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Attorneys upset that I applied for SSDI
#1
Both my attorney and the WC attorney where rather mad when I told them that I had applied for SSDI.
But I had just about used up my SDI so I applied for SSD.

My attorney said something like "do you know what you have done, now you will only receive half as much from WC"

My SSD went through in about 3 months no problem.

Anyone know why they were upset?
 
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#2
Yes because if you settle your work comp claim with a compromise and release, which closes out your medial with your work comp insurance company part of your settlement will be a Medicare set aside. Your attorney's cannot get a fee off of that. They are selfish and are thinking of their fee (IMO). If you did not apply for SSDI then you would lose out of monthly payments.

Could you have lived without any income waiting for your case too settle? Most people cannot.

Within a few months you will receive Medicare. If you compromise and release your work comp claim Medicare wants a set aside amount to use for your injuries. After you use the set aside amount then Medicare will take over.

So will your settlement be less, yes. There will be monies set aside for your medical treatment. So if you still need medical treatment that can be nice and you won't have to deal with work comp BS.

Google Medicare set aside and you will find info on this.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#3
Thank you, now I understand why my attorney was upset.
But why is WC also upset about me getting SSI. There attorney seemed just as upset as mine.
 
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#4
attys from both sides want to settle.
with Medicare in the middle it's more difficult; they have to approve of the medical setaside amount.
too many chefs in the kitchen make for delays and troublesome negotiations.
if the setaside amount is more then they want to pay, the carrier won't buyout the claim; they'll just pay the disability portion and keep your medical open.


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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#5
WC denies everything for over a year.
You would think if they wanted to settle, they had plenty of time.
I'm sure that they knew my SSD would be running out.

I've been in extreme pain most of this time, to the point of almost wishing that I could have my leg cut off.
Now I know how, what bad depression and anxiety can do to a person.
I was in the emergency room 2 times, and in the hospital for 4 days, Now I'm on meds and handle it OK.

One of the things that really got to me are the lies from the company HR person at work.
I loved my job and was one of the best and hardest works they had. Guess that doesn't for much these days.
 
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#6
generally if your permanent impairment is unknown the claim's value cannot be adequately determined.
many jurisdictions prevent such settlements.
how can your SSD have run out when you just applied for it?

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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#7
Makes me wonder if your attorney is working in your best interest.

My work comp attorney encouraged me to apply for SSDI (Social Security Disability Income)

A good attorney will encourage you to apply for SSDI.

I was notified by SSA 6 weeks after I applied that I had been approved.

Good luck!



 
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#8
(07-05-2014, 11:38 PM)1171 Wrote: generally if your permanent impairment is unknown the claim's value cannot be adequately determined.
many jurisdictions prevent such settlements.
how can your SSD have run out when you just applied for it?

All along I just wanted for WC to handle what they should, I never asked for a settlement.
I've been off work for almost a year and a half. My SSD ran out and I started getting SSI a month or 2 before the SSD stopped.

My attorney knows very little about the work I did offshore.
Twice in very important meetings he got it wrong on what caused this injury.

One of the times my attorney said what caused this injury, and their attorney said that he didn't see anywhere where it said that. My attorney said something like "you just have to look better, it's there"

This attorney didn't even know what the case was about, He only knew about my injuries.
 
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#9
I am not well versed in SSD.
How could social security disability run out? I thought it was ongoing until you became able to work or reached 65.
Can someone educate me? Thanks Smile
 
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#10
(07-10-2014, 09:59 PM)Scooter123 Wrote: I am not well versed in SSD.
How could social security disability run out? I thought it was ongoing until you became able to work or reached 65.
Can someone educate me? Thanks Smile

Sorry, it should have SDI.

I'm still not use to all these names.
IME, QME, SSD, SDI and so many more.
 
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