Lump sum payment and SSDI

[dknxvll]

(07-08-2011 03:04 PM)Manley2 Wrote:  I don't think there is anybody that has been here for very long that will ever give you bad info. It might not be what we want to hear or the way we would like it but it's going to be pretty good info. One of the big problems in WC is there is just too much info that is needed to give the best answer some times. And even with every piece of info on a case it still doesn't always work out they way you think it should. Trust me on the employers side they are always looking for a new angle to screw us with. Sometimes all the folks on here can do is help guide you where to try and find some answers. And we all have our good days and bad, please just don't jump on anybody too quick and I think you will find this is about the best place to go and find the help you need. I'm not a couple of hundred years old yet like some members but there are days I sure feel like it.

I hear you and understand, but seriously just saying "no" and putting a link to the SS site that just says pretty much 'report to us if you get a lump sum wc or other type check, so we can take money off ur check' was a pretty poor reply, for a senior member IMO. Just read my thread/question and look at the replies after 1171's....didn't cross 1171's mind to mention Utica-Mohawk Agreement??

A simple 'I don't know' or 'I don't feel like giving any real helpful info to the thread' would have been better. I just wanted a 'heads up' since I couldn't talk to my lawyer til Monday and just like a lot of people do, I sought out fourms to ask questions and get 'advice'.

My question was NOT will my lawyer do it, or will the SS agree to it, or will a judge over rule it...it was, 'I'm getting a lump sum from WC, im on SSDI, can they take my checks or the lump sum check away? IF SO, is there anyway or anything I can do to 'lessen the amount they take?'

Answer: Yes they can and Yes there is...it's called Utica-Mohawk Agreement. Tell ur lawyer to make sure to word it right, here is a 'helpful' link......... it's a copy of what the lawyer on this fourm writes up for his clients' etc etc etc...

Been on loansafe.org and ADA a long time, so I know how I would answer a newbies question is all. Like I said, account 7 days old and 2 posts under someones belt, I'd expect a click, copy and paste of the SS website.

I'm sure this is a really great fourm and helps a lot of ppl......my accident occurred Oct 29th 2007 and it's just now ending...and that's with them not accepting the claim, just going to settle with me to get it off their desk. Wish I'd known what kind of hell was ahead of me..I would have been here sooner! I've got quite a bit of info to take to my lawyer Monday, just to make sure it's in my settlement papers.

[jayne]

glad we were able to help

[Manley2]

Glad you got help and pray your case is ending and the way you want it to. Mine started in 2005 and may never end

[Wink]

(07-08-2011 08:46 AM)dknxvll Wrote:  Well, it's pretty simple, my thread/question was...... will SS put some kind of 'hammer' down on me/my SSDI check if I get a lump sum WC check? If so, is there or has there been a way to avoid or lessen the amount SS may or may not take from my SSDI check? You say there isn't from your first reply, others say there is.

Maybe you got 'burned' in your case or denied SSDI or having issues, so hence the 'nope, nothing can be done' type replies to my thread....whatever the reason for the 'generic replies', I do agree, there is no information you can give me.

For anyone else, I'm not sure if this matters, but my SSDI is around $1000 a month, WC settled for around $5000 with lawyer getting 20%..... that leaves around $4000 for me.

Sooo you are on SS Disability (disabled) and all you're getting from Workers Comp is $5000.00? Is that what is left over from the Tenn. max. after 4 years of weekly payments? Just curious.

[dknxvll]

(07-09-2011 01:32 AM)Wink Wrote:  

(07-08-2011 08:46 AM)dknxvll Wrote:  Well, it's pretty simple, my thread/question was...... will SS put some kind of 'hammer' down on me/my SSDI check if I get a lump sum WC check? If so, is there or has there been a way to avoid or lessen the amount SS may or may not take from my SSDI check? You say there isn't from your first reply, others say there is.

Maybe you got 'burned' in your case or denied SSDI or having issues, so hence the 'nope, nothing can be done' type replies to my thread....whatever the reason for the 'generic replies', I do agree, there is no information you can give me.

For anyone else, I'm not sure if this matters, but my SSDI is around $1000 a month, WC settled for around $5000 with lawyer getting 20%..... that leaves around $4000 for me.

Sooo you are on SS Disability (disabled) and all you're getting from Workers Comp is $5000.00? Is that what is left over from the Tenn. max. after 4 years of weekly payments? Just curious.

Well, as stated in a prior post, they are not saying this is a valid claim << forgot the exact wording but they are pretty much saying we will give you the max that Tn has set for this type of claim ($5000) to pretty much get it off their desk.

It's too late here to go into the whole long cluster f*&k I have went through with these clowns, but I only had 3 months of wc checks til my job found me light duty, then fired me when I couldn't do what the pos WC Dr. said I could. My first lawyer dropped me stating because he didn't think he could get me enough money :/ This ended up going to the State labor dept because the wc was refusing to do anything. So then i got a panel, picked a Dr. and this guy was a total jack arse from the word/s 'workmans comp'.

I had enough and went to a pain clinic (not the one where the police are taking down ur tags) on my own dime and was treated like a person. So I will take the $5000 and cut all ties with this case and continue to go to this place that is helping me.

I applied for SS not SSI and got it in 09. Before SSDI my wife's job paid the bills...lost my truck, went into ch13 to save our home....... typical wc horror story I'm sure.

I'm hoping that if SS takes $$ from my check because of this, it won't be a lot. I'll bring what I've picked up here to my lawyers table...I'm sure he prob already knows what to do, but just incase he doesn't, I'll have it for him.

Oh, I lol @ the all ur getting is $5000......when ur poor and on a fixed income, $5000 is a lot I'm sick of the bs from WC, we have 're-bounded' for the most part, so $5000 is better than none and can be put towards school clothes for our kids and maybe season passes to Dollywood for them.

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(07-08-2011 11:27 PM)Manley2 Wrote:  Glad you got help and pray your case is ending and the way you want it to. Mine started in 2005 and may never end

Thanks man, I know it may seem hopeless but hang in there and stay on the fourms, post any and all of ur updates with ur case........ and try to grin and bare it when having to jump through one of the thousands of WC hoops.

Best of luck to you.

[dknxvll]

Just an update so to speak...my lawyer did have the 'language' put into the settlement papers. He said they always draw it up that way with any work comp case, so if the person is not already on SSDI, it won't mess them out of getting it in the future.

He said that I will more than likely have an offset from SS in the future, but it should be minimal at best.

Thanks to the ppl that let me know about that language, even though the lawyer puts it by default, there could have been a chance he didn't and I wouldn't have known anything different.

Good luck to the ones who come here that are going through the workman comp BS circle jerk, good info on here, and hope it all pans out in the end.

[jayne]

thank you