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Old 03-13-2011, 11:17 PM   #1
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Cool SSDi approval-W/C and lawsuit

Hello All,

I recently received a call from SSD office saying that my SSDi was approved ( I filed in the fall of 2010) and that they needed my W/C payment info? He said that he needed my TTD and PPD amounts. I still recieve W/C TTD but have not recieved any settlement or permanant W/C pay. My Dr just said that I had reached my MMI my injury on my spine and was in 2006. I am thrilled that I was approved but I am scared about monies that are about to be paid for W/C. Ive heard that SS will just about take all of it and then start paying me once those monies from W/C are expended. Is this correct?

To make things more complicated I have a very strong case against the Surgeon that first operated on me -Long story short- he did not operate on the correct area. I have heard that when I recieve my settlemnt from this that then W/C can come back and collect all of their money paid out to me? Even though they are the ones that sent me to this quack. It just doesnt seem fair that they made me go to him and know that Im 100% disabled they get there money back?, they should have to sue him theirselves.

So my big big big questions is when I recievea lawsuit settlement is this going to affect my SSDI

Any help would be appreciated, I have three lawyers and none can give me a sraight answer-double talk
Thanks
Lisa

 
Old 03-14-2011, 04:54 AM   #2
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Re: SSDi approval-W/C and lawsuit

WC will be offset from your LTD in many cases. But only for benefits paid for "loss of time". SSDI is meant to replace a % of your earnings. It is not meant to replace 100% of your earnings, either alone or in conjunction with benefits like WC and LTD.
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Old 03-14-2011, 05:41 AM   #3
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Re: SSDi approval-W/C and lawsuit

When I went through this in 2005, my lawyer told me that because my w/c settlement said; I was expected to live an expected number of yrs. , the total settlement was divided by that may yrs. and and then by months whatever the amount came to said I was getting that much per month.Make sure your settlement states that is so much a month over your life time and not just a lump settlement. even though you do get it in one lump sum.Hope that makes sence..

 
Old 03-14-2011, 03:09 PM   #4
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Re: SSDi approval-W/C and lawsuit

hi Lisa, first off workman's comp laws vary from state to state. make sure your lawyer knows your state laws as well as SSDI laws. in my state of PA. any wage settlement with W/C, any amount over $250.000 must be placed in a medicare offset account, which must be spent down in your future needs involving your work injury. before medicare will pay for anything regarding your injury. W/C permanent payments are based on your % of disability determined by your doctor and agreed with by W/C doctors. even if you are found to be 100% permanently totally disabled? your total income of W/C and SSDI cannot equal over 80% of your working wages. if you settle with W/C for lost wages of ant amount? it's over there is no going back for more so think carefully before settling with them! some states have laws requiring W/C to pay for a predetermined amount of time, so many weeks after injury,PA law. states that W/C is responsible for the entirety of the disability, in my case for life due to irreversable brain damage.

if your injury was caused by or contributed to by any third party? such as mine was, and you can sue the third party, and win a settlement. then yes W/C can and will take as much as they can to recoup what they'd paid out in your case. however the lawsuit against the doctor, sounds like a malpractice lawsuit? after the fact of being disabled, unless the botched surgery contributed to your being disabled, I'm not sure how any monies from that would be handled? look up your state's W/C laws and study them so you'll know what your lawyer is telling you as well as you can tell him /her what you're looking for in any settlement.

talk to your lawyer also about the options of how to write up any settlement, if it can be written up as being punitive damages verses compensatory which is for lost wages----lost wages is taxable,punitive damages are not taxable? nor can W/C touch them!

learn your rights and use them to your benefit.

good luck and god bless

Larry/coupe
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Old 03-15-2011, 10:55 PM   #5
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Re: SSDi approval-W/C and lawsuit

Thanks for all the info..
The best I can understand If I do not settle: i will be paid an amount based on my Disability % over so many weeks that are also based on that percentage? I will also have a Medical fund for any injury related issues
If i settle: I get a lump sum and thats it, no medical and that its.
My lawyer said he may be able to get me a small lump sum and continuing care because my case has been so "special"??? But that just sounds fishy. I am coming up on 5years since I have been on WC and 5years is the max my state allows for WC? (OK)

My lawsuit issue is against the surgeon that first operated on me for WC injury. He made my injury worse and is at fault for my lack of recovery. I have been advised that any $$coming from this suit may also be used to paid the WC carrier who has paid for all the surgieries and care since his mess-up on me.??? I will kepp in mind what was stated about Punitive vs compensatory-good to kow

Thanks
Lisa

 
Old 03-16-2011, 01:12 PM   #6
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Re: SSDi approval-W/C and lawsuit

hi again Lisa, dphelps is correct in the way w/c works. but w/c laws are written very intricately and precisely to protect employers and the insurance company. their main objective, is to get your case off their books for good. any settlement should be very carefully negotiated to serve your best interests settlements can be made keeping your medical intact, or you loss wages intact, not both? your employer paid premiums into the w/c insurance company, the premiums are based on your wages at the time, when you get a wage increase that premium goes up. w/c is responsible to pay 60% of your wages at the time of injury any settlement should take into account your wages, current age, and life expectancy and calculated with all those in mind. its when lump sum settlements are paid, is when medicare offsets are applied. in my opinion monthly payments are the best way to go? w/c does not pay punitive damages, only lost wages and medical care. when lost wage settlements are made, they can be structured to be paid over the terms set by the w/c, your lawyer and yourself when settled that's it. no going back for more, there are no cost of living increases in w/c it's simply 60% of your wage at time of your injury. an SSDI approval can make up to 80% of your former wage, some years we get a cost of living increase from SSDI none the last 2 years due to the poor economy.

your lawsuit against the doctor, I'm assuming to be medical malpractice? the "lore" of suing someone for everything they own or ever will own, is a farce. you can only sue someone for the amount of insurance they carry. if that amount is significant? and you win? you can put that settlement out for bid To annuity companies to bid on your money for them to use they can offer lifetime payments with yearly increases to be compounded annually Lloyd's of London won mine with 3% increases compounded annually, which can not be eliminated through bankruptcy! your lawyer should advise you on all this. you can't sue your employer, as long as they had you covered by w/c insurance, unless your injury is caused by neglect of a situation they knew or should have known was a safety issue likely to cause injuries.

if at all possible, I'd try to stay away from lump sum compensatory settlements where medicare offsets are required. having the monthly income seems to work best for me!

good luck and god bless

Larry/coupe
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