Legal Question in Workers Comp in California

I settled a medical claim with a insurance company. It was workers comp case.

I had two back surgeries. Its been 4yrs and now I cant work because of the pain again. My next disc is going out. My question is how can I get social security disability? Please can someone help me with this complicated case. Thank you Tammy


Asked on 10/19/14, 9:51 am

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

You apply for Social Security Disability Insurance, SSDI, with the Social Security Administration (federal agency). This is NOT related to Workers Compensation law.

IF YOU ARE worse than when you resolved your Workers Compensation action and you resolved the claim either by Trial or by Stipulations With Request for Award, you can PETITION TO REOPEN FOR NEW & FURTHER DISABILITY on the Workers Compensation claim at the Workers Compensation Appeals Board (state agency).

You have 5 years from the date of injury to obtain medical reports proving you have New & Further Disability since the time an initial award was made --- unless you 'cashed out' all future rights with a Compromise & RElease Agreement.

If you signed a C&R and the WCAB Judge approved it and you received all of your money on it, you may NOT Petition to Reopen for New & Further Disability.

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Answered on 11/03/14, 1:09 pm


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