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Any idea, Please help - BackPain2011 - 05-29-2014

Hello,

I have L4-45 Disk Lam, 2 Epidural, Work Harding 3m, PT 1 Year & A Half, FCE Prove Was Not Able To Return To Work and job didn't have work for me. Still in Pain And On meds. I'm 34 Yrs Old On SSDI Here In Illinois, Lower Back I4-I5 Work Injury Was In 4/2011. SSDI Was Given This Year And Still Receiving WC Check. I Was Told That My Case Would Be Settled On A wage Differential Basis 3 month ago. Now I'm Given A Low Number from my lawyer telling me this is what my case is worth. That Didn't Seem Like It Was Based On The wage Difference since I cant return to work. I Was Told By One Of My Attorneys That Because I Was On SSDI Now It's Like I Took Myself Off Of The Job Market And It Changed Things. I Received A Fully Favorable Judgment From SSDI That States That With My Restrictions There Is No Jobs In The United States That I Can Do Right Now. This Does Not Make Any Sense To Me. Can Someone Please Shed Some Light On This Situation.


RE: Any idea, Please help - 1171 - 05-30-2014

social security and Illinois workers comp do not use the same disability standards.
social security DI considers disability from all work activities for 12 months to be qualifying.
for settlement purposes workers comp is looking for the more permanent and longer term affects from the injury.
being unable to work for 12 months is less disabling then being unable to work any job for the rest of your life.
workers comp would have a better idea of how much the difference in wages would be worth if you had a job to compare.
without such a comparison documentation for wage differential is subjective and difficult.
I'm surprised your atty was not able to explain it better.
you do know SSDI has an 80% offset on your settlement....


RE: Any idea, Please help - BackPain2011 - 05-30-2014

(05-30-2014, 12:00 AM)1171 Wrote: social security and Illinois workers comp do not use the same disability standards.
social security DI considers disability from all work activities for 12 months to be qualifying.
for settlement purposes workers comp is looking for the more permanent and longer term affects from the injury.
being unable to work for 12 months is less disabling then being unable to work any job for the rest of your life.
workers comp would have a better idea of how much the difference in wages would be worth if you had job to compare.
without such a comparison documentation for wage differential is subjective and difficult.
I'm surprised your atty was not able to explain it better.
you do know SSDI has an 80% offset on your settlement....

well I had to go to court SSDI, it was found that I was not able to find any work at any job. my SSDI is offset because of WC. I haven't been able to work since 2/2012 was my last day at work. I was sent back to work then to see if I was able to work 3 hrs a day for five days a week. didn't work out well. I understand about the offset, I was told about added language that will be added into settlement agreement.
I was wondering by me being on SSDI how do that change me settlemn


RE: Any idea, Please help - BackPain2011 - 05-30-2014

(05-30-2014, 12:00 AM)1171 Wrote: social security and Illinois workers comp do not use the same disability standards.
social security DI considers disability from all work activities for 12 months to be qualifying.
for settlement purposes workers comp is looking for the more permanent and longer term affects from the injury.
being unable to work for 12 months is less disabling then being unable to work any job for the rest of your life.
workers comp would have a better idea of how much the difference in wages would be worth if you had job to compare.
without such a comparison documentation for wage differential is subjective and difficult.
I'm surprised your atty was not able to explain it better.
you do know SSDI has an 80% offset on your settlement....

well I had to go to court SSDI, it was found that I was not able to find any work at any job. my SSDI is offset because of WC. I haven't been able to work since 2/2012 was my last day at work. I was sent back to work then to see if I was able to work 3 hrs a day for five days a week. didn't work out well. I understand about the offset, I was told about added language that will be added into settlement agreement.
I was wondering by me being on SSDI how do that change my settlement from wage diff to just a #.......and how do atty come up with a number


RE: Any idea, Please help - 1171 - 05-30-2014

in Illinois settlement amounts are usually based on similar cases and factors.


RE: Any idea, Please help - BackPain2011 - 05-30-2014

(05-30-2014, 01:16 PM)1171 Wrote: in Illinois settlement amounts are usually based on similar cases and factors.

whats gets me is, I seen him in Feb. I was told someone will call me with some figures. I never received that call. yesterday I get a call saying would I settle for xx,xxx.xx! I said no, she got upset with me a bit. I told her I wasn't inform of nothing since feb. now you asking me if I would settle for this amount, and I can return back to the same job field or any other job with my condition.
can I find another atty, if he don't have my best interest in mind. if I do what could happen?

Thanks for your help


RE: Any idea, Please help - California_Help - 05-30-2014

You can consult with other attorney's, but they may not get any higher amount of a settlement. It is up to you. I do not recommend letting your current attorney go until you hire another one first.

Attorney's make a % of what you get...so hopefully they are trying to get the highest amount possible. I would recommend asking your current attorney to give you a break down as to why they are giving you the amount he proposed, and how they came to that amount. Maybe that will ease your mind. If not you can consult with other attorney's.

SSDI states you cannot do any job for at least a 12 month period. SSDI can re-evaluate you later. Some people improve and re-enter the job force, but usually in another field less physical.




RE: Any idea, Please help - BackPain2011 - 05-30-2014

(05-30-2014, 06:46 PM)California_Help Wrote: You can consult with other attorney's, but they may not get any higher amount of a settlement. It is up to you. I do not recommend letting your current attorney go until you hire another one first.

Attorney's make a % of what you get...so hopefully they are trying to get the highest amount possible. I would recommend asking your current attorney to give you a break down as to why they are giving you the amount he proposed, and how they came to that amount. Maybe that will ease your mind. If not you can consult with other attorney's.

SSDI states you cannot do any job for at least a 12 month period. SSDI can re-evaluate you later. Some people improve and re-enter the job force, but usually in another field less physical.

just spoke with atty, I understand the break down but the minimal wage amount the atty used to figure # is $9.50 Illinois minimal wage is $8.25 big difference!!!!! I think I will need to talk with another atty to see if im right or not!

thanks again