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TaraWhite

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Posted on Thursday, May 17, 2001 - 1:53 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have a court order in place already for child support,however father has been receiving workmans comp disability for about a year and a half now. Suppodesley doctors wont release him to go back to work yet. He pays his child support when it suites him, which is never. My question being, they would certainly take it directley from his paycheck, if he were working, and since his disabiity is work related can it not be deducted from that?
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Paul McChesney (Admin)

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Posted on Monday, May 21, 2001 - 5:22 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I do not know. That is a state law question, which depends on the state that you are in. You would have to ask a local attorney. Sorry I can't be more help.
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Jenny Heller

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Posted on Thursday, June 14, 2001 - 9:40 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi,
Does anyone have any info on losing disabilty benefits or repaying them if you win a law suit settlement.?
THANK YOU.
Jenny
e-mail jthell@cavtel.net
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Paul McChesney (Admin)

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Posted on Friday, June 29, 2001 - 6:23 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If you get Worker's Compensation, your Social Security disability benefits can be reduced because of that income. A sharp attorney can sometimes avoid this setoff for you.

Most other kinds of income that would come from a lawsuit do not cause a reduction in benefits, but there are some rare exceptions.
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skellar

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Posted on Friday, February 16, 2001 - 4:38 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have a client who is on SS disability and Worker's Comp. She may soon be in receipt of both a death benefit from a life insurance policy on her uncle and a payout from a fixed annuity contract. She is terrified that this "income" will jeopardize her benefits. What can I tell her?
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Paul McChesney

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Posted on Saturday, February 17, 2001 - 2:31 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am not certain about Worker's Compensation; that law varies from state to state. But in most states receipt of income from any other source would not affect someone's right to Worker's Compensation. One exception is Social Security Disability itself. Receipt of that can reduce Worker's Compensation benefits in some states.

As to Social Security Disability, there are only two things that I know of that can reduce benefits. One is Worker's Compensation. In the states that do not reduce Worker's Compensation by a portion of the Social Security received, the opposite is true - Social Security is reduced by a portion of the amount of Worker's Compensation received. Another thing that will reduce Social Security are a very few of the many pensions that exist. Primarily it is those that would cause what the Administration considers "double dipping."

To start to answer a question you didn't ask, there are many clever ways to avoid the Social Security offset to Worker's Compensation, or the Worker's Compensation offset to Social Security. I will be glad to provide details if you want to ask specific questions about that.

To start the answer of another question you did not ask, if a person is drawing SSI, as opposed to Social Security Disability, income to anyone in the household can affect his or her check in complicated ways.
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panicing

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Posted on Sunday, April 29, 2001 - 12:13 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

my husband was injured at work in sc but we live in ga. we settled with wc, and he receives ssi disability. we have 2 kids under 18. he has an inc. spial cord injury due to falling 30 feet from a scissorlift that fell over. we sent the settlement papers to ssi last august and were tod our kids benefit would increase. we have contacted c norwood and the ss office multiple times, but we have not gotten an answer. the problem increases in sept. when my job and insurance ends due to downsizing. they say we make too much for medicaid, but his meds are too much for me w/o insurance. his dr looked into programs for his meds, chronic pain, methadone,paxil,robaxin and a few more. paxil has one, but i have to make under 25000 per year. we have busted but to get a small house and raise 2 kids, but it looks like i will have to give up everything to keep him at a reasonable pain level. i can only have so much money and so many things. i'm sure there is a way around this, but short of a bogus divorce, WHAT?
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Paul McChesney (Admin)

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Posted on Monday, April 30, 2001 - 6:03 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

This question is way too complex to answer by email. I will not answer your entire question; I will only deal with small parts of it. I want to help, but I don't want to mislead, either.

1. I assume your husband is getting Social Security Disability rather than SSI, even though you called it SSI; SSI carries no children's benefits. If so, and if his income from that is high enough, the fact you are married and have income will not prevent him from getting Medicaid; he is prevented by his income, alone. On the other hand, if his check is for a lesser amount, other family income might prevent him from qualifying. You should find out.

2. Your children's checks on his record, and possibly his own check, are probably being reduced because the Administration thinks he is still getting worker's compensation benefits. It can take a long time to get them to realize that these benefits have stopped. Write your congressman, yell, scream, and then hire an attorney to file a petition for mandamus. If you want to do this, document every single contact with the Administration so you can prove you tried all other means. An attorney might take the case for a percentage of the increase in the children's checks.

3. The medication problem is a serious one, and one that might not have an easy solution. The wonderful www.needymeds.com site will help a little, but might not. Try it anyway.

4. There are often ways to get medication locally that I do not know about. But it is difficult to get narcotics under most programs. The ideal way out is for you to get a job with insurance. Anything else will be a struggle. Talk carefully with several doctors about narcotic use and management. There are tricks to getting by on less, but I am certainly not an expert in that area.

5. I know I have not solved your problems. I hope I have given you some help. Good luck.
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Anna

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Posted on Thursday, November 01, 2001 - 12:43 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If you are on the maximum workman compensation benefit and there is an state increase of the max amount do you get the new amount if it is still less than the % of your income at the time of the accident required?
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A NON

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Posted on Friday, October 19, 2001 - 4:47 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Wednesday, October 17, 2001 - 02:37 pm
--------------------------------------------------------------------------------
I have a WC claim in SC. I have one Dr. who took me out of work for 6 months b/c the injury/pain. Was treated for 6 months with physical therepy and meds. WC sent me to an Ortho Specialist who says diagnosis is different than original, and I need surgery. I requested a 2nd opinion. 2nd opinion from different Ortho says neither diagnosis correct, cannot find any problems, returned me to work and changed my meds. WC will not, even with such differing opinions, will NOT send me for any more tests or to another Ortho.
Please advise of any recourse I may have? I am having difficulty keeping up at work, pain keeps me up at night, and is very bothersome most of the time. I am worried that my employer will begin looking for excuses to fire me. I don't know which diagnosis is correct, but I know that my situation has had little if any improvement.

Reply by Paul I would get to an attorney, and quickly. You can ask for a hearing on the sole question of whether you are entitled to more treatment. You have little to lose if you are not going to be able to keep up at work. Watch your deadlines, which are, in South Carolina, MORE OR LESS 90 days to give notice of injury, and 2 years to file a claim. But there are a lot of exceptions, and oral notice is tricky. Give me a call if you want to. Take care.
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Edith

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Posted on Wednesday, July 18, 2001 - 6:33 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband is receiving W. C., we must travel 74 miles round trip each time to his Drs., is there mileage compensation with W. C. We live in Henderson Cp. N.C. and his work is in Upstate S.C.

Reply by Paul Yes you are, for sure if the claim is under SC worker's compensation. If it's under NC worker's compensaition, I am pretty sure the answer is still yes.
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Edith

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Posted on Sunday, July 22, 2001 - 7:31 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Paul thank you for your prompt response. It is SC W.C. and we have just learned that my husband is going to need major reconstructive spinal surgery utilizing both fusion and spinal instrumentation. This will involve at least three vertebrae. He has already been out of work for four months and we are looking for him to be out of work for quite a while. My husband is a welder by trade and has been doing this since 18 years of age, he is now 42. His surgeon says he will never be able to return to this type of work again. What would your advice be, is it now time to consult an attorney?, continue with W. C.?, apply for LTD?, hopefully both.
We do live in NC but Worker's Comp is in SC.

Reply by Paul I would sit down and talk to an attorney about the whole picture. Probably a South Carolina attorney.
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Rena F. Mitchell

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Posted on Thursday, September 06, 2001 - 4:22 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Dear Mr. McChesney,
My husband has been on WC for the past 4 years for a knee injury that occurred at work, in North Carolina, We live in Georgia. Within 3 weeks of his injury, he was fired from his job, but workers comp has been tending to his knee operations, and weekly comp checks. My question is, what other medical needs is compensated. My husband had insurance when he worked, but now he has none and can not afford medical coverage due to the small amount of his weekly check. What about illness that need medical attention? What can be done for people like these? Thank you, I sure hope you can help because something very serious has recently developed, (A mass in his Lung). Thanks again.
Rena.

Reply by Paul In the long run, if he is totally disabled, he might get Social Security and along with it Medicare, or SSI and along with it Medicaid. But in the short run he must turn to state and communtiy resources. A good Social Security attorney in his area should know all of these. Also try www.needymeds.com for help with prescription drugs.
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Chris Benwa

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Posted on Wednesday, October 03, 2001 - 11:38 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hello, Im sure, like most of you, I could write a book on what I have been threw in the last 4
years, but I will try to keep it as short as possable.
On that day in Aug of 97 I was working in a Prison as an officer and I was called to help
contol an inmate, I ruptured 2 disks in the process L3-L4 L4-L5, I was diagnosed with DDD
had 2 fusion surgeries to help releave the pain in my back and my legs, the pain only got worse
with time and surgeries and phyicial theropy (everything seem to agrvate it and make it worse) the
Workmans cop doctor then released me MMI with the dignosis of faild fusion syndrome, and
workmans comp cut me off.
So I applied for Social Secrity Disablity Benifets, and just when I was down and out and
about to lose the house and get the car repoed, I was notifid that I was excepted for Social
Security Disabily THANK YOU JUST IN TIME but SSA asked me if I had a lawyer and if I
was going for a settelment because if I was then my Benifits would be redused untill the amount
of the settelment was gone and then my benifits would go back to normal, is this right? I thought
that when you got a settelment you didnt have to tell nobody about it or the amout that it wasnt
there busness, I am thankfull for the social security but I have scars all over my body I am in
constant pain workmans comp has tryed ever trick in the book to keep from paying me and
dog-gone-it I want to sue them and for them to pay but why should it all go back to Social
Security??? Please give me your thoughts is there any truth to this, did I get bad info???? Please
coment
dose a person usaualy get 1/2 of
settment 1/4 , Just a ballpark some Idea.

Reply by Paul Let me restate what I think your question is, and I will answer my restated question. If I have missed the question, ask it again.

Restated question: If I am drawing Worker's Compensation and Social Security disability, will they reduce one of those checks?

Answer: Sometimes. In some states, they reduce the Social Security check so that the total of the two do not exceed 80% of your pre-injury earnings, which are usually taken to be the highest amount you earned in one of the last 5 years before you became disabled. For some high wage earners this is no reduction at all; for some, usually low wage earners, it is a drastic reduction.

In other states, the Worker's Compensation check is reduced instead.

Question: Is there anything I can do to avoid this offset?

Answer: Sometimes. The Administration starts by assuming you are getting 100% of your check. If you paid an attorney, and prove that to the Administration, they are supposed to ignore that much of the money you got from your Worker's Compensation insurance company.

