Oxnard, CA asked in Workers' Compensation for California

Q: What to do when SDI benefits end after a 2 year 10 months workers comp injury case?

I exhausted TTD at 2 years and now SDI will run out in 3 months. I am still "employed" but my employer cannot offer work within the work restrictions. QME is saying I'm haven't reached MMI because disputed body parts have not yet been treated. I recently turned down an "early" settlement offer since it was low ball, no medical, and excluded the body parts in question. What do I apply for when SDI runs out? Apply for Social Security benefits or can I get unemployment?

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1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: YIKES. Try Unemployment next, but some physician needs to have released you to work; you'll be turned down because you have not had any CA-SDI deductions on a paycheck stub for two years, but you can try. Unemployment requires you state you are physically able to accept an offer of employment ... and if you answer 'yes' to the question 'are you disabled?" you get turned down (that question should read 'Are you 100% disabled" but it doesn't. You ARE Temporarily Partially Disabled but NOT 100% permanently disabled. An application for federal Social Security Disability takes about 18 months for most, so that doesn't appear to be a reasonable option ... plus it requires approval from the Center For Medicare Services CMS of a workers comp Compromise & Release agreement (you give the feds a chunk of your settlement if you are applying for or getting Social Security Disability, and it takes months to get to an agreement about how much of your award goes to the feds). If you can perform a very light job that will not aggravate or worsen your current complaints, that appears the best remedy. RUSH BACK to the QME. Disputed body parts will never be treated. You might go to trial on the disputed body parts, but that will take 5 months; then if the insurer loses and appeals, there goes 6 months. Get that QME to write all factors of Whole Person Impairment ASAP to support a much higher settlement demand ASAP.

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