Disability After Settlement

[GAgirl]

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!

[.SH]

file with whom?
private disability policy?
state program?
federal program (SSDI)?

[complwyr]

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?

[GAgirl]

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?

[complwyr]

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.

[BvIA]

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.

[SteelMagnolia]

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.