If you get a very smart attorney, you can often settle your worker's compensation case in such a way as to reduce the offset for future months. This can make a difference in the outcome of your worker's compensation claim amounting to tens of thousands of dollars.
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Penny Lewis

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Posted on Monday, March 12, 2001 - 7:40 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My name is Penny Lewis and I work for Wild Dunes resort on Isle of Palms,S.C.,I am a supervisor for the Boardwalk Inn. I am 27 weeks pregnant and I have had some problems at work that lead me to the hospital on 3/8/01 having contractions every three minutes apart. I was already on doctor's request to not work more than 8 hours a day, no working by myself and not working around chemicals. On the eight I had been cleaning rooms with no manager on staff or an assintant.In my head the job needed to be done. Now my doctor had pt me on bed rest though out the weekend and now the only way I can return is by having a desk job with no stress at all or they have to put me on disability. I guess my question to you is do I have a case or not against Wild Dunes? Please help me with this problem. Thank you for your time.Penny Lewis
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Paul McChesney

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Posted on Wednesday, March 14, 2001 - 2:29 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

You MIGHT have a claim against Wild Dunes if work caused or aggravated your pre-existing condition, that being pregnancy. If pregnancy was the sole cause of your problem, more difficult. In South Carolina, you must let your employer know within 90 days of any injury AND THAT IT IS CONNECTED TO WORK. And, you must file a claim within two years. Within 90 days an two years of what? That is a complicated question.

If you think that you might be able to prove such a case, you should talk to a lawyer or two in person (not necessarily hire one right now, but maybe); I would do so before you talk to your employer, maybe.

E-mail me by clicking my name if you want me to suggest a couple of lawyers down there, and you can look around yourself, too. You don't have to hire the first one; look around.

But hurry about the notice. I AM NOT REPRESENTING YOU, and you are responsible for the notice.

If you have a good experience with an attorney down there, let me know.

Good luck.
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Dana

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Posted on Friday, November 09, 2001 - 8:33 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If you are collecting the max benefit through workman's compensation for the past 9 months and there is an increase in 2002 does my check automatically increase. The max benefit I am receiving now is not what I would receive if it was a true % allowed. Does this make sense?
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Paul McChesney (Admin)

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Posted on Saturday, November 10, 2001 - 7:50 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I think I understand what you are asking; I will restate the question to be sure:

You are drawing both Social Security Disability and Worker's Compensation. Your Social Security check is being reduced because of your Worker's Comp check.

All other claimants get an increase every year. Will you, or does the amount stay the same?

If that is the question, I believe the answer is that you do get the increase. I should be positive, but I am not; someone who is drawing both please post your experience, or I will look it up when I get time.

Note that in some states it is the Worker's Compensation that is reduced.

Note that a smart lawyer can sometimes settle your Worker's Compensation case so that that the offset is ended.

Note that a poorly crafted Worker's Compensation settlement can cause you to have neither weekly Worker's Compensation benefits nor much by way of Social Security benefits.
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A Non

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Posted on Wednesday, October 17, 2001 - 1:37 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have a WC claim in SC. I have one Dr. who took me out of work for 6 months b/c the injury/pain. Was treated for 6 months with physical therepy and meds. WC sent me to an Ortho Specialist who says diagnosis is different than original, and I need surgery. I requested a 2nd opinion. 2nd opinion from different Ortho says neither diagnosis correct, cannot find any problems, returned me to work and changed my meds. WC will not, even with such differing opinions, will NOT send me for any more tests or to another Ortho.
Please advise of any recourse I may have? I am having difficulty keeping up at work, pain keeps me up at night, and is very bothersome most of the time. I am worried that my employer will begin looking for excuses to fire me. I don't know which diagnosis is correct, but I know that my situation has had little if any improvement.

Reply by Paul First, it is a free country, and you can go to any doctor you want to go to. But you might have to pay, and of course you might not be able to afford treatment if you pay yourself.

This next comment only applies in SC: If you want further treatment paid for by Worker's Compensation, get to a worker's compensation atttorney and he or she might be able to get a statement from one of those doctors, and you have a fair chance of having the treatment ordered.

As to discrimination at work, you are smart to worry. If you can do the job with reasonable accomidations, you are not supposed to be fired for exercising your compensation rights. However, many employers are masters at documenting other reasons for firing someone. And an unhealthy employee is a finacial risk for a company.

Come in early, stay late, put out 150% of what the employer has a right to expect from you, don't complain or whine, say yessir and, since it's SC, yesmaam.

Look for a job that doesn't call for the sort of exertion that is causing problems for you.

Educate yourself in a skill that calls for little exertion.

There are deadlines for filing any worker's compensation claim, that vary by state. In general in SC you have to give notice of injury within 90 days, which you have done, and you have to file a claim within 2 years, and if you accept compensation you can file a change of condition within one year of your last payment of compensation; but how these deadlines apply to you is a complex question; don't try to apply them yourself.

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JOHN,STEVENSON

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Posted on Sunday, December 16, 2001 - 3:52 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

What is the difference between workers compensation disability,and ss disability?

Reply by Paul Worker's compensation benefits are generally paid for injuries or disabilities connected to work. Each state has a different worker's compensation law, and you have to follow that law carefully in order to get benefits. You generally file a claim against your employer.

Social Security disabilty is payable if you have worked enough and are disabled. You do not have to show any connection between the disability and your work.

There is another program administered by the Social Security Administration called SSI, or Supplemental Security Income. For that program you don't even have to show that you have worked at all. But you do have to show that you are very poor.

