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  1. #1
    Join Date
    Jul 2009
    Location
    Western Pennsylvania
    Posts
    19

    Default Settled My Workers Comp Claim, How Long Does It Take to Receive the Check

    My Workers Comp claim was settled, I signed the Comp & Release last Tuesday at the final hearing with the Judge - he approved it - got his approval paperwork the following day. In Pennsylvania, how long does it typically take to receive the lump sum settlement check?

    Any help would be greatly appreciated! Thanks in advance!

    ---------- Post added at 11:52 PM ---------- Previous post was at 11:47 PM ----------

    Also, my claim was under $25k, and not subject to SSA withholding.

  2. #2
    Join Date
    Mar 2008
    Posts
    53

    Default Re: Settled My Workers Comp Claim, How Long Does It Take to Receive the Check

    It all depends on the insurance company but usually they have 30 days once the IC gets the judge's orders , once everything has been final with the IC and you don't have anything outstanding, like child support, back taxes, and such it will come out of that settlement. If you don't owe anything it will be up to IC when they send out the check and congrats on your settlement. don't spend it all in 1 place.
    hifisi, an injured worker that will do his best to answer your questions

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Settled My Workers Comp Claim, How Long Does It Take to Receive the Check

    Also, my claim was under $25k, and not subject to SSA withholding.
    Ah... but have you/your atty taken the necessary steps in the settlement language to protect Medicare interests... ?
    There is a BIG difference between needing a WCMSA and the language used.
    Not all WC judges take this into consideration under the new rules.

    If the language is not sufficient to protect Medicare interests... when you become Medicare eligible, you could see CMS declare the ENTIRE amount of money you receive now to be for future medical care, you would have to prove you 've spent ALL of that money on treatment to your injured body part before Medicare will pay benefits.

    Better make sure there is a CMS zero allocation in that language...."or else...."

  4. #4
    Join Date
    Jul 2009
    Location
    Western Pennsylvania
    Posts
    19

    Default Re: Settled My Workers Comp Claim, How Long Does It Take to Receive the Check

    Thanks for the information (and the congratulations)! It's taken a loooong time to resolve. I have no children, so no child support owed - they even had a child support report from the state showing nothing owed. I signed a "waiver for appeal", as my attorney said it may speed up the process to get my check. I was hoping to get the check in a week, or two... Ugh, this process takes way too long. )

    ---------- Post added at 12:40 PM ---------- Previous post was at 12:36 PM ----------

    @BvIA, Yes, all of this was discussed - and is in the settlement verbage. Also, I declined Medicare when they sent me the packet. I sent it back to them the same day, declining to receive Medicare coverage.

  5. #5
    Join Date
    Nov 2009
    Posts
    49

    Default Re: Settled My Workers Comp Claim, How Long Does It Take to Receive the Check

    i have been at it for more than 5 years so i know how you feel

    can you share waht the process was like and how long from the time you first settled with the ic
    Last edited by BiGMERF; 09-22-2010 at 10:19 AM.

  6. #6
    Join Date
    Jul 2009
    Location
    Western Pennsylvania
    Posts
    19

    Default Re: Settled My Workers Comp Claim, How Long Does It Take to Receive the Check

    @BiGMERF, the process took about one year, to the day to settle. At the start, my attorney estimated that it would take 6 to 9 months, but it took longer due to several factors - the IC was dragging their feet, and I have been dealing with severe panic disorder w/ agoraphobia. The claim was initially filed in early Sept 2009. The first hearing was in late October 2009. Time went by and I didn't have my IME until early March 2010, which came back in my favor. After the IME report came back, there was another hearing in March w/ the WCJ. Then we received the mediation hearing notice, for late August. Fortunately at the mediation hearing we were able to agree on a settlement, and the WCJ then scheduled an expedited final settlement hearing a few weeks after the mediation. The WCJ approved the settlement a week and a half ago, and here we are today - waiting for the settlement check, which I have been told can take 2 to 3 weeks to receive from the final settlement hearing date. I think it took so long to settle because the court schedules are so tied up... but nobody has control over that - there are only so many WCJ's to hear WC claims. Has your atty given you a time frame on when your WC claim will be settled?

  7. #7
    Join Date
    Nov 2009
    Posts
    49

    Default Re: Settled My Workers Comp Claim, How Long Does It Take to Receive the Check

    As a matter of fact we just reached a verbal settlement this past Friday....Wonder whats next and how long.. lol, grrr

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Settled My Workers Comp Claim, How Long Does It Take to Receive the Check

    @BvIA, Yes, all of this was discussed - and is in the settlement verbage. Also, I declined Medicare when they sent me the packet. I sent it back to them the same day, declining to receive Medicare coverage.
    Who sent you a Medicare package...?

    And, you CANNOT decline Medicare coverage...or assure you will not make application for SSDI within any specified timeframe. You are receiving misleading information. Go read the info at the CMS/Medicare site...www.cms.gov
    As a matter of fact we just reached a verbal settlement this past Friday....Wonder whats next and how long.. lol, grrr
    Verbal agreements mean..NA DA... nothing. If it's not in writing, signed by all parties...it does not exist.
    The next step after the parties sign, the documents go to the WC court judge for review to adequacy to the IW. That would take as long as the back log. Then back to the carrier, and approx 30 days later the check cut. More/less depending on the rules.

  9. #9
    Join Date
    Nov 2009
    Posts
    49

    Default Re: Settled My Workers Comp Claim, How Long Does It Take to Receive the Check

    yeah i know it means nothing, but after 5 years , its a step in the right direction. lol.

  10. #10
    Join Date
    Jul 2009
    Location
    Western Pennsylvania
    Posts
    19

    Default Re: Settled My Workers Comp Claim, How Long Does It Take to Receive the Check

    @BvIA - Yes, you can absolutely decline Medicare coverage - I know, because I did. The decline care of coverage signature statement is on the reverse side of the Medicare card form. If a person wishes not to be covered by Medicare - this is signed and returned to Medicare. I kept a copy of this - is there a way I can post a picture/scan of it on here to show you?

    @BiGMERF, I know how you feel. Are you also in PA? It sounds like the next step would be for you & your fmr employer to meet with a Mediating WCJ to discuss the terms of your settlement... this meeting can take 3 months to get you on the Judges schedule.

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