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I've seen people get SSDI without a 100% finding. I'd recommend appealing that decision. The initial rejection rate is somewhere above 90%.

Your attorney obviously wants the 100%, which would be getting paid at your TTD rate for life. I'm not certain how she actually thinks she's going to get that, since with the AMA guides it pretty much takes being a vegetable to hit that make. If course, the more she gets, the better her cut.

The DOR bit was about getting the matter before a judge at the board. It forces the parties to be present, and in theory settlement discussions would take place. To be frank, there is virtually no way the carrier is going to settle via C&R given an 85% impairment rating. That would be something like $180,000 plus the life pension plus future medical care (which with the rating I imagine would be extensive.) They might be willing to do something like a structured settlement, and you can formulate those to get more money up front. (The structure allows them to pay you what you are owed at a significant discount via an annuity.)

I would strongly recommend asking the judge for a commutation. Heck, you can have your attorney request a PDA from the carrier and try to get an arrangement informally.

(09-15-2012, 12:46 AM)1171 Wrote: [undefined=undefined]SSDI has no effect on whether you need an MSA.
Medicare controls MSA not SSDI. [/undefined]

This information is incorrect.

If the claimant has applied, been denied, is in the process of applying for SSDI, is expected to receive a settlement value of more than $250 K or expected to be eligible for SSDI within 90 dayss of projected settlement date .............. THEN yes, an MSA account would be REQUIRED by medicare. Reason for this is to protect Medicare from footing the bill for all future medical expenses. The accounts value is determined upon the average costs incurred related to the WC injury over the most previous 2 years.

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