Carpal Tunnel Syndrome, Workers’ Compensation Insurance, and SSDI
/
Carpal tunnel syndrome refers to the compression, or squeezing, of the median nerve in the wrist, resulting in pain, numbness, and/or a tingling sensation (paresthesia) radiating from hand to forearm. Sometimes carpal tunnel impairs motor function by restricting one’s ability to grip objects. The condition may arise from repetitive actions performed at work, such as typing or assembly line processing, and may require vigorous treatment, including possible surgery, to manage its symptoms. Workers’ compensation insurers process numerous claims for carpal tunnel each year, but blaming one’s work for the condition can be difficult to prove; a variety of underlying ailments (hypothyroidism, rheumatoid arthritis, tumors) may contribute to the onset of carpal tunnel, so you must provide convincing medical evidence to demonstrate that workplace duties caused the injury. Depending on the circumstances of your case, you may be subject to a lengthy appeals process to obtain workers’ compensation benefits. A Dunkin’ Donuts worker in Connecticut, for example, maintained that frequent and repetitive operation of a cream dispensary caused carpal tunnel symptoms in her wrist and prevented her from working; after numerous appeals and evaluations by the Workers’ Compensation Review Board, her claim was approved, but not without considerable effort and perseverance (http://wcc.state.ct.us/crb/2001/4278crb.htm).
Sufferers from carpal tunnel may also apply for Social Security Disability benefits, but the SSA doesn’t usually recognize carpal tunnel as a debilitating impairment. The symptoms would have to reach a high level of severity indicating long-term or permanent motor damage to the extremities. While carpal tunnel doesn’t fall into one of SSA’s listed categories of impairment, it can qualify as a complication of officially recognized conditions like peripheral neuropathy or hypothyroidism. These ailments, however, also maintain a high threshold of impairment for benefits approval. In short, it will not be easy to get disability insurance for carpal tunnel. But if your symptoms hinder your ability to grip objects, last for more than twelve months, and fail to respond to medication, then you may have a good chance of securing benefits on appeal to an Administrative Law Judge. An ALJ may demand a residual capacity assessment, and if he determines on the basis of this test that your condition prevents you from working, you can be cleared for benefits.
In the event that both your employer’s insurance company and the SSA approve your claims for carpal tunnel, you may be able to receive insurance money from both sources. You can collect workers’ compensation insurance and social security disability insurance at the same time, but there are some rules limiting the amount of money you can be paid. If you are receiving benefits from both sources, Social Security may reduce its payment to “offset” the amount covered by the workers’ compensation check. In other words, your social security benefit will be less than what it would have been if social security were your only source of disability insurance.
If you have carpal tunnel and are experiencing severe and lasting distress, contact a disability attorney who can counsel you on the best way forward to get worker’s comp AND social security disability benefits. An experienced professional will handle all the cumbersome details involving appeals and review, thus smoothing the way for your claim.
Articles contained here are not intended to provide legal advice, only providing general information. We encourage individuals to consult with an attorney regarding individual circumstances.
