Won Soc. Sec. at hearing. Have ?'s.

[lfoster21]

Hello all, well the good news it that I went to my S.S. hearing and after all the ?s were asked of me by the judge and by my lawyer, the judge asked the work specialist (sorry forgot his title) if he could find me a job with my restrictions and he said that he would not be able to. The judge asked him if he wanted to question me and if it would make a difference, and he said that it would not make a difference. Then the Judge said that he agreed and that he would approve the diability.

Here are my questions: 1. How will this affect my W/C settlement etc. (I do realize that any amount that I get from SS, it will have to go to pay W/C up to the amount that they have been paying me.) 2. Once the judge makes his determination, what happens next. Will they send me a letter stating the amount and also, how long does this usually take. 3. Since I will have medical with SS, in 1 year, when I settle with W/C, should I take the larger amount of money and have them only keep the medical open for 1 year?

Anything else you all know about the affect SS has on Wc cases, would be grateful.

Thanks.

[capricorn]

lfoster>>>1st let me congratulate you on a favorable decision. To my understanding SSD will pay you in excess of your WC check no more than 80% of what you were making at the time of your injury. I hope that helped. We love good news.


CAP

[Lilly]

lfoster!
Congrads to you!!
We LOVE good news!
Take care & rest easier, Lilly

[Bummer Knees]

While I was on TTD & SSD at the same time, I Recieved My TTD check minus the 25% the attorney got of each check.

Then I got a check from Social Security for the amount that was paid to the attorney.

[lfoster21]

Thank you guys. I wanted to make sure I did not jump the gun with the social security, but it sounds like it is ok. When I settle with W/C, will social security get a big chunk of that money?

Once again,thanks. I can rest assure that I haven't done it wrong !

[capricorn]

no lfoster...SSD won't get a big chunk. BUT the wording in your settlement papers has to allow for future SSD. In my husband's case they broke his settlement down over his expected lifespan so SSD deducts I think something like $60 from his monthly check. The proper wording i belive is called "Utica Mohawk something or other" Limbo is the king of this. Trying to fill in while he's hurting I will not be too good at LOL. Hope that helped.


CAP

[AQA]

CAP, you are correct. I have read it written two different ways. Utica Mohawk Clause and Utica Mohawk language.

IFOSTER21, I don't recall if you have retained a WC attorney. If not you may need to. Before you setttle with WC you will need a medicare set aside fund.

[capricorn]

thanks for jumping in AQA>>> sometimes when I'm sure but not how to word something i get nervous. DOn't want to lead anyone down the road street.


CAP

[lfoster21]

Thanks you all so very much, you have answered my questions. I do have a W/C lawyer and I would assume she knows these words, but I will definatly mention it to her.

BTW, what is a medicare set aside fund? How do you get that, by wording that in the settlement agreement, as well. Or is it something seperate from the W/C settlement?

[DH's better half]

Here is an explanation I found and a website for the 'Mohawk Utica Language/Hartman Language':
IF You receive a lump sum settlement from WC, or any other sources for that matter, SSDI will take an offset IF you don't have the "Utica Mohawk" or "Hartman Language" written into the WC lump sum settlement.

That "language" spreads the lump sum over a period of time so SSA will only take that month's allotment into account when figuring for an offset. Most states WC laws pays PPD based on a total number of weeks multiplied by your current TTD amount. Having the "language" in the settlement tells SSA that you are basically being paid at the same rate you are now and it spreads the money out over the length of the assigned weeks for the PPD. If that assigned amount per month combined with your current SSDI monthly payment does not cause you to go over 80% of your AWW at the time of your injury your current SSDI benefit amount should not be effected in any way.

However, NOT having that language will cause SSA to offset up to several months your entire SSDI benefit amount. I do not know the exact formula they use. What I do know is if you are currently drawing a $2,000/mo SSDI benefit and you don't use the "language" to prorate the lump sum settlement and for the sake of argument let's just say SSDI offsets you for 15 months you will be loosing $30,000 in SSDI benefits that you would otherwise be paid. Money you will NEVER see. There is NEVER any reason NOT to have the language Incorporated into your WC lump sum settlement. Even for people not currently approved for SSDI it IS the thing to DO just in case they were to apply for and be approved for SSDI. It eliminates the possibility that SSDI will withhold funds due to the WC lump sum settlement.

http://www.jjcelderlaw.com/SSDIOffsetMSABull.htm

IF you are going to be eligible for Medicare within 30 months, then you need a 'Medicare Set Aside also':

Federal guidelines clearly specify that Medicare's interests must always be considered (regardless of the amount of the settlement) before settling a worker’s compensation or personal injury claim if the claimant is a Medicare beneficiary.

Those who are not currently receiving Medicare benefits are obligated to establish a Set-Aside fund if both of the following conditions are met:

There is a "reasonable expectation" of Medicare enrollment within 30 months of the settlement date, and
There is an anticipation of receipt of a “total settlement” of more than $250,000.
http://www.paulmdeutsch.com/FAQs-medicar...asides.htm should answer some questions until you speak with your attorney.

Congratulations on SS!