Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
WC and SSDI
#1
WC attorney and mine wants me to shut down SSDI application before they will attempt to come to terms for a settlement. They say that if I don't, social security will take any settlement for a set-aside. I have 2 surgeries pending but they are willing to leave medicals open for a year to get those done. If I have the surgeries it doesn't look to me like it wuold make any difference if I get on SSDI. If I shut it down I can't reapply for 30 months and that is a long time without medicals. Does this make sense to anyone? I have been on WC for over 2 years and was fired from my job after the first 12 weeks so I need some form of insurance even if I settle I probably can't get any with my medicals history. Any help is appreciated.
 
Reply
#2
If you shut down that appl. and settle, Your Attorney is going to make more money, and the i/c is only going to treat you for one Year! That's absolutely Great for both of them, but when you reapply for SSDI you will be turned down until all of your settlement Money goes towards your Medical!! Find a New Attorney Today, you have one that's looking at his pocket only and it sounds like He's getting a payoff from the i/c also!!!Tell them NO, and find NEW COUNSEL NOW!!!Rolleyes
 
Reply
#3

Hi Gene.....I have to agree with all Limbo said. My husband had not been approved for SSD yet when his case was settled. It all has to do with the wording in the settlement papers. Sounds like your attorney is not working in your behalf. What a disgrace. there is no one to trust in the WC system and when you can't trust your own attorney, it's a crime.


CAP
 
Reply
#4
capricorn Wrote:
Hi Gene.....I have to agree with all Limbo said. My husband had not been approved for SSD yet when his case was settled. It all has to do with the wording in the settlement papers. Sounds like your attorney is not working in your behalf. What a disgrace. there is no one to trust in the WC system and when you can't trust your own attorney, it's a crime.


CAP
 
Reply
#5
Thanks, that is exactly the feel that I am getting. Do you mean that even if I stop the apps and reapply later that I wont be able to get it till all the settlement is used for medicals? I was hoping to get to pay off my old car at least with what little bit they are offering. I've already been turned down 1 time and probably will be again and again. I thought if WC put the open medicals in that the attorney couldn't touch that part. He has been trying to get me to settle without the opens for 6 months and I refused. The amount they were offering wasn't going to be enough to pay for my remaining surgeries, I did the research. Come to find out he had got the medical cost from the internet instead of where the surgeries where going to be performed. Classy, huh.
If I fire this guy how much of any settlement does he get. GA laws says 25% but I don't know if that includes expenses. He is the 2nd one I have had since this mess started, the first wouldn't even meet with me in person or return my calls. I guess the 25% is not enough for them to have to work for. They are both well-known WC specialists.
 
Reply
#6
Cap. Did your husband have to pay back social security or did they take out some of his settlement? Just wondering. I haven't been approved yet either.
 
Reply
#7
Gene, you have to understand that the Attorney you have has given you advice that is only going to line his pockets and leave you out to dry. Call your Local SS Office and ask what would happen if you followed your Attorneys suggestion! You will find out real quick where you stand! And Medical being left open for 1 year for two surgeries is not a gift, it's a JOKE! What's going to happen to you if you have complications from your surgery 1 year and 1 day after your time limit? You are going to be out in the cold!! You need a competent lawyer on your side and not someone looking out for their own pocket. I am only telling this to you for your Benefit, I HATE to see a I/W being taken for a ride, and if you agree to this, that's exactly what is going to happen!!!Sad
 
Reply
#8
Thanks Limbo. That is exactly what I thought but when you are hurt you tend to listen to the wrong people. Thats why I was looking on here. I figured someone who had had to deal with these things would know more or at least would tell me the truth. I appreciate the imput. Does SS let you call and ask questions anytime or do you know? I have heard so much about this stuff that I don't know what to do anymore.
 
Reply
#9


Gene....Sorry I didn't get back to you sooner. Hubby was injured in '03. Applied for SSD in '04. Was denied within 30 days. Settled his WC case in Sept '06. Was approved for SSD Dec.'06. His settlement papers had the right wording so that IF he was appproved for SSD they would only take x amound of $$ out of his SSD check to compensate for his WC settlement. It's niminal. Let's say under $100. It's all in the wording in settlement papers as to what happens if you're approved after settlement for SSD. He did receive a notice from SSD that they think they overpaid him in his backpay. He sent all info back to them at least 3-4 months ago and we haven't heard anything yet. Our attorney told us this happens. Sometimes whoever calculates SSD messes up and does it wrong. So far it appears that they were just questioning it and he doesn't owe SSD anything back. Did that clear it up any better?


CAP
 
Reply
#10
The big problem with this situation Cap. is they only want to leave Medical Open for 1 Year, and Gene needs two surgeries!! And they mentioned nothing about Medicare Set- Aside or wording, they told him to stop his application he has already sent into SS! This is nothing but an Attorney working with the i/c Attorney to come out ahead, and Gene is going to be out in the cold!! This is probably the worst case I've read of Attorneys doing wrong, and I hope Gene gets rid of them and soon!Smile

And Yes Gene, call your Local SS Office, they may make you make an appointment, but it sure would be worth it. I wouldn't do a thing until I spoke to SS at this point!
 
Reply
  


Forum Jump:


Browsing: 1 Guest(s)