MGR51SS uses a different definition of total disabled than worker comp.I am getting SSD because they have declared me totally disabled for life using the same information that workers compensation has from my doctors.
This explains the differences between the two systems.
SSA defines disability as "the inability to engage in any substantial, gainful activity by reason of any medically determinable physical or mental impairment(s), which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months."[5, 6, 7, 8]
Workers' compensation systems usually define disability as a reduction in wage-earning capacity as a result of an injury, illness, or occupational disease that arose out of, or in the course of, employment.
Distinguishing the difference between impairment and disability is imperative.
One individual can be impaired significantly and have no disability, while another person can be quite disabled with only limited impairment. For example, a person with paraplegia who is wheelchair-bound may be working full time quite successfully as an accountant and, therefore, would not meet the SSA's definition of disability.
Many workers' compensation systems allow for partial disability, generating a need for the AMA Guides to measure the extent of the impairment as related to normal functional capacity.[12, 13, 14]
The SSA disability program, on the other hand, is an all-or-nothing type of program; the claimant is considered either entirely disabled or not disabled.
You could very well lose your comp wage loss payments by refusing work within your restrictions but retain your SSDI payments.
Or, you could loose your SSDI payments by accepting work within your restrictions if you work over the hours allowed by SSDI
You need to find an attorney who knows what he's doing and file for a finding of “Total Industrial Disability,”
As stated in my earlier post:
However, it is critical for those who read this page to understand that the Work-Search requirement will not be relieved until after a Judge (not the claimant’s doctor) has determined that the disabled worker no longer needs to look for work and all appeal rights have been exhausted.
Keep Up The Fight!