Take care.
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vernell frazier

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Posted on Tuesday, February 12, 2002 - 8:13 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I got hurt on my job and I setteled out of court. I got $25000.00 cash plus 545.00 per month for twenty years.I get 100.00 per month from social security. I was told that I could not get my full benafits as long as there was an off set my question is.what is an off set and how long doe,s it take?
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Paul McChesney (Admin)

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Posted on Friday, February 22, 2002 - 4:51 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Vernell, a sharp attorney can often, in many states, avoid the offset altogether. This is easier done before the worker's compensation settlement. You should go to an attorney in your state and have him or her look at your situation. If you do that, your Social Secuity benefit might be raised.
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Fred Searles

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Posted on Wednesday, March 27, 2002 - 10:57 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I live in New Hampshire with my wife and two children. I am 24 years old, and was injured at work on Nov.14,2000. I have been out of work since March 7,2001 and have had two surgeries on my injured left shoulder. I am currently going to a specialist in Boston Mass to determine if it is possible to fix my ailing shoulder through more surgeries. I collect $250 a wk in worker's comp, but this is not enough to support a family. Can I qualify for SS disability? and if so, do I get a retroactive amount for the past year? Also, do my wife and kids qualify if i do?
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Paul McChesney (Admin)

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Posted on Sunday, March 31, 2002 - 5:12 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

This is impossible to say based on what you tell me. However, I can say several things that might be useful. Use these comments as the start of your investigation, not the end.

If you have worked steadily for several years, you probably have earned enough to be eligible. Call 1 800 772 1213 and order an earnings record to be sure.

If you are eligible, your wife and children might be entitled to a check, too, but subject to the "family maximum," which is often so low, if you have minimal earnings, that they do not get a check. But if you have had high earnings, their checks could be substantial.

There is a limit for the maximum that both Social Security Disability and Worker's Compensation, total, will pay. In most states, Social Security Disability is reduced so that the total of the two is no more than 80% of your earnings during the highest of the last 5 years. In some states, the Worker's Compensation is reduced. The reduction is actually more complicated than that; and can sometimes be avoided for the period after any worker's compensation settlement.

If you are otherwise healthy and educated, and your shoulder is not causing you much pain, and it only requires a brief hospitalization, perhaps Social Security disability would be difficult for someone who has, in effect, the use of all but one arm, particularly his non dominant one.

But on the other hand, if you have a series of operations that causes you to miss work on a regular basis over a year or more, you will be eligible and should file.

It would be wisest to talk to an attorney in your area to be sure. You should talk to one, or several, that primarily handle Social Security cases, and perhaps hire the one that talks the most sense.

Take care and good luck.
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GaryRobertson

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Posted on Wednesday, December 18, 2002 - 12:09 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I was hurt in North Carolina in Jan. 2002 I am reciving w/c question is how long does w/c last if unable to return to work .?
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Paul McChesney (Admin)

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Posted on Saturday, December 21, 2002 - 6:58 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am sorry; Social Security law is pretty much the same all over, but Worker's Compensation law varies from state to state. You need to contact a North Carolina worker's compensation lawyer.
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gretta

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Posted on Wednesday, July 24, 2002 - 10:01 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

how long after filing an accident report with your work do u have to see a dr??
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Paul McChesney (Admin)

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Posted on Friday, August 23, 2002 - 5:10 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

This varies by state, so I cannot say in a way that is safe for you. More or less 90 days in SC, but if you don't do it in a way that you can prove later, you can count on them forgetting they ever heard it. Don't rely on this, even if you are from SC. See an attorney.
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osimon1065

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Posted on Sunday, January 26, 2003 - 11:15 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I was injured on the job back in April of 2002. I have been receiving WC since surgery in August. However, at the time of my fall I was taking classes and qualified for WC thru the school I was attending. The amount I get per week (<$200), is much less than what the average graduate of my class is making. The pay range is from $10.50/hr to $11.50/hr in a 50 mile radius of my home. Can I or do I qualify for an increase in my check? How do I go about asking for this increase? I was offered a job at $11.50/hr if I could be medically cleared, but I was not and am not yet. I may even need additional surgery. I must admit, so far, they have been very, very good to me. Several doctors, dozens of x-rays, multiple MRI's, specialists. I would hate to mess a good thing. Also, would I also get a settlement amount? I was told that I am in the computer to get a weekly check until the year aniversary of my surgery, what happens then?
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Paul McChesney (Admin)

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Posted on Saturday, March 01, 2003 - 5:25 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Social Security Disability is a federal law, that is uniform around the country. But worker's compensation varies from state to state. So I cannot answer your question; nor can I answer any question about worker's compensation for any state but SC. Sorry! Ask a local attorney, or a couple of them.
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kand3

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Posted on Wednesday, March 19, 2003 - 11:09 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi, I was recently approved for ssdi without the use of an attorney. It had only been 3 months since I applied. Everyone was so surprised how fast I was approved. Of course there is a catch....I got an WC settlement last year in California and now live in NC. My disability was retroactive to Dec 1998. Because of my settlement they tell me I will only receive $27 a month for the next 9 yrs. Should I hire an attorney to dispute this? Would it be a waste of my time? This has just shocked me so much. Thank You for your time. Kelli Kane
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Paul McChesney (Admin)

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Posted on Thursday, March 20, 2003 - 5:08 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Yes, you should. For some but not all states, a worker's compensation settlement can reduce the amount of a Social Security check. This is a complex and tricky area. You need a California attorney to review and correct any worker's compensation benefits, and a Social Security attorney to appeal your case in NC to argue that the offset calculation was not correct. There are special ways to settle a worker's compensation case so that sometimes the offset can be avoided. This is very tricky, and I would get help right away. Don't let the Social Security appeal deadline expire.
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Lori Middles

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Posted on Monday, July 07, 2003 - 6:18 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have been getting WC for the last 3 yrs with no problem. The INS company hired all new staff and I've had nothing but trouble collecting my weekly benefits. It has now been 11 weeks since I've received my last check, with 1 excuse after another from INS company. They have filed a, Notice of Dispute for non compliance, I've hired an attorney to handle this. My question is, after this is proved to be a false accusation and my benefits are repaid, can I sue? By them making a false or fraudulent report to deny my benefits can a civil lawsuit be brought against them?

