| Author |
Message |
    
TaraWhite
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, May 17, 2001 - 1:53 pm: | 
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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? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, May 21, 2001 - 5:22 am: |
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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. |
Jenny Heller
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, June 14, 2001 - 9:40 pm: |
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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 |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, June 29, 2001 - 6:23 am: |
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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. |
skellar
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, February 16, 2001 - 4:38 pm: |
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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? |
Paul McChesney
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, February 17, 2001 - 2:31 pm: |
|
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. |
panicing
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, April 29, 2001 - 12:13 am: |
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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? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, April 30, 2001 - 6:03 am: |
|
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. |
Anna
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, November 01, 2001 - 12:43 pm: |
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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? |
A NON
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, October 19, 2001 - 4:47 pm: |
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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. |
Edith
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, July 18, 2001 - 6:33 pm: |
|
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. |
Edith
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, July 22, 2001 - 7:31 am: |
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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. |
Rena F. Mitchell
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, September 06, 2001 - 4:22 pm: |
|
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. |
Chris Benwa
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, October 03, 2001 - 11:38 pm: |
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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. |
Penny Lewis
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, March 12, 2001 - 7:40 am: |
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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 |
Paul McChesney
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, March 14, 2001 - 2:29 pm: |
|
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. |
Dana
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, November 09, 2001 - 8:33 am: |
|
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? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, November 10, 2001 - 7:50 am: |
|
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. |
A Non
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, October 17, 2001 - 1:37 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 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.
|
JOHN,STEVENSON
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, December 16, 2001 - 3:52 pm: |
|
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. |
vernell frazier
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, February 12, 2002 - 8:13 pm: |
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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? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, February 22, 2002 - 4:51 pm: |
|
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. |
Fred Searles
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, March 27, 2002 - 10:57 am: |
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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? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, March 31, 2002 - 5:12 am: |
|
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. |
GaryRobertson
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, December 18, 2002 - 12:09 pm: |
|
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 .? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, December 21, 2002 - 6:58 am: |
|
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. |
gretta
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, July 24, 2002 - 10:01 am: |
|
how long after filing an accident report with your work do u have to see a dr?? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, August 23, 2002 - 5:10 am: |
&nb |
| |
