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Utica-Mohawk Agreement Here's the Information
By Posting it to it's own thread, this will be the only Work Comp Message Board (Forum) that has it, and the correct information. I do think it's a very good idea to give this Utica-Mohawk Agreement it's very own (Post) (Thread). This way we and others can go back some day to use it. By just doing a simple search for it. What do you think? And if you have more to add to it, please do so if you like. I find your hard work behind this will pay off for others some day.

Utica-Mohawk Agreement

Claimant requests the Commission approves the allocation of the proposed settlement as follows:

1. $XX,XXX.XX as attorney fees and $X,XXX.XX as costs; a total of $XX,XXX.XX.
2. $XXX,XXX.XX in compromise settlement of disputed past and future compensation benefits at the rate of $XX.XX per week for a period of 1,470.51 weeks (claimant's life expectancy), commencing October 11, 2007 as interpreted by the South Carolina Supreme Court in the decision of Orr v. Utica-Mohawk Mills, 227 SC 226, 87 SE 2d 589 (1955).
3. It is not the intention of the employers/carrier or Claimant to shift responsibility for paying future medical expenses related to this claim to the Federal government. As an integral part of this agreement defendants agree claimant is entitled to causally related medical care which would tend to lessen claimants disability.

I hereby approve the allocation of settlement proceeds set forth above and hereby order that this allocation be followed.

Timoty Belt Attorney here at this Board, writes his client this way;

RE: Lump Sum affecting SSDI

Here is the language I use.

The parties agree the payment of $________________.00 represents payment of all future medical expenses and wage loss/indemnity claims payable to the Claimant for the rest of his or her natural life. Attorney's fees in the amount of $_________.00 are being deducted. No portion of this settlement is being specifically attributed to future medical expense. Accordingly, the Claimant will therefore net the sum of $__________.00 as payment for wage loss/indemnity benefits for the rest of his or her natural life. The Claimant is ________ (___) years old (born ________, 19___), and his remaining life expectancy is _____ years or ____ months (pursuant to the Center for Disease Control (CDC) Table 1 (All American Table), United States Life Tables, 2004. NVSR Volume 56, Number 9. 40 pp. (PHS) 2008-1120. (online version)). Therefore, even though the above amount is being paid in a lump sum, for the purpose of determining any offset by the Social Security Administration on account of the Claimant's receipt of this worker's compensation settlement, the Claimant's net payment of future wage loss/indemnity benefits in the lump sum of $______.00 over ___ months amounts to an equivalent monthly payment of $______ per month ($_____.00 divided by ___ months = $_____ per month). The commencement date represents the first day following the last payment of workers' compensation wage loss/indemnity benefits. The offset rate stated herein is set forth specifically to comply with the Social Security Administration's POMS Section DI - 52001.555 (4). See Sanfilippo v. Barnhart, 325 F.3d 391 (3d Circuit 2003).
Bad Boy

IS this what I need to have in place prior to settlement time, I am on SSD?

My attorney has mentioned something about setting money aside at settlement.

Will this lower the settlement amount?

I would like to think I would no longer qualify for SSD and be able to go back to work come settlement time.

Bummer.....this language needs to be put in your settlement papers. I believe a set aside is only for medical. In my husband's case it did not lower his settlement amount, it was in addition to it since he settled with open medical for life. I understand that is very odd in the majority of states. To my understand and maybe we can work through this together as hubby would also like to return to some form of employment once he is through with his cancer treatments. I "think" certainly not sure that you can go off of SSD. I told hubby I thought his best bet was to try the "ticket to work" option which allows you to work and collect SSD for a period of 6 months to see if you can do it. You can only make I believe $850-$900 on your job though. My biggest question is , if you return to work and stopp SSD does the medicare go with it? I'm assuming it does and that would be a problem for us. When I settle my case our health insurance goes with it so unless we start paying for it we will both need medicare and a supplement.

Badboy and Tim>>>>>>Thanks a million. Sorry I went on and on. Tim your wording is exactly the same as what my attorney puts.Wink


In my state vocational trainning is not mandatory and few IW end up with it.

I can get vocational trainning through social security as soon as the doctor gives me the okay.

Bummer....vocational rehab is also available in my state. I think I'm confused as to what VR has to do with the language in settlement papers or going off of SSD> do you mind explaining. My mind hasn't been the same lately.

I was given 2000 for voc rehab.......I chose to keep my SSDI...with all my restrictions even a door greeter at walmart would have been outside my restrictions......
........I love cats, I just cant eat a whole one by myself......

Bump........ Up the list.....
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
That is very VALUABLE info. for states that have the option of open or closed medical and the individual is approved for SSDI.
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. After going back to school, I received my degree as a mechanical engineer. What can I say, it was the only way I had to beat the system. 
Yes it is. As more seem to settle, I thought it be put to some good use again soon...

See the date I started this Thread.....LOL...
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.

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