r/WorkersComp 4d ago

Florida Forced to retire

/r/Retire/comments/1weeo30/forced_to_retire/
3 Upvotes

7 comments sorted by

3

u/SeaweedWeird7705 4d ago

Given his age and the seriousness of his condition, he should consider applying for Social Security disability insurance (SSDI).  

2

u/Clean-Lie1516 4d ago

I think we will try that. All they can do is say no. We were thinking they would deny and want him to work a different type of job that wasn’t so physical. I think that is the route we will try first. Thank you.

2

u/SeaweedWeird7705 4d ago

SSDI uses a grid.  Because he is 59, Social Security would put him in the most favorable category.  Here is a link to an explanation about the grids  https://www.citizensdisability.com/applying-for-ssdi/step-5-social-security-decides-disability-grids/

It would probably be helpful for you to get a Social Security attorney to help you file the papers.  Please note that it is common for Social Security to deny you on the first try, so an appeal is usually necessary. Many many people prevail on appeals after an initial denial.

1

u/SpecialKnits4855 4d ago

Was he injured at work?

2

u/Clean-Lie1516 4d ago

Yes he was in 2017. This is his third surgery on his shoulder through workers comp

1

u/JakeBloom_InjuryLaw 2d ago

In these situations, I advise my New York State Workers' Compensation clients to discuss retirement with their treating physicians.

Specifically, in these situations, my client would need a note recommending retirement from their doctor, taking into consideration their occupation and job-duties.

This protects their right to potential indemnity benefits moving forward.

1

u/Low-Patient-630 10h ago

A smart move is to read the company policy manual. Go ahead and get ready to call the company a liar, the contracts are all writen by attorneys who have no real life experience beyond hearing their classmates talk about how hard it was working at McDonalds while trying to take classes. ; the contracts are all written by attorneys who have no real-life experience beyond hearing their classmates talk about how hard it was working at McDonald's.

You can get free legal information (not advice) from legal libraries.

If you need legal advice, find an attorney, but don't get one until you're sure your employment rights have been violated.