Thank you in advace!
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Paul McChesney (Admin)

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Posted on Monday, July 14, 2003 - 5:36 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

This is a question about your rights under the worker's compensation law. This varies by state, and even if I knew your state I would not know the workers' compensation rules as well as your lawyer, who you should ask. Take care.
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Nita Applegate

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Posted on Monday, June 30, 2003 - 1:48 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband fell 12 ft off a ladder at work that came unbolted from the wall. He had a MRI done and this is the findings: normal osseous and lumbar vertebral body signal is noted throughout the upper lumbar spine. There is multilevel decreased signal noted on T2 weighted images of the intervertebral disks consistent with disk desiccation. The tip of the conus medullaris is noted at the superiour end plate of the L1 vertebrae. There is noted to be an old anterior compression fracture involving the L1 lumbar vertebrae. There is also an old superior end plate compression fracture involving the L2 lumbar vertebrae. the lumbar spinal cord was unremarkable in appearance. Multilevel facet arthropathy is noted throughout the lumbar spine. There is multilevel broad disk bulges without central canal stenosis at T12-L1, L1-L2, L2-L3,
L3-L4 and L4-L5 levels. There is also mild to moderate left neural foraminal narrowing secondary to facet arthropathy. There is mild right neural foraminal narrowing at L5-S1 level secondary to facet arthropathy.
Impressions:
1. multilevel broad based sisk bulging as described above.
2. Mild to moderate left neural foraminal narrowing secondary to left facet arthropathy.
3. Mild right neural froaminal narrowing secondary to facet arthropathy.
4. Compression fracture of L1 and L2 lumbar vertebrate.
5. Degenerative disk disease.
Do you think that we should get a lawyer to help us with this case.
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Nita Applegate

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Posted on Monday, June 30, 2003 - 1:50 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

We live in Chouteau Oklahoma. My husband fell 12 ft off a ladder at work that came unbolted from the wall. He had a MRI done and this is the findings: normal osseous and lumbar vertebral body signal is noted throughout the upper lumbar spine. There is multilevel decreased signal noted on T2 weighted images of the intervertebral disks consistent with disk desiccation. The tip of the conus medullaris is noted at the superiour end plate of the L1 vertebrae. There is noted to be an old anterior compression fracture involving the L1 lumbar vertebrae. There is also an old superior end plate compression fracture involving the L2 lumbar vertebrae. the lumbar spinal cord was unremarkable in appearance. Multilevel facet arthropathy is noted throughout the lumbar spine. There is multilevel broad disk bulges without central canal stenosis at T12-L1, L1-L2, L2-L3,
L3-L4 and L4-L5 levels. There is also mild to moderate left neural foraminal narrowing secondary to facet arthropathy. There is mild right neural foraminal narrowing at L5-S1 level secondary to facet arthropathy.
Impressions:
1. multilevel broad based sisk bulging as described above.
2. Mild to moderate left neural foraminal narrowing secondary to left facet arthropathy.
3. Mild right neural froaminal narrowing secondary to facet arthropathy.
4. Compression fracture of L1 and L2 lumbar vertebrate.
5. Degenerative disk disease.
Do you think that we should get a lawyer to help us with this case.
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Paul McChesney (Admin)

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Posted on Sunday, July 13, 2003 - 6:23 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I would get an attorney to handle any serious worker's compensation case. It would be a good idea to get someone that handles Social Security, too.
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bfreda44

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Posted on Saturday, August 23, 2003 - 1:38 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

if i am drawing WC, and my father sold cows for 30,000.00 and put the check in my name, would that hurt my WC would i have to pay taxes or just how would this work are you allowed so much
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Paul McChesney (Admin)

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Posted on Sunday, November 02, 2003 - 4:08 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Bfreda44,
not in SC it wouldn't. You get Worker's Compensation regardless of your resources. Might be different in otherstates.
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Marlin Million

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Posted on Saturday, August 30, 2003 - 7:43 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Can you tell me how they determine a settlement or partial disability. Real short on money and a lawyer told me there is a company out there that pays you 100% for a high price. Trying to figure out what to do. Need money This is in SC.
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Paul McChesney (Admin)

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Posted on Sunday, November 02, 2003 - 4:15 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Marlin, I don't understand the question. Let me try asking one and then answering that question: When is it time to try to get a lump sum award? Answer: usually when your doctor releases you and either sends you back to work or says you can't go. I can't make out the other part of your question; you might try asking it another way.
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barbara smith

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Posted on Monday, August 25, 2003 - 10:43 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

yes I hurt my back.at my job I work at a grocery store. in the bakery dept lifting heavy sheet pans. I reported to my supervisor the next day the big boss told me to go to there comp.DR. I AM still hurting there dr. is doing things for them to save money. do you know that when I go to work I'm in pain my backs hurt they got me on light duty I Feel they are pressureing me into quiting
I really don't know what to do. i have alot of kids to support 5kids I need the money. but my health is important.please email me to let me know what I should do. chilly125@aol.com
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Paul McChesney (Admin)

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Posted on Saturday, August 30, 2003 - 10:30 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

This is a worker's compensation question, so I really cannot answer it. Worker's compensation law varies from state to state. But I can say that it would be a good idea to talk to a worker's compensation attorney in the nearest big city. That does not mean you need to hire him or her yet. Maybe talk to several, and take whatever advice seems to make the most sense. Most worker's compensation attorneys will talk to you without charge. Take care and good luck.
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richard

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Posted on Friday, September 05, 2003 - 4:12 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Is there any truth to what i heard about a new law in florida that goes into affect in october.the law states if you have a workmans comp injury that workcomps insurance will not allow to you to hire a lawyer after october of this year?
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Paul McChesney (Admin)

