Results 1 to 7 of 7
  1. #1
    Join Date
    Nov 2022
    Posts
    1

    Default Seeking Disability After Resignation

    My workers compensation claim was made in the State of: Iowa

    I have a documented mental health diagnosis as a result of an extreme trauma exposure in law enforcement. My agency sent me to an independent specialist (clinical psychologist) to seek an opinion on whether or not he agreed that it was work related and he stated that the traumatic event was indeed a work-related contributing factor incurred during the course of my duties. My family doctor and a psychiatrist I saw on my own concur. It has been incredibly distressing and disruptive to my life and I was steered away from making a "work comp claim." I told my agency's risk management division that I did not want to pursue a claim at the time but wanted all the documentation in place in case I needed to. They said under Iowa law that there is a 2 year statute of limitations. I did resign as a result of the mental health injury as it simply became too distressing to continue in my duties. I filed an injury and illness report with risk management before I left and told them I wanted everything in place that I needed in case I needed to come back and seek further treatment or a disability claim for this incident in the future if my symptoms don't improve. The department has access to all of the documentation from the specialist they sent me to that agreed it was work related.

    I made the decision to resign under such distress that I'm worried I didn't adequately do my homework and research on coming back and making a claim. Neither risk management, nor my agency was clear at all in explaining the claim process. Additionally, I was steered away from making a work comp claim while I was off duty seeking treatment and our agency has lost law suits regarding retaliation for similar things in the past and I feared retaliation for making a claim. I ended up being off duty for treatment on my own accrued sick time benefit.

    Even though I have everything documented, and the specialist they sent me to rendered an opinion- does the fact that I resign mean I may not have any recourse for disability if this condition continues to affect me and prevent me from holding future employment?


    Thank you.

  2. #2
    Join Date
    May 2010
    Posts
    665

    Default Re: Seeking Disability After Resignation

    Quote Quoting WNFALCON42 View Post
    My workers compensation claim was made in the State of: Iowa

    I have a documented mental health diagnosis as a result of an extreme trauma exposure in law enforcement. My agency sent me to an independent specialist (clinical psychologist) to seek an opinion on whether or not he agreed that it was work related and he stated that the traumatic event was indeed a work-related contributing factor incurred during the course of my duties. My family doctor and a psychiatrist I saw on my own concur. It has been incredibly distressing and disruptive to my life and I was steered away from making a "work comp claim." I told my agency's risk management division that I did not want to pursue a claim at the time but wanted all the documentation in place in case I needed to. They said under Iowa law that there is a 2 year statute of limitations. I did resign as a result of the mental health injury as it simply became too distressing to continue in my duties. I filed an injury and illness report with risk management before I left and told them I wanted everything in place that I needed in case I needed to come back and seek further treatment or a disability claim for this incident in the future if my symptoms don't improve. The department has access to all of the documentation from the specialist they sent me to that agreed it was work related.

    I made the decision to resign under such distress that I'm worried I didn't adequately do my homework and research on coming back and making a claim. Neither risk management, nor my agency was clear at all in explaining the claim process. Additionally, I was steered away from making a work comp claim while I was off duty seeking treatment and our agency has lost law suits regarding retaliation for similar things in the past and I feared retaliation for making a claim. I ended up being off duty for treatment on my own accrued sick time benefit.

    Even though I have everything documented, and the specialist they sent me to rendered an opinion- does the fact that I resign mean I may not have any recourse for disability if this condition continues to affect me and prevent me from holding future employment?


    Thank you.
    Well being disabled has nothing to do with being fired, quitting, or anything else. You need to prove your case to SS. Its not easy and most fail the first 2 times. Its a 3 strikes and your out rule. The longer you are out of work the (better?) it reflect you actually do have a disability.

    I waited a year before I filed. My case was air tight and was accepted in about 3 months. That is not the norm at all.

    This will probably take you years to get, try yourself 2 times, if no luck hire a SS attorney they will get a cut from all your back pay.

  3. #3
    Join Date
    Oct 1971
    Posts
    5,315

    Default Re: Seeking Disability After Resignation

    Even though I have everything documented, and the specialist they sent me to rendered an opinion- does the fact that I resign mean I may not have any recourse for disability if this condition continues to affect me and prevent me from holding future employment?
    You should never resign, have your doctor write you up a no work or a restricted work write up - you could then file for Worker Compensation.

    The fact you resigned disqualifies you from a Worker Compensation claim.
    You can try to file for SSDI - you might qualify if you meet their definition of disability.

    The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.
    What We Mean by Disability
    We consider you to have a qualifying disability under Social Security rules if all the following are true:

    You cannot do work and engage in substantial gainful activity (SGA) because of your medical condition.
    You cannot do work you did previously or adjust to other work because of your medical condition.
    Your condition has lasted or is expected to last for at least one year or to result in death.
    https://www.ssa.gov/benefits/disabil...y.html#anchor3

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  4. #4
    Join Date
    Oct 1971
    Posts
    5,315

    Default Re: Seeking Disability After Resignation

    Dexter
    There could be a chance that psychological injuries could be an implicit accepted injury due to your profession.
    Thanks for your input, its much appreciated - Welcome to the forums!

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Oct 1971
    Posts
    5,315

    Default Re: Seeking Disability After Resignation

    Dexter
    I do believe that injury is implicit in the nature of his work
    What confuses me is even if an injury is accepted, resigning in most states would disqualify the claimant from wage loss benefits if the employer is offering work within the doctors' restrictions.
    In some states the claimant would still be eligible for medical though.

