Legal Question in Social Security Law in Virginia

Repercussions of Permanent Work Restrictions and Medications

I am on the Duragesic patch (75 ug/hr) and take zanaflex and percocet a couple times a day for breakthrough pain due to ruptured thoracic discs. I have just been placed on permanent work restrictions consisting of three 5-hour days per week after having an Independent Medical Examine. I am currently using intermittent FMLA. My HR person told me that if this were to occur it would be wise to stop working and apply for LTD. Reading the LTD agreement leads me to believe that after a year I could loose LTD payment if I didn�t qualify for SSDI. I have two doctors are recommending these restrictions. I am also getting to the point where the medication is having adverse side effects that are also affecting my ability to work and commute back and forth. In fact, I my dosage for the Duragesic patch will be increased shortly to 100 ug/hr.

Should I wait for the company to make the first move with termination or should I apply for LTD and SSDI?

What is the probability for getting SSDI when both an injury and medicine side effects contribute to your inability to work?

How does the above affect how the Residual Capacity Form is completed when I can�t work full week?


Asked on 11/22/04, 9:05 pm

1 Answer from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: Repercussions of Permanent Work Restrictions and Medications

If you can no longer do your job, you would be well advised to try to qualify for LTD while still employed. Many LTD policies intially will qualifiy you if you no longer can do that occupation. After one or two yrs they may want you to show you cannot do any kind of work. This is the same thing Social Security requires. If you truly cannot work, then you may want to start the process. If you are turned down for Social Security, then you may want to contact us.

Jerry Lutkenhaus

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Answered on 11/23/04, 4:32 pm

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