Tim Belt

[capricorn]

Hi Tim...I have a question to ask that I hope you won't mind speculating on as I know you cannot answer for someone else. My attorney told me back in August he did not want me to apply for SSD until 5-6 months after my claim was settled because Medicare would at some point take part of my settlement for a set-aside. Never having heard anything like this before I continued to question him . Now he tells me that as of a certain date when the IC has stalled in settlement talks and I have lost my disability pension to apply immediately for SSD as then the IC will have to do a set-aside. In settlement talks I have not been offered any type of open medical once I settle. Not even 6 months. I hope I have explained this right and haven't made it confusing. Mine and my husband's lives are resting on a lot of decisions I have to make soon. It would be to mine and his best interest if I collect my disablity from my pension BUT I have very limited time or my 2 years expires. The only other option I have is to find some sort of work , and with 5 injuries it won't be easy that also gives me at least health benefits. Hubby has Medicare. We cannot live on two SSD checks which is why losing my disability is a real hardship. What the IC is offering is insulting. It's racking my nerves and my health trying to cover all the bases and make the right decision. I am way to young not to keep all in consideration.

CAP

[jayne]

My lawyer explained to me Cappy that It was up to me to decide but If I applied for SSDI and made it they would have to do a setaside for medical....(Thats why I waited for 6 monts after settlement)But if money was an issue to go ahead and file... the difference was he(my lawyer) got 30 % of my medical but I got the rest medicade didnt....

[Bad Boy Bad Boy]

Cap, I had asked Tim Belt to answer your question on that other thread. I think he did a great job of it. Here is the link, look to the 2 or 3rd page of it.

http://www.workerscompensation.com/forum...p?tid=5337

[capricorn]

Thanks BB.>>> I don't know how I missed it. I'm glad you pointed it out.



CAP

[Bad Boy Bad Boy]

Cap, told you I had you on my mind all the time...

[Still in Limbo]

Cap., My Attorney has always led Me down the Right Path, and He was Very Happy that I Applied for SSDI and was Approved! Even if You don't do a Set-Aside and try and wait, it's getting Harder and Harder to get away without doing a Set-Aside, they are watching this Very Closely Now. I would Hate to See Happen to You what I've seen Happen to Others, not doing a Set-Aside and trying to wait to Apply for SSDI, only to have Most of Their Settlements to be Spent on a Set-Aside, and the Attorney has His/Her Money and is Long Gone!! I Wish You the Very Best, and I Hope Mr Belt will have Good Advice for You!!

[capricorn]

So Limbo...If I apply before settlement then a set aside will be in addition to my settlement for lost wages????? Do I understand this??? And if I wait until after settlement then it will come out of my pocket????? Now I am confused again. It's me. I also have a hard time understand the medicare system. For some reason this is a greek to me. I aquire a reading disorder when I am in the SSD and medicare phase.



CAP

[Bad Boy Bad Boy]

Cap, if you were on SSDI now, and then settled your case, a portion of your settlement then goes towards your Medicare Set-aside. That is how Limbo and Tim, and others had told me.

For some reason, I have learned SSDI is also by what State you live in also.

[capricorn]

God love you , Badboy! That was the missing piece. I needed this pulled apart several times and each time I would have more and more questions. Now I understand. Hubby and I hae just had a nice talk about finances. We're not in trouble but could be in years to come if we don't make the right decisions now. I know we cannot survive with both of us collecting SSD. The loss of my pension disability will be a real hardship. I lose it 3 weeks after my IR is done. Well at least I know that when i turn 62-65 my pension and SS will be waiting . Hopefully I won't lose those also.


CAP

Tim and Limbo....thanks for your time and help!

[Still in Limbo]

Cap., the Best way for Me to Explain this to You would be This: My Attorney Shoots from the Hip, and has Treated Me Fairly, and Taught Me a Lot. I have been Injured for going on 4 Years Now, but when I saw My Surgeon Playing Games with Me, when He found Out I had Scar Tissue, I Retained My Attorney. That was about 1 1/2 Years into this Mess. When My Attorney saw through Dealing with the Employers Attorney this was going to be a Drawn Out Affair, He told Me to Sign for SSDI, so that I would Receive the 80% of My Lifetime Wages, rather than the 66 2/3 that w/c Pays, and I would have Medicare to Back Me up if the i/c Denied Me any Medical Care. So You don't get too Confused, I still Receive 66 2/3 from w/c, but SSDI Pays me the Difference from the 80% and what w/c Pays, so I get Paid by Both. He was Ecstatic for Me when I Applied on My Own, and was Approved in 3 1/2 Months! I Guess the Point I am trying to Make is, Me being on SSDI Makes His Job a bit Harder, if We do go to Settle He is going to have to Deal with the Set-Aside Paperwork and so forth, and He May not Make as Much upon Settlement, but His Concern was for My Well Being, and having Back-Up in Case the i/c Started Playing Games, which they have, I wouldn't have My Power Wheelchair if it weren't for Medicare, they Paid for it, and when We Won in Court, (or Hearings I should Say) the i/c had to Re-Imburse Medicare. Speak with Your Attorney again, and Ask them Why they want You to Wait, maybe they have a Good Reason, or maybe they are trying to make it Easier on Themselves. Remember, it's Our Job to Cover Our Own Rears, and make Sure We are being Treated Correctly. One thing My Attorney Told Me and it took a Long Time for Me to do was to let Him do the Worrying for Me, I need to Concentrate in My Health! He has Proven to Me that I can Trust Him and I Do, and My Life is a lot less Stressful Now, knowing that He has My Back!!