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Thanks so much. I am going to call SS first thing Monday morning when they open and see if I can find out anything. The attorneys are saying that if I stop the SSDI application they won't have to do a medicaid set-aside. From the way you guys are talking I think that is just another lie on both their parts. They are also saying that I have to sign an affadavid that says I can't reapply for 30 months. Thats what really sent my radar up. I am going to start looking around for a new attorney Monday as well. I hate to start all this stuff again but i need someone I can trust.
Cap. You are saying that they didn't take your husbands settlement for a set-aside for future medicals, just taking out some every month? I can live with that.
Thanks again

Yes gene..that's exactly what happened. Now they did leave his medical open for life. The insurance co. just started to make a move to close his medical. I'm sure a set a side will come into play with that. But to my understanding there are different ways to do it. An annuity is one, I also believe my husband can take the money but then he is responsible for all medical payments for life that pertain to his back. I'm not sure how this will play out. I will make sure hubby and I both understand this before anything is finalized.

Thanks Cap. This stuff is so confusing. My attorney had me fill out all the paperwork to turn my claim into the catastrophic range since I had been out of work so long but then he didn't turn any of it in. Doesn't medicals for life pertain to the catastrophic? Thats what he said to start with was the reason he wanted me to fill out the paperwork was to be able to stay on WC longer. He said the insurance settlement they were offering already included catastrophic rating without him filling out the paperwork and sending it to them.. Sounds crazy to me. I am just so tired of messing with the whole thing.
Is your husbands back any better, Cap? Did he have to have surgery? I'm sorry you probably have already posted this somewhere. I have aanterior fusion coming up followed by a total knee replacement. I fell off a ladder and have alreday had 3 surgeries on ankle and knee. Thats why I was even talking to them about setttling, I am just so tired.
Thanks for your imput.

Oh Gene..I know. It's so frustrating and scary trying to make the right decisions expecially if you have any doubts your attorney is doing the best for you. That's a big part of it. Yes Hubby had back surgery. Removed parts of 2 disks. Now he still has 2 herniations and the piece of one of the removed ones has herniated also. He has some slight nerve compression at 3 levels and in thepast year has started to grow bone spurs. He has two bad knees and has surgery twice on one. His knees are sports related. I feel somewhere down the road he will need another surgery. That's why I am making sure we both understand all of this. He does receive SSD now and is on medicare. I guess that's why IF he settles his medical for life part of this has to go to medicare and he hates the idea of his money sitting in the Governments hands. But what is the best way??? I don't know yet. If he takes the money he knows he will have to pay for any medial pertaining to his back. I am somewhat in the same boat. Have 5 injured body parts. IF the IC wants to settle in the future I already know my neck will have to be watched for life. My IC is known to only keep medical open for about 6 months. That scares the pants off of me. Dr. has told me at some point I will have to be in an aquatic type fitness setting for life to keep everything in shape and loose but I have to have him tell me when it's time for that. When no more structured PT will help anymore. Wishing you the best. Between the 2 of us and our attorney's we'll get it right.

Cap., if your Husband receives a Medicare set-aside, the Money doesn't go to Medicare. It goes into an interest Bearing Account that your Husband controls, and He pays Medicare from that account. If he should God Forbid Pass-on, the monies in the account goes to you and your Family. If you leave Medical open with w/c, you can bet down the road they will find a way to close it. Medicare will pick-up and pay only after the set-aside Monies are exhausted, but your Husband has control over that account, and again if something happens to him, you receive the balance. If w/c carries his medical for life and he passes you get nothing!! Set-aside is the only way I will settle my case!! I don't want Comp playing with my Money and Medical, and I want them out of my life!! I hope this clears things up a bit for you Medicare set-aside is absolutely the best way to have both control over you medical, and also your Money!!Wink
Limbo ...again you have come to the rescueWink I thought there was a way to put the money aside, earn interest and will it to your family if you wanted. He hasn't even really discussed any of this with his attoreny yet because the IC just mentioned settling the medical. I know his attorney will give him the best advise. He always has both of us. If this money is set aside what do you mean that hubby can control it? I thought once it was put aside it sate there unless needed and then upon his passing ( God forbid) not yet, his beneficiary got it. This is what bothers him that so much money may sit somewhere and he may never use any of it. Can you clear that part up for me?