    The only time resigning would be an option or requirement is when settling a permanent disability case - the employer would require the employee to resign as a condition to release them from future liability and close the case.

    I researched Iowa and can't find a definite answer - in most sources it does say by resigning you would forfeit wage loss payments - I won't post the sources because most are attorney links and I would be spamming my own forum.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  6. #6
    Join Date
    Oct 1971
    Posts
    5,315

    Default Re: Seeking Disability After Resignation

    Dexter
    You are correct a compromise and release would be the only condition where you would need to resign and set the insurance company free from anymore reponsbility of the case.
    Thats's exactly my point - when the poster resigned, he set the employer or carrier free from future litigation. I'm confused as to what an implicit injury has to do with this rule, it would seem to me he forfeited his right to wage loss benefits when he resigned, implicit injury or not.
    I'm confused as to how you can claim wage loss benefits when the employer offers work within your restrictions and you refuse to work. by resigning.

    Just need to get a good lawyer in Iowa.
    I agree, here's a thread posted in this forum from complwyr on how to find a good lawyer.
    Researching Lawyers Before You Choose One
    https://www.workerscompensationinsur...You-Choose-One

    So, do you know if he is within 24 months of his resignation?
    No, the poster never gave a timeline.

    Love this stuff, critical thinking and finding loopholes.
    That's what we do, that's the purpose of this forum.

    In CA, we have something called Subsequent Injury Benefits Trust Fund (SIBTF) - If you get a min, check it out.
    I am aware of that fund - here's the source for those who want more info.
    Posting sources from a secure state website is not considered spam.

    Uninsured Employers Benefits Trust Fund (UEBTF) & Subsequent Injuries Benefits Trust Fund (SIBTF)
    Two special funds pay claims to injured workers under certain circumstances.
    *Claims are paid from the Uninsured Employers Benefits Trust Fund (UEBTF) when illegally uninsured employers fail to pay workers' compensation benefits awarded to their injured employees by the Workers' Compensation

    *The Subsequent Injuries Benefits Trust Fund (SIBTF) is a source of additional compensation to injured workers who already had a disability or impairment at the time of injury. For benefits to be paid from the SIBTF, the combined effect of the injury and the previous disability or impairment must result in a permanent disability of at least 70 percent.
    https://www.dir.ca.gov/dwc/claims.html

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  7. #7
    Join Date
    Oct 1971
    Posts
    5,315

    Default Re: Seeking Disability After Resignation

    Dexter
    Life changing money when you are on SSDI and the great thing is SSDI cannot count the money as income since it is considered state disability money. Non-income.
    They don't count it as income, they consider it a benefit and reduce (offset your payments accordingly)
    If you receive workers’ compensation or other public disability benefits, AND SSDI benefits, the total amount of these benefits cannot exceed 80% of your average current earnings before you became disabled.

    How Workers’ Compensation and Other Disability Payments May Affect Your Benefits
    Workers’ compensation and other public disability benefits, however, may reduce your SSDI benefits.
    Workers’ compensation payments are made to a worker because of a job-related injury or illness. They may be paid by federal or state workers’
    compensation agencies, employers, or by insurance companies on behalf of employers.
    Other public disability payments may affect your Social Security benefits. These payments are made by a federal, state, or local government and are for disabling medical conditions that are not job-related. Examples are civil service disability benefits, state temporary disability benefits, and state or local government retirement benefits that are based on disability.

    If you receive workers’ compensation or other public disability benefits, AND SSDI benefits, the total amount of these benefits cannot exceed 80% of your average current earnings before you became disabled.
    If the total amount of these benefits exceeds 80% of your average current earnings, the excess amount is deducted from your Social Security benefit.
    https://www.ssa.gov/pubs/EN-05-10018.pdf

    Also there's another issue - if these settlements didn't include medical treatment for life (which is highly unlikely, it defeats the purpose of settling a claim)
    Medicare won't pay for medical associated with a work related injury unless the claimant protects Medicare's interest.
    Medicare requires an attestment from the patient when seeking medical treatment as to whether this injury is work related or from an accident - if you lie, they can charge you with fraud.

    The claimant would have to submit a Workers’ Compensation Medicare Set Aside Arrangement if the total settlement amount is greater than $25,000.00; or
    The claimant has a reasonable expectation of Medicare enrollment within 30 months of the settlement date and the anticipated total settlement amount for future medical expenses and disability/lost wages over the life or duration of the settlement agreement is expected to be greater than $250,000.00
    https://www.cms.gov/Medicare/Coordin...WCMSA-Overview

    You didn't respond to my point about how you can claim wage loss benefits when the employer offers work within your restrictions and you refuse to work. by resigning.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

Similar Threads

  1. Replies: 10
    Last Post: 03-18-2015, 08:24 AM
  2. No Resignation Requirement in C&R
    By allbummedup in forum Georgia
    Replies: 7
    Last Post: 12-01-2012, 05:49 PM
  3. Forced Resignation
    By dblock in forum Pennsylvania
    Replies: 2
    Last Post: 02-18-2010, 06:30 AM
  4. Global Resignation
    By imhurtinpa in forum Pennsylvania
    Replies: 7
    Last Post: 01-29-2010, 08:01 PM

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