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mom2twokids · 10-13-2010, 12:56 PM

My husband was injured in July 2008 (PA) and we thought things were finally moving along.. We finalized the disfigurement amount in August and the insurance carrier has actually already paid my husband that money. In August I asked his attorney if we could file for SSDI and he said yes but asked if we could hold off b/c they were talking settlement and it makes it harder on everyones end. Well it is now mid-October and I sent another e-mail yesterday asking the status of the settlement b/c if they are not interested in settling my husband will be filing for SSDI and our attorney said he will call them and tell them they have 2 weeks to decide... I just feel like if i keep holding off they are just going to keep playing around with us...

Now I am second guessing my decision... I thought that maybe b/c they paid the disfigurement right away that they were serious about settling...

Any advice or anyone been through something similar?

Thank you.

1171 · 10-13-2010, 07:57 PM

don't jeopardize your family's finances waiting for comp; they do things in their own time.

jayne · 10-13-2010, 08:08 PM

one of the reasons your lawyer wants you to wait is if you are on SSDI or appling for SSDI they will ask for a medicare setaside this takes time and puts less money in your lawyers pocket as it is money he cannot take a % of......

Manley2 · 10-13-2010, 09:33 PM

Not sure how long it takes to get SSDI in your state but for me it took 2 and half years to get thru the process and get SSDI.

10-14-2010, 10:16 AM

It is more than just the additional time, the need for a set-aside, depending on the amount required by Medicare, can actually prevent a settlement from ever happening.

~~freebird~~ · 10-14-2010, 04:29 PM

Timothy Belt Wrote:It is more than just the additional time, the need for a set-aside, depending on the amount required by Medicare, can actually prevent a settlement from ever happening.

This is so true. I thought we had settled in April 2009 BUT the Medicare set aside came in higher than what the IC wanted it to be/or pay. Anyway, because of my high MSA cost, the IC will not settle and you cannot force a settlement.

Manley2 · 10-14-2010, 07:59 PM

So if you are off work getting TTD and they don't want to settle do they just keep paying you TTD?

jayne · 10-14-2010, 08:29 PM

no it will turn into PPD and will pay out over X amount of weeks...

10-15-2010, 08:55 AM

Manley2 Wrote:So if you are off work getting TTD and they don't want to settle do they just keep paying you TTD?

In PA an injured worker is potentially entitled to TTD benefits for the rest of their life. There are many ways for the IC to challenge these benefits, but theoretically, yes they could just keep paying TTD.

jayne · 10-15-2010, 02:03 PM

cool nice state..... here in Okla once you have hit MMI you go to PPD