Yes....call SS office pronto. My IC MD stressed four times at my MMI appmnt to get a lawyer, and file asap for ssdi. Which I did after the visit, as their SS office was right down the road!( I got approved 1st time around within a short time.) I then went to the lawyer after the SSDI stop, hired him, signed med record release forms with him and was given the same advise as the MD gave me. I took the SSDI forms home, filled em out, signed them, and sent them off. (hold NOTHING back on the SSDI form) In less than 3 months I was approved. I now receive WC payments weekly & SSDI monthly. SSDI amount was adjusted because i am recieveing WC....but I still get a fair amount none the less. I would be leary of taking the advise of stopping the SSDI appl. It sounds fishy/shifty to me....and may make your chances of getting approved swiftly a fat chance in He##.
Your lawyer is attempting to line his pockets & perhaps he has a upcoming exotic vacation planned and needs the extra spending money!
Good luck, Lilly Smile
Injured worker, & tired of it all! I'm too old for games!!

A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless!
Thanks so much. I have already learned so much from you guys. When I fell I shattered my ankle and knee so, God knows what is ahead for the future. The back happened when I tried the rehab on the ankle and knee and had to boune on one foot for 6 months. Of course they are now arguing about that, even though their ortho is the one that said surgery. IME is wanting rehab first. My knee and ankle surgeon says no other surgery by him till they fix the back cause of rehab concerns. I am stuck in the middle. I guess this is why they are pushing for a settlement and for me to cancel the SSDI app.
I am so glad I came on here for answers. Knowledge is power and someone once told me that I was the worst nightmare for a lawyer cause I dont roll over and let them call all the shots.
Thanks Lily. I am currently receiving a small amount from a long term disability insurance from my former employer and they are the ones who signed me up with a company to get me on SSDI. it was offset for WC too. When I contacted this company about stopping the app they said they had never heard of anyone doing that. I was just trying to make sure I wouldn't get into any trouble with them if I had done it. I have heard from several people that said if you are not careful that SS can come back on you years later and take double and triple your settlement. Thats one scare tactic that the attorney is using, too.
I just do not know what to do and I know the attorney is going to call again tomorrow with more "great news" from WC about settlement. I wish someone had a formula to use so I could throw it back at them and say these are the numbers I am getting for "disability, out of work time, etc." how are you getting yours.

You LTD company is not exactly looking out for you by getting you signed up for SSDI. They are looking out for their own pocket book. If you get approved for SSDI and are also on WC then you get the minium payment from LTD, that is why they want you on SSDI. Not to help you.

Although in saying that, it is good that you applied for SSDI. I was 1 year into my claim for my injury when I sought legal help for WC. The first thing my WC lawyer asked me was if I had applied for SSDI. She then told me I would be denied the first round and gave me the card for a SS lawyer. I did end up using the SS lawyer and did get my SS at our first hearing. Therefore, when I say what I did about LTD not looking out for you but their own pockets, my LTD was cut to the minium $50 a month.

The longer you delay in filing for SS you stand the chance of being penalized regarding what you will draw. You have to be working and paying into SS to have current working quarters that is paid into by you. If you have no current working quarters you paid, your amount you draw will be decreased.

Limbo is so correct with what he has told you regarding lawyers. Also when a settlement is done the lawyer cannot touch what is allowed for medical in your settlement. Follow Limbo's advice, he know's what he is talking about.

I hope this sheds a bit of light for you.

Also, Welcome to our family forum. Everyone is here to try and help each other no matter what the problem may be.

Take care and God Bless you.

Cajun Hugssssssssssss,
Lumbar Laminectomy L5 - S1, Lumbar Disectomy L 4 -5, Cervical Microdisectomy C-4 -5, Cervical Anterior Fusion C 4 -5, Cervical Anterior Fusion C 5 - 6, Lumbar Disectomy, Laminectomy and Foraminotmy L 3 - 4, Cryo Surgery Lumbar. --Ongoing Problems.. Permanently Totally Disabled.

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