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Posted on Sunday, October 26, 2003 - 6:19 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Richard: I don't know. I do know that Texas has succeeded, and other states might be trying, to force attorneys out of their worker's compensation systems.
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darryl moye

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Posted on Wednesday, October 15, 2003 - 1:24 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

i injured my back aug.5 2003 and have been placed on light duty.my back still hurt and my left sidestays num all the time.now that i am not able read meters they found a way to fire me. however i am still under doctors care .what should i do?
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Paul McChesney (Admin)

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Posted on Sunday, October 26, 2003 - 6:23 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Daryl: You should file for disability if you cannot work, and worker's compensation if the injury was connected to or aggravated by work. Be sure your doctor will help. Talk to an attorney. Take care and good luck.
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JIM HILL (Tjh2305)

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Posted on Thursday, May 13, 2004 - 5:18 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

PAUL, I have a question about WC and SSD.
I recently have been approved for SSD,but also still receiving an impairment rating income from WC this did effect my check .My question is do I contact SS when the WC check ends or will SS just automatically start paying the full amount? I never received any paperwork from SSD that I was approved, but did get a check for backpay. Guess I am approved. Thank you ,J HILL
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Paul McChesney (Admin)

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Posted on Saturday, May 15, 2004 - 6:19 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

To restate your question, if I am drawing WC and SS, and my SS is therefore being reduced, will the Administration automatically figure out when my WC ends? The answer to that question is "no," you have to tell them.
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Mitch c
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Posted on Thursday, July 08, 2004 - 8:26 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I'm currently getting Workers Compensation in New york City $200 a week, $800 for the month. I applied for SSD about a year and 5 months ago.

My question is lets say I get the SSD it was figured I would get $1575 a month. Would I also get the workers compensation on top of that or will my SSD payments be reduced by what ever my workers comp payment is, and end up with $1575 both checks together? $800 workers comp and $775 SSD

Also If the answer is all together then I would take the lump sum at the finial hearing for workers comp and no payments for the rest of my life with workers comp and end up with $54,000 will my SSD be effected?

I hope that was clear
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Paul McChesney (Admin)
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Posted on Thursday, July 22, 2004 - 10:01 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

This is a tricky question. I cannot tell you what your offset will be, or whether there will be one, but I can tell you that:

-There is a risk of a very large offset, for both the monthly benefits and the lump sum at the end of one case or another.
-Often an attorney can reduce or eliminate the offset. You really must sit down with one who can make the calculation to see if that can be done.
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vivwilliams
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Posted on Saturday, July 17, 2004 - 11:13 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have been receiving workman comp supplemental benefits while in retraining with trc - if my amount of workman comp is more than the amount social security disability would be - would i be making a mistake to file for ssi?
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Paul McChesney (Admin)
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Posted on Thursday, July 22, 2004 - 10:11 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Generally you should file for any benefits that you might be entitled to. If you are drawing Worker's Comp., you might get more money if you get Social Security Disability, too; and, more important, you want to get declared disabled by Social Security before the Worker's Compensation stops; otherwise you might have a year or two of no income after worker's compensation stops.
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Mary Sletter
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Posted on Thursday, August 05, 2004 - 8:33 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband was injured at work in Feb 2004, he was off of work by the doctor up until 3 weeks ago. He went back to work w/perm restrictions and can no longer do the job he was doing before. His employer put him on a different job that pushed his restrictions if not, was more than what he was supposed to do. He deals with pain daily and sometimes has to leave work early because of this. (which due to his restrictions he should only be doing this job for 1/3 of his day) Anyways, His employer fired him today because his back is not getting better and doesn't look like it is going to. Is this Legal?
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Paul McChesney (Admin)
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Posted on Wednesday, September 15, 2004 - 7:17 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Mary, I am not sure. That's an employment law question, and I am not too great at answering those. Please keep searching.
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Anonymous
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Posted on Sunday, August 29, 2004 - 2:36 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I was hired to work for a major building supplier chain and injured my back after 3 weeks. The company immediatly sent me to a WC Dr and that Dr sent me to get an MRI and see an Orthopedist. My MRI stated the following:
L2-3: There is a small central disc protrusion and mild facet hypertrophy. No spinal canal or neural foraminal stenosis.

L3-4: There is a mild diffuse disc bulge with a central annular tear. There is mild facet arthropathy. No spinal canal stenosis or compression of the exiting nerve roots.

L4-5: There is a mild diffuse disc bulge with a superimposed mild central disc extrusion. There is also moderate facet arthropathy at this level. There is moderate to severe left and moderate right lateral recess narrowing due to the central disc extrusion and the hypertrophied facets. The thecal sac measures 8 mm AP at the midline. No compression is seen at the exiting L4 nerve roots.

.


L5-S 1: There is a mild diffuse disc bulge with a mild to moderate central disc extrusion. There is also moderate to severe facet hypertrophy. There is moderate bilateral recess stenosis, right greater than left with possible compression of the transiting S1 nerve root, right greater than left. The disc extrusion measures 13 mm transverse and 6 mm AP. No compression is seen of the exiting L5 nerve root. The thecal sac measures 7 mm AP at the midline.

IMPRESSION: MILD DIFFUSE DISC BULGES WITH CENTRAL DISC EXTRUSIONS AT L4-5 AND L5-S1 PRODUCING MODERATE SPINAL CANAL STENOSIS, GREATER AT L5-S1. THERE IS ASSOCIATED STENOSIS OF THE LATERAL RECESSES WITH A POSSIBLE COMPRESSION OF THE TRANSITING SI NERVE ROOTS AT THE L5-S1 LEVEL AND TO A LESSER EXTENT AT THE L4-5 LEVEL.

