Applying for Social Security Disability (SSD) or Social Security Income (SSI) benefits can feel like a hurdle, especially when they’re needed to cover expenses. Our lawyers represent individuals seeking disability benefits to help ensure their claims are not denied.
The government denies over half of all initial claims for disability. Patrick O’Brien provides help for those whore are filing their first claim, and also represents those who have had their disability claims denied. By helping to build a strong disability claim, Patrick O’Brien and his team increases the likelihood of the disability claim being approved.
| Permanent Partial Disability
Before you receive your disability rating, which is what entitles you to certain benefits, a doctor will perform a thorough exam to apply the rating based on his/her knowledge and experience with injuries. It is important to note that the doctor’s rating is based on that doctor’s opinion only, and is not binding. If you do not agree with the rating from your doctor, you can go to another doctor for a second opinion. If you feel you aren’t being heard, you may want to consider enlisting the help of an experienced workers’ compensation attorney who does work as a partial permanent disability lawyer to protect the rights of people like you whose lives have been affected by work-related injuries.
If you do have a diagnosis of permanent partial disability (PPD) and your work injury impedes your ability to perform on the job as you did before the injury took place, you may be able to work at some other job. For example, if you work in a factory and your work injury impedes your ability to be in a job where you stand for a long time or do repetitive tasks, you might be able to work in an administrative role of some sort where more sitting is involved.
In Missouri, PPD benefits are typically paid in a lump sum. The formula followed for calculating PPD benefits is as follows:
- Part 1: Determinations Based on Body Part Injured – The Missouri legislature relies on a “body chart” with determinations based on what part of the body has been injured. Some parts receive a different number of weeks or units based on the injury. For instance, injuring a finger results in fewer weeks or units compared to a whole hand or a “whole body” injury.
- Part 2: Percentage of PPD Related to Injured Body Part – This part of the formula uses a percentage (e.g. 5%, 10%, 25%, etc.) to calculate what you receive.
- Part 3: Compensation Rate – In general, you will receive 2/3 of your average weekly wage which does not exceed, at the time of this writing, 55% of the state average weekly wage (“SAWW”).
| Permanent Total Disability
Of the types of workers’ compensation that exist, permanent total disability (PTD) denotes a disability where the worker is not able to physically work at all, either in the job they had previously or any other job.
A person may be deemed eligible for PTD if their injury is severe enough to lead to that rating. It is possible that you could receive a weekly payment potentially through your lifetime or negotiate a lump sum as a result of your injury.
At this stage, your doctor may deem you to be at your maximum medical improvement (MMI), which means they do not foresee your condition improving anymore than it has following your injury. If this is the case and your injury originated from a work accident, workers’ compensation may provide supplementary income in addition to any retirement, pensions, and Social Security benefits to which you may be entitled.
However, if your last work injury, combined with prior disabilities, causes a permanent total disability, the circumstances may be different. Your employer and the insurance company may only be responsible to cover payments that fall within partial permanent disability claims.
If this is the case for you and you are a resident of Missouri, you can claim compensation under the Second Injury Fund WHICH allows recovery for additional disability caused by the preexisting condition in combination with the work injury. Experienced in permanent total disability claims, our law firm can help.Read More About The Second Injury Fund
| Temporary Total Disability
Temporary Total Disability is computed by a set scale under Missouri law. The current top rate for TTD is $947.64/week. The employee is eligible to receive up to two-thirds (⅔) of his/her current average weekly wage. The $947.64 is the most a worker may receive. TTD is one part of compensation a worker may receive.
If, as a result of the injury, he/she sustains a permanent disability, the worker is entitled to an award of PPD, or Permanent Partial Disability. This is paid in addition to any TTD payments received. The worker is also entitled to have all medical bills paid as a result of the injury.
You may feel that your employer is pressuring you to quit your job. You should not do so because it will cause you to be ineligible for TTD benefits. If your employer fires you because you cannot physically perform your work, this may give you the right to file a lawsuit for that firing. There is a three-day waiting period for TTD payments unless you are off for more than fourteen (14) days, whereby there would be no waiting period.
This office recently handled a case for a worker who was injured and given work restrictions that her employer would not accommodate. Although she quit her job, we were able to get her compensation for TTD after she left her employment.Read Our Workers Comp FAQs
About The Law Offices of Patrick O’Brien
I will personally handle your case from start to finish and will make sure you understand all facets of your claim. Please call at your convenience or contact us through our website. We return calls and listen to you, and it is our goal to protect your rights.