Georgia Worker's Compensation - Help For Injured Georgia Workers

• Georgia Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• Georgia Worker's Compensation Resources - Links and resources for injured workers.

Results 1 to 7 of 7
  1. #1
    Join Date
    Jan 2012
    Posts
    4

    Default Disability After Settlement

    Well I settled my Worker's Comp case without having the back surgery, but the contract says that I am not entitled to Medicare until after 30 months. So, my questions is can I file for Disbaility just for financial assistance since I cannot work due to my injury (will not get better with or without surgery) and leave out the Medicare?

    Thanks in advance!

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Disability After Settlement

    file with whom?
    private disability policy?
    state program?
    federal program (SSDI)?
    Last edited by .SH; 03-31-2012 at 11:34 AM.

  3. #3
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,031

    Default Re: Disability After Settlement

    The 30 months is a reference to the timetable of your potential eligibility for Medicare. You first have to get approved for SSDI, then have to wait two years to be eligible for Medicare. That reference is in the agreement to explain why no MSA was provided to cover your future medical expenses.

    You did have a lawyer for this, didn't you?
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  4. #4
    Join Date
    Jan 2012
    Posts
    4

    Default Re: Disability After Settlement

    Quote Quoting .SH View Post
    file with whom?
    private disability policy?
    state program?
    federal program (SSDI)?
    SSDI or SSI I believe is what it is.

    ---------- Post added at 07:26 PM ---------- Previous post was at 07:22 PM ----------

    Yes, I did have a lawyer.. But I don't completely understand that while they say that I cannot get medicare since some of my settlement is set aside for future health costs... But, I cannot get a job due to my doctor's written work restrictions. So, that leaves me wondering If I can get some sort of financial assistance through SSI but without the medical?

  5. #5
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,031

    Default Re: Disability After Settlement

    If you settled for a lump sum you surely have too much money to qualify for SSI.

    You may qualify for SSDI and hopefully your lawyer put the offset reducing language in your settlement so you can maximize any SSDI you get.

    And you may find that settling was not really the right thing to do.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Disability After Settlement

    To qualify for SSI, which is seperate from SSDI, you must be 65 years old, disabled (100% and low income) or blind.
    You must be eligible for SSDI/disability as well, and Medicare eligible. Application for SSDI can take a year or more to be awarded entitlement benefits.

  7. #7
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,928

    Default Re: Disability After Settlement

    In addition to what Bob and BvIA listed your resources MUST pass the smell test to qualify for SSI but, NOT SSDI. Your resources must be less than $3,000.00 which EXCLUDES your home and FIRST vehicle. Any additional homes or vehicles are counted as resources. ANY money in the bank in your name, don't matter that it is ear marked for medical from WC or otherwise, IF it is in your name it is yours and IF that amounts to more than the $3,000.00 your ship is SUNK for SSI. Again NOT SSDI. Go here and read up on the qualifier for SSI & SSDI:

    http://www.ssa.gov/

    Everything you need to know about SSDI and SSI is at that sight. Once you have waded through the material then decide IF you are ready to start the application process. When/IF you do there is some very good information here:

    http://www.disabilitysecrets.com/

    Arrow down to the far left side of the page for an index of topics. Much of what you can find available on that site is extremely helpful in getting your application through the process with the SSA with as little hassle as possible. Get ALL of your medical records together and organized and submit them with your initial application. Make rapid replies to any additional information they ask for. The longer you wait to submit information the longer it is going to take to get an answer from the SSA.

    As Bob pointed out I sure hope what ever AA you used did put the Social Security Language in your settlement documents. IF s/he did not then you are likely to be no telling how much money out of pocket that you might have otherwise been entitled to with the proper wording in your WC settlement documents. AND that is in regards to both SSI and SSDI BTW. The lump sum paid from WC needs to be spread out or prorated over the life of the amount of weeks you were pre-paid for in settlement. IF your settlement documents lack that wording SSDI WILL withhold ALL benefits until such time as they say your entitlement begins. AND it don't make diddly whether you are 100% disabled and unemployable or not. That language MUST be in those documents.

    Happy reading and good luck to you Gagirl.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

Similar Threads

  1. 100% Disability Settlement Value
    By joe williams in forum Disability Benefits
    Replies: 2
    Last Post: 03-03-2012, 08:34 AM
  2. Replies: 7
    Last Post: 08-30-2011, 02:57 PM
  3. PDA, Settlement, 100% Disability
    By CopsWife in forum California
    Replies: 10
    Last Post: 09-09-2010, 10:25 AM
  4. Disability and Settlement - Not Sure What to Do
    By kinter86 in forum New York
    Replies: 15
    Last Post: 06-16-2010, 02:35 PM
  5. Disability After Settlement
    By lindsey1963 in forum North Carolina
    Replies: 8
    Last Post: 10-07-2009, 10:33 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer