Submitted by papa22 on Wed, 11/25/2009 - 02:28
Construction worker out on wc for 1.5yrs,needs 2 total knee replacements am I eligible for SSDI?
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Editor's Response
If you had provided more information about your work history and disability, I could offer a guess, but what good would that do? Most disability attorneys offer a free consultation. Someone who works in this area of the law every day should be able to give you an educated guess about how your claim will work out. Good luck.
Eligibility for SSDI for a construction out on wc
I would need more information to determine whether you would be eligible for SSDI benefits. The fact that you are receiving workers compensation is not determinative of whether you would be awarded SSDI. They are 2 different programs with different requirements and standards. You appear to meet the duration requirement as you condition as already lasted in excess of 12 months and will probably continue for sometime into the future given the fact that you need of bilateral knee replacements. The Social Security Administration will look at whether you meet the medical criteria for a given listing. There are over 100 listings that correspond to different medical conditions and diagnoses. If you meet a listing, you would be eligible for SSDI. If you did not meet a listing, the Social Security Administration would look at your ability to perform past relevant work and other types of work. Whether you can perform past work or other work depends on the nature and type of your impairments, age, education, and many other factors. I would be happy to discuss your case with you at your convenience.
Attorney Steven Ciulla, Esq.