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Sheltered workshop/Sheltered Work Environment
#1
Hello, a little less naive than before. The 63% partial desgnation, reduced from 100% total disability was from the calculations based on my husband working in a 'sheltered workshop.'

I know that I read somewhere but I can't find it - that sheltered workshops and special environments are not part of that calculation.

I am in Nebraska and am hunting through the SS but I simply can't find it.

Can someone please let me know if they've run across this and where that information is?

Thanking you in advance.

Maggiemay
 
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#2
social security has a number of different programs from retirement to disability to survivor benefits etc.
what benefit or program are you referring to?

this might help
http://www.socialsecurity.gov/pubs/10501.pdf
or here
http://www.socialsecurity.gov/OP_Home/ru...si-45.html

you can search the social security handbook for more information
http://ssa.gov/OP_Home/handbook/handbook.html
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
I apologize, I am referring to a workers compensation determination.

In NE. My husband's Loss of Earning Potential (determines total or partial, lifetime or 80 week benefits) was dropped from 100% total permanent to 63% partial because the Voc Rehab specialist cited 'Sheltered Work' at sub minimum wage as a potential source of income.

Refer to thread for details: http://www.workerscompensation.com/forum...e=threaded

I was under the mistaken assumption that the insurance company had lowered the percentage, instead, I discovered that the Voc Rehab specialist had done so based on his opinion that Jerry has ability to 'work' in a sheltered environment.

The NE statute and several cases say Well Known branch of the LABOR MARKET. I am looking for something that specifically excludes or includes 'sheltered' work as being part of that 'General Labor market.'

This is what I have found in the Statute (SS 48-121):

In a workers’ compensation case, total disability does not
mean a state of absolute helplessness. It means that because of
an injury, (1) a worker cannot earn wages in the same kind of
work, or work of a similar nature, that he or she was trained for
or accustomed to perform or (2) the worker cannot earn wages
for work for any other kind of work which a person of his or her
mentality and attainments could do. Money v. Tyrrell Flowers,
275 Neb. 602, 748 N.W.2d 49 (2008).

Under the ‘‘odd-lot doctrine,’’ total disability may be found in
the case of workers who, while not altogether incapacitated for
work, are so handicapped that they will not be employed regularly in any well-known branch of the labor market. The essence
of the test is the probable dependability with which claimant
can sell his services in a competitive labor market, undistorted
by such factors as business booms, sympathy of a particular
employer or friends, temporary good luck, or the superhuman
efforts of the claimant to rise above his crippling handicaps.
Money v. Tyrrell Flowers, 275 Neb. 602, 748 N.W.2d 49 (2008).


****
I consider sheltered work to fall into the "odd lot doctrine" but a case could be made against it. I am still searching for the answer. If you find anything, I would be most appreciative.



Thank you.

Maggie






(04-09-2013, 04:42 PM)1171 Wrote: social security has a number of different programs from retirement to disability to survivor benefits etc.
what benefit or program are you referring to?

this might help
http://www.socialsecurity.gov/pubs/10501.pdf
or here
http://www.socialsecurity.gov/OP_Home/ru...si-45.html

you can search the social security handbook for more information
http://ssa.gov/OP_Home/handbook/handbook.html

 
Reply
#4
sounds like your husband needs some case law precedents to take before the comp board.
an atty that specializes in workers compensation would be the best resource for that kind of a dispute.
in the alternative you can search nebraska work comp case law here:
http://dtsearch.wcc.ne.gov/
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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