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  1. #1
    Join Date
    Jul 2007

    Default SSDI and Workers Compensation

    I was recently awarded SSDI with a disability date going back three years which they will owe me basically 2 1/2 of give or take.
    I received a bench decision the day of the hearing and have received a letter confirming of such - stating if I do not hear from SS take the letter and go to the SS office.

    However, I have spoke to two different people who have been on workers' comp and have been awarded ss disability on 12/06 and the other 2/07 who have not received a dime from SS. They have not received anything stating what they should receive a month, what they should receive in back pay, zip - zero - zilch!

    I am in a state where the back log was long for the ADL hearing. I waited 2 1/2 years just for the hearing and now to be told GOOD LUCK getting your money from SS.

    To top it off my attorney has already sent me a bill for requesting my medical bills and case review from SS - he wants his money so he can clear his books (for some reason I don't think SS will make him wait on his money).

    I know that SS has to do the magic with what you are/were receiving in TTD, subtract what you have paid in attorney fees, medical, etc, - I am just curious if this is standard if you are awarded SSDI while on workers' comp.

    I might add the two people that I mentioned above are both on permanent total - I am still on temporary total (not that it makes any difference).

    Thank you for any insight you may have.
    Last edited by clydeq; 10-01-2007 at 02:15 PM.

  2. #2
    Join Date
    May 2007

    Default Re: SSDI amd WC

    Roofs wife here:

    SSA is allowed to take an offset for the income you are currently receiving from WC and will notify you in writing of how they calculated that sum. If for any reason your income changes [from any source] while receiving SSDI you are to notify them.

    As far as your attorney, if he/she handled this matter for you with SSA then their fee is noted in the settlement docs and should be paid by SSA prior to you receiving any back $ owed.

    It is also odd that your friends received nothing from SSA. A letter is always sent when approved telling you what the monthly amount will be, when it will be paid and a separate letter about Medicare entitlement. This is also true for SSI [supplemental social security income] for low income individuals.

    It would seem odd that your SSA attorney is now asking you for $, most are on contingency and are paid a % of your award for back money.

    Perhaps others who had to travel that long road with SSA to obtain an award can shed some light - especially since you indicated you might have a problem obtaining the award?????

    Last edited by roofinfool; 10-01-2007 at 08:50 PM.

  3. #3
    Join Date
    Feb 2007
    Charlotte, NC

    Default Re: SSDI amd WC

    That sounds like the typical SSD delay in sending you the money. They hold the lawyer's fee checks for months, too.

    The local paper here in Charlotte had a front page story on this delay issue this past weekend.

    The bill you got was the costs bill, and if you check your contract with the lawyer, it should say that you owe those cost reimbursements in addition to the fee. That is standard procedure as well.

    If you don't get your SSD check soon, you can call your US Congressman or US Senator and ask them to look into it. Since W took the White House, the delays have gotten worse. A call from a Senator or Congressman can sometimes shake it loose, especially if they are a Republican (That is only because the President's appointees are Repubs too, when Dems are in the White House calling a Democrat member of Senate or Congress probably gets things done quicker).
    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
    Mar 2007

    Default Re: SSDI amd WC

    I agree with you Bob in that the way this is phrased it is most likely the costs in association with the claim and not the 25% fee the attorney is eventually going to receive from the back pay. There is almost always some sort of extra costs above the 25% in a SSDI case and certainly for one that has drug out as long as clydeq's has. Would it not help this claimant to have his attorney make some calls to SSA as well? I would think especially where the attorney is wanting some money paid toward the costs that he would be willing to help the poster if possible.

    clydeq, have you called the SSA office in the district where your local office is? They might be able to help you out. As Bob suggested get those reps on the phone first thing in the morning. Send them email as well. It is certainly NOT the norm to wait more than 60 days + or - a week or tow for benefits to begin. It is also not unusual to start receiving your monthly benefit check before you see the back pay either. Did you sign up for direct deposit for your SSDI benefits when you filled out the application? If you did is your bank account information still the same. Have you checked with your bank to see if any DD's have been made by the SSA?