The Orthopedist said that surgery wouldn't help me that I could only be treated for pain and that I would only be able to lift a max of 30 lbs.
I was planning on going into nursing in order to earn enough money to build a horse farm and train horses for the rest of my life. Now the Ortho says I won't be able to stand longer than an hour and that riding horses is out.
The Ortho has sent me for a series of 3 epidural injections.
I have just recieved the first and feel pretty good.
My employer would like me to come in and do light duty answering phones at my same pay rate as before the injury. Will this negate my "disability - capacty for earning the same wage"?
I have been recieveing my weekly check of 2/3 my avg weekly salary, and the insurance company has been very accomidating and paying all of my medical bills.
I know that the next step for me is when the Dr declares me to be as healed as I can possibly be and sends me back to work. However I don't believe he is gonna send me to do any lifting more than 20 to 30 lbs.
I had an attorney but relieved them due to the unprofessionalism of his staff which he stood behind.

I would like to know how the permanent partial disability percentage is done. Will the Orthopedist simply state it in my medical records? Do I need to hire a different attorney or is this a structured set of procedures that will just fall into place? I'd hate to give someone 1/3 for just allowing the system to run through it's course.
Is there any way I can see what percentage other people have gotten for similar injuries?
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Paul McChesney (Admin)
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Posted on Wednesday, September 15, 2004 - 7:24 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Anonymous, I can understand that you hate to pay an attorney; indeed attorneys only get hired when something goes wrong, so in the perfect world there would be no attorneys.

Worker's Comp law varies by state, so I cannot guess what your rights would be in whatever state you are in.

If you live in South Carolina, I would be happy to talk to you without charge.

You could probably talk to a dozen attorneys for free by calling and saying you have a comp claim, unless you live in one of those states like Texas where attorneys no longer handle comp.

Take care and good luck.
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Andrea
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Posted on Wednesday, September 01, 2004 - 5:27 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

my husband has worked the same job for approx.35 years as a carpet/floor installer. he has worked for the same company for over 15 years. This past april he was carrying a large roll of carpet by himself and felt some back pain. 2 days later he couldn't move as the pain increased in intesity as wll as around the back areas, buttocks and leg. he had been on a maintenance program with his chiropractor for the last few years, but never filed any wc claims with the employer. needless to say, he went to the chiropractor this time and after 5 days of treatment 2 times a day, couldn't get off the floor where he had been sleeping due to the ability to get upstairs to the bedroom. he was carted of by the EMS, remained in the hospital overnight and rec'd physical therapy and paint medications.he has seen 2 ortho drs that the insurance company has arranged for him. the latest one wrote a letter saying that his back pain is 80 % due to degenerative disc disease and 20 % due to the muscle strain he rec'd from the carpet injury.
although the insurance company is paying the medical bills, etc, he has to go without the treatment that the dr they sent him to has ordered because the insurance person doesn't want him to have the treatment..he also has to call to receive his weekly benefit check and hope she gives him benefits each week.
my question is; how can we prove that his job has contributed to the injury and that they should be 100% responsible for the back problems that he now has? the doctor has indicated he can never go back to that type of work. he is 53 years old and doesn't know anything else. the other installer always has a helper to work with and my husband had one, but he quit due to the hard work, the boss never replaced him.
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Paul McChesney (Admin)
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Posted on Sunday, September 05, 2004 - 5:22 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Questions about worker's compensation I can answer if you live in South Carolina. But answers to questions about worker's compensation vary depending on what state you live in, since the worker's compensation law is different from state to state. If you ask a worker's compensation question, please be sure to give your state.
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net101
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Posted on Wednesday, September 29, 2004 - 2:07 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

recieving wc had a dequevains tendonitis release surgery, still have pain in right thumb and wrist area, company doc release me to go back to work without any restrictions. should i go back to work with pain? i live in south carolina.
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Brenda Stuart (Bwstuart)
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Posted on Thursday, August 19, 2004 - 5:49 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi I am a 44 year old female my Original injury occured in May of 2001. My injuries were Severe spinal cord compression disc extrusions at lvls 3-4, & 4-5. I also had a large herniation at C-6-7 as well as spondylosis and various other cervical spinal problems. In addition to the cervical injury , I injured my back as well The MRI revealed a new disc herniation at L-4-5 and an annular tear. I saw my neuro who preformed a 2lvl fusion with titanium plate instrumentation; Posterior approach (I should mention that 2 years prior to this I had a non work related disc herniation of C 6-7 that resulted in a anterior laminectomy.) I returned to work for 6 months w/great difficulty and had a reoccurance at work that has keep me out of work since Sept 03. (almost a year now) My doctor gave me 71% cervical and 15% on my back. I was sent to an IME doctor who game me 15% cervical and 2% on my back and said the back was non work related. I have a couple of questions 1) I begain treating w/a pain mgmt specialist and had been treating with him for 6 months before he called me at home and told me he no longer could treat me because the insurance company told him he was not on the list of approved doctors. I had already had 2 epidurals and was about the have the 3rd it was cancelled. I haven't seen a doctor for my neck pain for 9 months now. I see him through my own ins for my back only because there was a denial on my back so the ins is paying. Although there is a lein. I am on methadone maintainance. Here lies the problem. I been clean for 9 years and have a letter stating so. Even so I have been deposed and asked about every narcotic prescription Ive ever had. How many rehabs, and nemerous DRUG questions. I also being told that their doctor doesn't feel that persons on methdone maintainace should be treated with narcotic pain meds. Ive provide the AMA's stand on this. I'm so worried. The insurance doctor also said that I may be capable of some kind of light duty work so I'm now being paid PPD benefits instead of TTD. I thought the Doctor of records opion was what the comissior went by. I had a hearing the other day. I've been offered a settlement of 37,500 w/their figures of 15% cervical and 2%back, w/no future medical. Of course I said no! I have no other ins. and if I settle will have no job no way to support myself and only enough money to last for about a year! Any comments would be appreciated! Thanks!
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Paul McChesney (Admin)
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Posted on Thursday, August 26, 2004 - 5:51 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Brenda, I assume that you have a Worker’s Comp attorney, but not a Social Security disability attorney.

