Tag Archives: return to work

Panthers’ Super Bowl Football Player (Thomas Davis) Joins the Big Game While Still Recovering from Surgery (or, in Work Comp Terms Panthers’ Employee Returns Full-Duty Pre-MMI)

Super Bowl 50 what a game! As a Panthers’ fan, it was depressing to see our usually high-scoring offense crushed by the Broncos’ defense. However, the Panthers’ defense kept us in the game until the bitter end. The dedication of Thomas Davis, a Panthers’ linebacker, was quite a site. Davis, who sustained a broken forearm in an earlier game, played through Super Bowl 50 with a surgically implanted plate and 11 screws in his right forearm. Davis shared a post-surgical photo after the Super Bowl on social media. In his post, Davis said:

This post is not about me, or how tough I am. It’s not to shine any light on me or my injuries. Our team doctors and trainers did an amazing job giving me an opportunity to get back on the field. This post is strictly to show how much love I have for my brothers and #PantherNation. Thank you all for your support and we will #KeepPounding.-TD

Take a look at the photo (if you’re not too squeamish) and you will be amazed that Davis played through the Super Bowl with over 20 stitches. Clearly, Davis is a strong individual. His decision to join the game, despite his injuries, was not taken lightly and was made with the consultation of his treating physicians.

Like Davis, many injured workers are extremely eager to return to work. Whenever possible, and medically acceptable, returning to work is the best option for the injured worker and the employer. However, the decision to return to work after an injury must be carefully evaluated. All too frequently, our firm receives calls from injured workers who prematurely rush back to work only to find out they can’t perform their old job duties. Sadly, their employer, although understanding at first, becomes frustrated with the injured worker’s physical constraints and the injured worker is terminated. Under these circumstances, the injured worker may have an additional cause of action (retaliatory discharge claim) but the end result could have been avoided if they monitored their recovery carefully and focused on healing before returning to work. 

Do I have to be on Social Security Disability Forever?

You aren’t prohibited from returning to work after being on Social Security Disability

Today’s post comes from guest author Barbara Tilker from Pasternack Tilker Ziegler Walsh Stanton & Romano.

Many of the people that I’ve spoken to over the years are under the impression that once you get Social Security Disability (SSD) you have to remain on benefits forever and can never go back to work. This is a common misconception, and one that prevents many people from receiving benefits they would otherwise be entitled to.

While you do not have to be on SSD forever, you do have to be out of work for at least twelve (12) consecutive months. However, once you’ve satisfied this durational requirement, you can return to work and receive SSD for a portion of the time that you were unable to work – Social Security doesn’t pay disability benefits for the first five (5) full months you’re out of work.

We have many clients who receive excellent medical care and have their medical condition improve and return to work. That’s great, and it’s something we love to see. SSD is there for you during the time that you’re unable to work.

…the Social Security Administration…even lets you work for a limited period of time before stopping your benefits.

Social Security also likes it when you return to work, and they have several different programs that help you get back to work, even if it’s a different sort of work than what you were doing before you became disabled. I’ll cover these programs in more detail in a later post, but for now, you should know that the Social Security Administration makes it possible for you to get vocational rehabilitation and retraining for free, and even lets you work for a limited period of time before stopping your benefits.

Once you know that you’ll be out of work for at least 12 months, contact our office to discuss filing a claim, even if you plan to return to work in the future. Because of the fact that you can lose benefits if you wait too long to apply (something I discussed here) you shouldn’t delay filing for benefits just because you plan to go back to work in the future.

How Does Social Security Help Me Get Back to Work?

The SSA has programs to help disabled people rejoin the workforce.

Today’s post comes from guest author Barbara Tilker from Pasternack Tilker Ziegler Walsh Stanton & Romano.

As I discussed in a previous post, you don’t have to be on Social Security Disability (SSD) forever. Many people find that their medical conditions improve and they want to try to get back to work. However, it’s hard to get back into the workforce after being out of it for a long time, and people are worried about losing their eligibility for benefits if they try to go back to work but are unsuccessful.

Social Security recognizes that it can be difficult for people to get back into the labor market and that people would be reluctant to go back to work if they would automatically lose entitlement to their disability benefits. To address these concerns, Social Security runs several programs to help people transition back into the workforce while maintaining financial eligibility.

Social Security has many programs and policies to help people return to work, but I will discuss two of these programs in some detail. These are the Ticket to Work program and the Trial Work Period.

The Ticket to Work program gives disabled individuals access to a network of services that offer retraining and vocational rehabilitation. This is a free, completely voluntary program. Once you reach out to them, you will Continue reading