    Just as a little helpful tip if you haven't signed up for Direct Deposit of your monthly benefit check it is a very good idea to do so, if you have a checking account. If you don't already have a checking account it would be worth your while to open one for the DD. There is never a delay in getting your check and if the date you are to be paid falls on a holiday or weekend it is paid the Friday before it is due if weekend applies or the day before it is due on a holiday. You never run the risk of the check being mis-delivered and the risk of someone else cashing it, although the chances of this are small I suppose it could happen.

    If you haven't received any form of communication from them in this long you have every reason to get on someones butt and get them moving. If you are expecting to receive a paper check call the SSA and make sure that they have the correct address on your paperwork. If they were to send a check to the wrong address and you get lucky and someone sent it back to SSA it could take for ever and a day for the SSA to contact you. Just keep calling them.

    If the check was mis-delivered I wouldn't worry too much about someone else trying to cash it as those kinds of checks can't be cashed just anywhere. Your back pay is likely going to be several thousand if not tens of thousands of dollars so there is little to no chance that anyone besides you will be able to cash it. I would call the SSA every darn day until I either had a definite date the check could be expected or actually had the money in my hand. I might even call them more than once a day.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln

    Take Care and Be Well.

  5. #5
    Join Date
    Dec 2006

    Exclamation Re: SSDI amd WC

    I have been injured for Three Years now, and I applied for SSDI, on my own, without an Attorney, at the Age of 43 and was Approved in 3mos./3wks. Now one thing has to be remembered, if You are making from w/c what would be 80% of Your LIFETIME AVERAGE WAGE, not current Wage, You will receive NO Money from SSDI. if not, SSDI will Supplement You up to that 80% Figure. You should have received a Report from the SS Administration Yearly letting You know how many Credits You have, and what Your Approx. Disability Payment would be based on Your Lifetime Average Wage. As far as back Monies were concerned, mine were Direct Deposited Before I even received the Letter of Acceptance. When my Attorney won for me in Court and started taking His 20%, I took the Letter to My SS Office, and they raised the amount I received due to the shortage of my Attorney Fees from my w/c Check. You should make an appt. with Your SS Office and soon, and get this taken care of!! Best of Luck!!

  6. #6
    Join Date
    Apr 2007

    Wink Re: SSDI amd WC

    i applied for SSDI 3 years ago. the case worker was letting my paper work just lay around on her desk, and even lost some of it. i contacted a couple senators, one responded, my file was then flagged for Congressional interests, things seem to be moving along a bit better. now is the time to be writing congressmen/women, senators, for election year is up on them, they will be more likely to be of some help, as to get you to pass the word they did so, and that means votes for them, it sad that they are only willing to help the people out, that put them in office only every 2-4 years. writing will help.

  7. #7
    Join Date
    May 2007

    Default Re: SSDI amd WC

    I was injured sept. 2003. I started receiving WC. I filed for SSDI in April 2005 without a Lawyer. In August 2005 I was denied. I hired me a lawyer and appealed in September 2005. In Feb. 2006 I was scheduled to go before the SSDI Judge. My lawyer was called into the Judges office while we were waiting for our court appointed time and The Judge told my Lawyer that my 1st denial was ridiculous and that I could expect a Reward letter. I did not even go before the Judge! My Lawyer was stunned. He said this was the frist time in his 25 years as a Lawyer that this happened to him. I received my rewards letter in March 2006 and I received my backpay approx. 7 weeks later in April. I had no Workers Compensation offset because my Workers Comp and SSDI combined was less than the 80% rule. My Lawyer received his 5300 dollars in a seperate check from the Government. This sum was subtracted from my backpay total as outlined in my rewards letter. My Lawyer charged no extra fees.
    I currently still receive WC pay and benefits along with my SSDI. I do recommend direct deposit because they are always on time. I received my Backpay in a Check but my first monthly SSDI check was direct deposit. I thought this timeline of events would be helpful. If you have received a Rewards letter you will receive what you have coming. I think its crappy for any Lawyer to demand pay before you receive your first SSDI benefits.
    p.s. I screwed myself out of a Months SSDI pay for filing 1 month late the first time but that was my stupidity.

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