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Magnate
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Join Date: Aug 2006
Posts: 2,871
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Magnate
Join Date: Aug 2006
Posts: 2,871
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Attorney's advice
I am very surprised that your attorney was not pro your application of SSDI/ssi!
THis sseems so wrong from many different points of view.
First they do not nessaceraly place a lien, They offset! IF you are receiveing both SSDI and WC, the SSDI will be offset by the workers comp.
IF you decide as in a greatest if not nearly all workers comp claims do come to an end. Except for the older ones. Now I am speaking from PA information of workers comp.
First when you decide to take a settlement from W/c and are on SSDI or will be, they language of the w/c seettlemnt is set up that you receive the lump payment, but it is written in structured for purposes of not having a great if any influance on SSDI.
IF you were to receive a lump w/c and the language to protect you as structured was NOT in it...SSDI could avg it out over their projection and you could be without SSDI benefits until by their calculations you maxe dout your settlement. That could be YEARS!
Also, they avg the amount paid...if you are off work for years from the disability and do not file, it will decrease the amount of total benefits.
I did not complete the first process when I was off ten years for two years with my knee surgery. I went back half time for a year, when I could no longer work, my claim proccessed and now I am recieving 1/3 less what I could have. It was over $960 and now I receive only $603. from not filing that first two years.
I was advised by two attorney's, a case worker for SSA, and a recent workshop presenter that many benefits due my son are being lost due to his NOT applying. I asked the question you just stated.
Also, what protection is there is you lose the w/c and then in hurry and file for SSDI?
I don't know about the others in advice, but this bit me big time by not filing, and all the advice for my son is the same to protect him, his right,s, and screw how inconvient it is going to make ti to w/c to settle.
My son said, but w/c is being nice, they are happy I am not on SSDi. I told him YES, it is to their benefit NOT to care how you are hurt, but how easy it is for them to settle!
W/c is not your friend, I hope that your attorney is not one looking to protect his pocket book by puting you in a bad spot!
Get a second opinion!!!!!!
Call Soc Sec,
and read post here!
Dianne
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Pocono area, PA
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