state disability/PD payments question

[highdesertguy]

hello everyone I thank you all for the information service
you provide,here is my question(Iam in CALIFORNIA)
workmans comp payments ended july 15.
so I sent my state disability forms
yesterday I called and they told me a check was on its way.
but later on the day I received a a check for 460.00
from workmans comp ins..this is almost half of what they used to pay me. my question is ? what is this payment for?
and Iam also concerned that I have applied for state disability.
I dont want to get in any trouble with the state.
could this money be an advance of a future settlement?
I called my atty they were supposed to call me back
but they never did(nothing new)thanks for your help.!
God bless.

[fireball]

highdesertguy, check your last ttd check from workcomp to veryify what dates the last payment was for. It could be that they owed you an additional couple of days. However, I do have a friend who recieved such a check for a future settlement.(he had no idea when the check came what it was for) It took the attorney awhile to figure out from the work comp company that it was an advance on his settlement. As in your case and his the 460.00 seems a bit low towards a settlement. His attorney told him to go ahead and cash it as he needed the money. There were no papers signed for a settlement and if needed they would have it deducted once a final settlement is agreed and signed on. He also had him write on the check "not a final settlement". As in every case though, where there is a question I would diffently consult your attorney first. Im not knowledgable in state disabilty. If you do not cash it I would assume there would be no ramification, however, if your attorney advises you to cash it I would diffently let the state know the dates and the amount the check was for. It is always better to be honest than dishonest---

cheers!!!

[1171]

look on the check. they often put on a code or term for which acct it's charged to.
I suspect it is an advance on your Permanent Disability. the maximum rate for PD is $230/week.
you are automatically switched from Temporary Disability Payments to Permanent Disability when you become Permanent & Stationary or reach Maximum Medical Improvement.
the advances are deducted from whatever PD is finally set by the comp court.

no problem with the state.
who called to say check was coming? SDI? comp carrier?

P.S. any fire out your way?

[highdesertguy]

1171 Wrote:look on the check. they often put on a code or term for which acct it's charged to.
I suspect it is an advance on your Permanent Disability. the maximum rate for PD is $230/week.
you are automatically switched from Temporary Disability Payments to Permanent Disability when you become Permanent & Stationary or reach Maximum Medical Improvement.
the advances are deducted from whatever PD is finally set by the comp court.

no problem with the state.
who called to say check was coming? SDI? comp carrier?

P.S. any fire out your way?

[highdesertguy]

thanks 1171, there is no code on the check
I called EDD and they told me a check was coming(received it today)
ok assuming that the check I have received from the carrier for 460.00
is an advance, will there be any problems if I also receive
my state disability checks? can I cash both of them?
just want to make sure I dont get in trouble with the state..
the fires are about an hour from where Iam, we can see the smog..
thanks again for your input!

[1171]

no trouble from the state.
if any of the periods overlap with comp, they will get reimbursed from any future payments from comp claim.

an hour away is good