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Old 03-18-2011, 10:31 AM #1
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Sonny1 Sonny1 is offline
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Sonny1 Sonny1 is offline
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Join Date: Mar 2011
Location: New York State
Posts: 172
10 yr Member
Default NYS worker's comp and SS disability??? help

Well here I go again confused as normal. I have been on comp on and off for a year and a half (total time out of work) with returns to work in between surgeries. This started in 2006. So I get fired in August 2010 for being out to much, in a cumulative sense. Civil service allows one year out whether it is all at once or an accumulation of time. Since my recoveries have been getting longer and worse, add in now major depression with major panic attacks, my attorney tells me to file for NYS SSD. I did that back in October 2010. I understand (but do not agree with) any $$$ i may receive in an award, the IC recoups all they have paid me up front for wages. Now I hear that if approved for SSD they offset my award with what my monthly "allowance" would be until it is all evened out??????? So would this even leave me with enough $$$ to buy a postage stamp? I do not get this part, so i will throw out an example of how i interpret it to be.

EX: i get 50,000 awarded for wc case, SSD with holds all payments until it covers the 50,000 i received in my award? I thought that ssd was for people who have disabilities and cannot work period. And that WC award was for future loss of earnings because you either can't work or cannot make the same $$$. How do the two relate...I paid into SSD and I also pay taxes to cover the companies WC insurance coverage. Even if i was able to keep all $$$, it still would not bring me to my standard of living and/or remove pain, trama etc.
Please any insight would help!! My attorney has tried to explain some of it to me, but my mind wanders and I cannot concentrate by just words, i now need things in writing so i can read and re read them.

One more ???? while i am ranting. So I applied for SSD, however in order to maintain my WC benefits I must look for employment! So if SSD sees me looking for employment do they now say....your fine you lose? it is a catch 22 and maybe that is their secret plan...to confuse and frutrate people like me!!
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