I am in Florida, I was injured 4/16/09. My employer fired me, I am still under drs. care and have not reached MMI. I have been released to work, only if I sit with no lifting/bending/ etc. Since I do not have a job to go back to I am looking but at 62 and with my restrictions, a job is not going to be easy to find.
I applied for my SS retirement since I turned 62, at the same time SS had me apply for SSDI, I was approved in 70 days, first time I applied. My question is, won't I be better off to just keep my SS retirement since WC will not do a set aside, if I go with SSDI it is more per month, but WC will be less. I stand to lose $500.00 a month by going on disability. I know this is long but you all seem so smart on WC.
I need some help as I don't know anything about WC or FL law. I do not have a lawyer, I have received checks from day 1 so I have not had any problems . Thank you
your in a tough spot one of our nurses on here was just about in the same spot just different state....Try getting ahold of Tuffy she may be able to help you.....
jayne Wrote:your in a tough spot one of our nurses on here was just about in the same spot just different state....Try getting ahold of Tuffy she may be able to help you.....
Thanks, Janyne, when I applied for my SS retirement the lady at SS office said she would apply for the SSDI at the same time, I just knew that I would not be approved the first time, but go figure, I don't want disability and I get it, others who want and need it can't get it. I will never understand our gov.
1171 Wrote:There is temporary offset while receiving workers compensation payments. there is an 80% threshhold on earnings
http://www.socialsecurity.gov/pubs/10018.html
Thank you 1171. I have read this several times and if I am reading it right, I will lose if I am on SSDI. Would I have the choice of withdrawing my SSDI claim and just staying on SS retirement? Once WC is settled, could I then reapply for SSDI?
Thank you in advance.
FloridaLady,
Welcome to the forum. My advice to you would be to go to your local SS office, take the information on your WC case, and talk it over with them, They are in the know.
I was already 65 when I was hurt, and had just started my SS retirement. so my case was a little different than yours. I was considered still employed even though I was getting my SS retirement.
My claim was denied for over a year, I collected on my short term dissability untill I was terminated and then filed for unemployment.
Because I was still working full time when applying for my SS retirement , I refused the part B of SS as I still had Ins through my job. When I was terminated, SS then had me take a release form to my employer's HR dept and they had to fill it out stating I no longer had ins through the Co and when it ended. I was then put on part B.
So I feel your best bet is to go and talk to SS, they know all the in's and outs.
Sorry I couldn't help more.
But the way I understand that once you file for SS and retirement benefits that is the way it is. You can not change. Even if I would go back to work now, my SS retirement would remain the same. If you haden't already filed and were not receiving SS it would probably be a different story.
My understanding is , if you are receiving SSDI, and you file for SS retirement Benefits that your SSDI ends. You can't receive both.
Tuffy Wrote:FloridaLady,
Welcome to the forum. My advice to you would be to go to your local SS office, take the information on your WC case, and talk it over with them, They are in the know.
I was already 65 when I was hurt, and had just started my SS retirement. so my case was a little different than yours. I was considered still employed even though I was getting my SS retirement.
My claim was denied for over a year, I collected on my short term dissability untill I was terminated and then filed for unemployment.
Because I was still working full time when applying for my SS retirement , I refused the part B of SS as I still had Ins through my job. When I was terminated, SS then had me take a release form to my employer's HR dept and they had to fill it out stating I no longer had ins through the Co and when it ended. I was then put on part B.
So I feel your best bet is to go and talk to SS, they know all the in's and outs.
Sorry I couldn't help more.
But the way I understand that once you file for SS and retirement benefits that is the way it is. You can not change. Even if I would go back to work now, my SS retirement would remain the same. If you haden't already filed and were not receiving SS it would probably be a different story.
My understanding is , if you are receiving SSDI, and you file for SS retirement Benefits that your SSDI ends. You can't receive both.
I was told when I applied, that if I was approved for SSDI after I started the SS Retirement, that they would make up the difference. I am supposed to draw my first SS Retirement 8/19, when they called from SS yesterday they told me that I would get the SSDI amounts from June on. I don't know what to do. I had other health problems and I guess the ADD was what I was approved for on the disability.
I will keep you posted as we go along to see what is going to happen, I have been told that I will not be MMI for some time, and with the restrictions I have I know I will have problems finding a job I can do. No lifting, walking, just sit. Most of the jobs here are service jobs.
Again thank you for getting back to me. I read these posts several times a day and all of you seem like a really nice bunch.
Nancy Florida Lady.
FloridaLady Wrote:I am in Florida, I was injured 4/16/09. My employer fired me, I am still under drs. care and have not reached MMI. I have been released to work, only if I sit with no lifting/bending/ etc. Since I do not have a job to go back to I am looking but at 62 and with my restrictions, a job is not going to be easy to find.
I applied for my SS retirement since I turned 62, at the same time SS had me apply for SSDI, I was approved in 70 days, first time I applied. My question is, won't I be better off to just keep my SS retirement since WC will not do a set aside, if I go with SSDI it is more per month, but WC will be less. I stand to lose $500.00 a month by going on disability. I know this is long but you all seem so smart on WC.
I need some help as I don't know anything about WC or FL law. I do not have a lawyer, I have received checks from day 1 so I have not had any problems . Thank you
Hi let me help you because I just seattled my wc case last week. Yhe one most important thing that you need to do is find a lawyer. You should have not been fired. You don't have to pay him/her right away until after the lawsuit is over. I fell on the job in a big walk in freezer and totaly pushed my right SI Joint out of line and damaged some nerves in my back damaged dics. I have bad muscle spasms and I fall a lot along with other few things. Your lawyer will ge you a weekly check until you are able to go back to work or if you are in a situation where you can't work anymore he/she will help you get disabiliy. So no matter what your job is thinking or doing to you just go find a lawyer. It is against the law for them to fire you because you can't work because you got hurt. I went and got a really good lawyer i have been disabled now since 2004 and out of work and now just last week I seattled my case and I am doing great. A lawyer will know what to do and you don't pay them until your case is seattled but you will get a pay check every week from them. Please don't waste time call someone.
Kim