You certainly should file a Social Security claim if you have not done so yet. Often it takes a long time to get on disability; sometimes only a few months, but sometimes several years. As your story shows, worker’s compensation can be terminated suddenly, and if you have not gotten your Social Security disability started, you can be in a lot of trouble.

As to the Worker’s Compensation, the law and practical advice vary a lot from state to state, and if you live in Connecticut, you should talk to one or several Connecticut lawyers about your best next step.

Take care and good luck.
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Dawn G
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Posted on Thursday, November 11, 2004 - 7:38 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have been employed with the FED GOV for almost 15 years. I have been in customer service for almost 6 years. I was diagnosed with depression and anxiety, and have missed a lot of work due to this because my anxiety attacks seemed to be brought on due to the stress of my job. I was also diagnosed with tendonitis in both wrists due to repetitive movement ( working on computer all day ) about a year ago. My workers comp claim was approved and I had shots in my wrists which improved for a while but now pain is worse than ever. I know I need to reopen that claim, however, the FED GOV is now in the process of firing me for filing a refund return late. It was lost in the mail. I am too depressed to fight this. Do you have any advice for me? Thanks.
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Paul McChesney (Admin)
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Posted on Saturday, November 13, 2004 - 6:51 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Dawn, if you cannot do it yourself you must get someone to do it for you. It might be hard to find an attorney who will handle a Federal Workers' Compensation claim. Maybe your union might be a place to find help, if you have a union.

If you are not able to work you should file a Social Security case as well as the worker's compensation claim; you should be able to get an attorney for this pretty easily, and perhaps that attorney might also help you in your Worker's Comp claim.
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rexx omelia
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Posted on Friday, November 12, 2004 - 7:24 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

workmanscomp question
does copm have to pay your major medical while you're dissabled?
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Paul McChesney (Admin)
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Posted on Saturday, November 13, 2004 - 6:24 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I would help you if I could, rexx; worker's compensation rights depend on the state. You should as an attorney in your state. Social Security is more or less the same in all the US.
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anonymous
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Posted on Monday, November 22, 2004 - 7:13 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Paul, I live in SC and I medical retired from law enforcement after 11 years. I got a settlement from wc and now I received a retirement check from disability. I was recently approved to get my backpay for SSD about 60 days ago. How long does it take take you to receive your backpay and will my disability retirment check be reduced? Please help me with this question.
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CBagwell
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Posted on Saturday, December 11, 2004 - 8:15 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have a question about my rights I SC as far as a settelment go. I have been out of work for 3 months now and quess I will be returning soon. I have had CT release on both hands on of my hands now has a numbness in thumb,pointer,index,and half of my ring finger. I still have some pain in the base of my thumb. My DR said I have never damage in that hand, which realy bothers me. At this point I don't know what now. I have never dealt with WC before. I have heard there is a settlement envolved at some point, and several people I work with have gone through the WC system before. Some had to get lawers to get a fair settlement. I want to be prepaired, but I don't want to paint a bulleye on my back for my employer to take me out. Which I have seen them do several times before. I don't want to losse my job but I don't want to get short changed. What should I do or where should I start?
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Paul McChesney (Admin)
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Posted on Friday, December 31, 2004 - 9:31 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I suggest getting a copy of all your medicals and talking to an attorney confidentially. Make it plain to him or her that you do not want him to contact your employer, you just want to get your case valued. Let him help you, but you deal with the insurance company directly.

It is not legal for your employer to discriminate against you because you pursue a claim, but sometimes they can get away with it.
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Joseph DeMolfetto (Unregistered Guest)
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Posted on Thursday, June 16, 2005 - 9:40 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I had my accident at age 25, I'm now 39. I receive $579.14 every two weeks from workers compensation. They've offered me a settlement of $100,000. If I accept the settlement will I lose my maximum Social Security Disability benefits for myself, my wife, and my 9 and 8 year old girls?
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Paul McChesney (Admin)
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Posted on Tuesday, July 05, 2005 - 5:54 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

There is a real risk of this in most states!!! Do not accept a settlement in your case without talking to a lawyer!!!
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scott (Unregistered Guest)
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Posted on Thursday, September 01, 2005 - 5:16 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I get on my record sense I was disabled at birtb in the last 18 months i have found i am unable to work . Is there a limit to the funds I can have and still get ssd on my record. I am expecting a legal settlement from my formmer employer snd wonder if it will hurt my disablity benifits. I know you can only have 2'00n to be eligible for ssi but i can not find the money limit for ssd
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Paul McChesney (Admin)
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Posted on Saturday, September 24, 2005 - 8:00 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

There is no money limit for Social Security Disability benefits, but if the money you are getting from your employer are for worker's compensation, that could affect your check; you need to sit down and talk to a good worker's compensation lawyer BEFORE you settle your case.

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This site is maintained by Paul McChesney, an attorney who has been practicing disability law for around 25 years in North and South Carolina.

If the subject of disability is important to you, or if you want to find out more about us, you should explore the rest of this site. To do so, go to our homepage, Carolina-disability.com.

Please don't take anything on this site as legal advice! Nor should you take any action, or fail to take any action, based on any communication provided through this site. Before doing that, it would be wise to sit down and talk to an attorney in his or her office. Please also see our disclaimer at this link: Disclaimer. We want to be as helpful as we can be on a website; please thank us by doing this.