• Stephanie O. Joy, Esq. / Joy Disability

If You Win A Personal Injury Award, After Being Unable To Work For 2 Years, Will It Have Any Bearing


ANSWER:

You mention that this is a SSD claim. So assuming it is not an "SSI" claim, there is no effect per se, on your SSD claim. However, your medical records in your PI claim can be very helpful to your SSD claim, potentially, including diagnostic tests, vocational evaluations and medical expert examinations that may not exist but for your PI claim. (Likewise, any credible contrary evidence, could be hurtful.)

If you haven't retained a dedicated SSD lawyer who focuses his/her law practice on SSD, and started this SSDIB claim already, this delay can be a HUGE mistake in terms of reducing your chances of winning. Do not delay in either filing or getting a concentrating SSD lawyer now. SSD is term insurance, after all, and if you have not worked in 2 years, you have already lost a bite of the apple. Many of us here on Avvo handle Bethlehem cases, so you have plenty of options.

I will also add that, you may be saying that you WERE unable to work for 2 years. If you are working substantially now, that would mean you are no longer disabled. You will want to likely consider amending your SSD claim, or starting it, as a "closed period" claim. And don't forget to consider a "concurrent claim" so as not to leave any potential benefits on the table.

Good luck with both cases!


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