So confused on workmans comp, state disability, social security disability!!! Help!

[ezbtr]

So just got letter, checks are now 60% less, temp workmans comp ran out(???) and ends in 15 weeks, dont know about longshoremans bennies( I;m not union but atty looking into, trial could take 6 mos to complete) they filing my state disability(am told it lasts up to a year) and say I should at least for now apply for social security disability(could take 6 mos) and waiting docs lreport stating to WC what my disability % is (listed at 5% (?????) now, maybe a default? I can get around on one crutch making slow progress, doc says I am "permanent and stationary" meaning I have plateaued for the next year or so, but thats all I heard, awaiting his/their reply - ugh this sucks, glad I have savings but still 2 more years of child support (not cheap, maybe refile at court for loss of wages?)
Geez any suggestions out there? :blue:, dont see me going back to even the closest duties, back and leg whacked, but I am in IT, a much tamer job is required
Oh atty is getting me new doc (non workmans comp to check me out more), oh Im in CA

 

[Thalasso]

Never heard of temp workman's comp
Workman's comp i would think varies state to state but never heard of it decreasing like that. I have seen companies workman comp ins. stop just to force the employee to come back to work or just go on SSI.
Hope you got an atty. that deals in workman's comp issues.

 

[bassman284]

ez, I feel for ya ol' bud. It's a very long, painful process and the employer and WC want to keep it that way hoping you will just get discouraged and go away. Since you have a lawyer working on it they know you're not going away soon, so they will employ every tactic available to delay you.

My brother is going through the same thing right now and has been for over 3 years. He has very good lawyer, a Workmans Comp specialist, and that's keeping him in the game, but the game remains lengthy. He got approved for SS Disability in May at 100% disabled. He's not getting the full amount yet because the employer is still paying off various injury settlements on a monthly basis. He had his hearing for the final settlement in April but his lawyer told him this hearing officer generally takes a year to present her findings.

Basically everybody is dragging their feet as long as possible hoping he will die before they have to make any major payout. I don't know all the particulars of your situation but all you can really do is hang in there and keep throwing the lawyer at them.

 

[foodfisher]

Yep, took two yrs. for wife and her att'y to get SSI. Att'y got most of the backpayments.

 

[bruceb58]

Did your doctor examine you and say you can return to work?

 

[ezbtr]

Did your doctor examine you and say you can return to work?

Yup, should know what report states soon, they'll let me know as soon as he turns it in, within a week or so, but I'm stated as permanent and stationary

 

[tpenfield]

So, if you return to work, then no need to worry about disability, right?

Weren't you thinking of moving to another state soon?

 

[ezbtr]

So, if you return to work, then no need to worry about disability, right?

Weren't you thinking of moving to another state soon?

true, but no duties I know of that i could do, need to call company HR(I guess) , talk to attys more, call SSD, back and leg (rods, screws) whacked, seeing if I qualify for Longshoreman's bennies(I'm not union but work with them and on same equipment). Moving - maybe in 2-3 years, depends on my almost 16 yr old son here 50%, also no child support in 2 years.
My attorneys are filing State disability(takes 3 - 6 mos, only good for a year I am told) for me and suggested I file for SS disability for now as they also work on longshoreman's stuff(3-6 mos)

 

[bruceb58]

Seems to me that you need to do a bunch of research on your own. We have no idea who is sending you checks right now so you need to talk to each agency that you are working with to determine when your current benefits end. Seems like a call to HR and some research on the net would be the first things I would be doing. California has good websites that explain workman's comp and disability. I suggest you go to both of them. If you are permanently disabled, then you also need to talk to SS.

My company pays for my LTD up to 60% of my salary. LTD cuts in after STD ends. Since the company pays for my LTD, it is taxable. I actually have my own LTD policy in addition the the company provided one to get my income up to around 60% of gross after taxes which is close to my take home pay.

 

[ezbtr]

Seems to me that you need to do a bunch of research on your own. We have no idea who is sending you checks right now so you need to talk to each agency that you are working with to determine when your current benefits end. Seems like a call to HR and some research on the net would be the first things I would be doing. California has good websites that explain workman's comp and disability. I suggest you go to both of them. If you are permanently disabled, then you also need to talk to SS.

workmans comp sending checks. yup researching, was told they(attys) would handle all, but takes so long

 

[bruceb58]

workmans comp sending checks. yup researching, was told they(attys) would handle all, but takes so long

I would be doing as much research as I can. Always best to be as well educated about the process as you can. This way, you can ask more intelligent questions for your attorney and any agency you may be talking to.

Are you getting an attorney becasuse the company was liable for your injury or are you getting one to handle these other issues?

 

[JoLin]

Yep, took two yrs. for wife and her att'y to get SSI. Att'y got most of the backpayments.

Mine took 6 months to get. Lawyer got 25% of the backpayment. SSI paid him directly and sent me the balance.

For Social Security disability lawyers, the fee is limited to 25% of the past-due benefits you are awarded, up to a maximum of $6,000. Note that the attorney will be paid only out of your past-due benefits, or "backpay"

 

[bassman284]

workmans comp sending checks. yup researching, was told they(attys) would handle all, but takes so long

Well, as I said above, it is a very long process. Your attorney WILL handle it all and you should let him/her do it. Do not contact any of these "agencies" without consulting your attorney first. Your attorney's job is to get you paid and get your physical problems paid for. The "agencies" job is to avoid paying you.