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ssdi offset
#1
Hello All,

State MO.

I hurt my back at work in Oct of 2009. Reported the injury to my boss
who was very supportive and called the Hr director to schedule an appointment with the Dr. After about 15 min he informed that he was told since it was my back I would have to seek my own medical treatment. He was as upset as I was. Forced to use my vacation time
I went to my doc who had been my primary for 25 years. He ordered a MRI. Was diagnosed with two herniation of L4 and L5. Not being to return to work he wrote them a stern letter to refer me at once to see a back specialist which they ignored.
They put me on FMLA five days after the injury. Then on Dec 9 they called and said they were going to turn it in as a WC injury. Well it did not take a brain surgeon to figure out that I would be denied because they used the Oct date so it surpassed the 30 day reporting period. Retained an ATTY.

With no income coming in I applied for ssdi in July of 2010. Much to my surprise I was awarded benefits with backpay from May 2010. Now the IC seems to want to make things right by providing surgery
and two years of TTD. So I guess my question is understanding the 80% rule would that start on the May date or go all the way back to the original dateof injury. I received no income from Oct 09 to May 2010

Thanks,

Jazzmo
 
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#2
Quote:After about 15 min he informed that he was told since it was my back I would have to seek my own medical treatment.

That was an outright LIE. ANY injury arising out of, and in the course of one's employment is a compensable injury under the law.

Quote:Then on Dec 9 they called and said they were going to turn it in as a WC injury. Well it did not take a brain surgeon to figure out that I would be denied because they used the Oct date so it surpassed the 30 day reporting period.

You didn't miss any reporting period. The 30 days applies to reporting your injury to the employer, which you did. In MO, you have 1 year from the date of injury to actually FILE the WC claim with the Insurance Carrier (and the State). Clearly, THAT requirement was also met, since the claim was filed within 1 year by the employer.

Quote:Now the IC seems to want to make things right by providing surgery and two years of TTD.

Trust me, they aren't trying to make it right, they're doing what the law requires them to do (finally) as this was a legitimate WC claim. I would have to guess your attorney had a hand in getting this done.

Quote:I guess my question is understanding the 80% rule would that start on the May date or go all the way back to the original date of injury.


It would be retroactive to the date of "disability" from the injury, not necessarily the date of injury. The first day you lost wages, and were unable to work, based on eligibility, would be the target date.

Understand that the SSDI considers a different disability date than WC does. SSDI determined you were disabled as of May 2010. Your WC disability began Oct 2009. The 80% rule will only apply from May 2010, but the back pay of TTD would go back to Oct 2009. Any TTD benefits owed to you from Oct 2009 to May 2010 don't apply to the offset for SSDI; only those from May 2010 going forward.

DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
 
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#3
jazzmo,bet your head is just spinning isnt it? your best bet before you do anything is to head to your local SS office and sit down with your worker....before you go find out from your lawyer what is his cut from your WC check and what the amount of the check per week/month is gonna be and take it to them.they will then decide how much back pay is owed to them from the check and how much if any you will get to keep.Till then to worry is paying interest on a debt you havent made yet.
........I love cats, I just cant eat a whole one by myself......







 
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