctor from a list of 3, who will determine if you are P&S and will also rate your injury.

Once you are deemed P&S, you TD stops and you are charged a full day of sick leave for each day of disability from your employer. You may begin to also receive PD advances from WC, which are very small.

Your employment retirement is not a consideration for WC. Once your S/L runs out, your employer can terminate you. It depends on your employer. You should apply for SDI or private disability asap.

You should also talk to your HR dept asap to discuss options concerning your retirement if you are not going to be able to return to work. Your retirement may have an early "disablity retirement" available if you are PD, or you may just have to retire early and and start drawing Social Security. You should contact SS asap also to see what your options are. Because on your age, I don't know what your options are with SS.

Good luck to you, and I hope all goes well.

thanks for your reply,another question,being 61 would wc pay a lump sum settltment?and continue working.i know of an individual who was injured at work got $25,000 and is still employed

[1171]

unknown.
Compromise & Release agreements (lumpsum buyout) only happens when both sides agree on an amount; it's not required by the law.
most carriers make such a buyout contingent on a resignation; but of course you can work for another employer.