SSDI & WC

[WARPED]

I was approved for SSDI while waiting for my WC hearing. Now my WC hearing is over, I have been awarded all backpay and continuing benefits. My question is: How will this effect the ER's view of my claim as far as a future settlement. I know I have permanent nerve damage, impaired gait,impinged nerve, radiculopathy, neuropathy, chronic pain, etc, etc,. Could this possibly be classified as catastrophic? The SSDA was approved back to the month I was injured in. Any info appreciated. Oh, I am in GA.

[Still in Limbo]

If You are Asking if because You were Approved for SSDI will it Help the Outcome of the W/C Decision in Your Case, the Answer is No. SSDI looks at Your Age, Injuries, and Overall Medical Condition, whereas w/c only looks at the Workplace Injury, and any Lasting Effects from the Initial Injury. They are Considered 2 Separate Entities, and even though it shouldn't be this Way, Some w/c Judges may be a bit More Lenient on the Employer because the Injured Worker has SSDI to Fall Back on. Double Check with Your Attorney, but I Believe this is the Case, at Least Here in Pa. it is. Best of Luck!!

[freebird]

I agree with SIL. WC also does not allow pain as a reason to claim Permanent Total Disability. That is the case in my state anyway. My Attorney says some judges will lean more to PTD if chronic pain is used but it is mot suppose to figure in the decision.

Are you aware of the possible offset with SSDI and WC?

[WARPED]

Is the offset when a settlement is made or does it also effect the back pay with penalty that I am due now? I have medicare and the ALJ awarded medical as well as reinstating weekly benefits.

[Still in Limbo]

A lot of Info. would be Needed to Answer that Question Correctly.For Example, if You are Awarded SSDI, and the w/c TTD Amount doesn't Meet or Exceed Your SSDI Entitlement, SSDI will Pay the Difference. If it does Meet or Exceed the SSDI Amount, You will only Receive the Medicare, and Any Cost of Living Raises You May Receive from SSDI, but They have been Frozen for the Next 3 Years, and the Medicare Costs are Rising. Hopefully any C.O.L.A. due You from Before the Freeze will Help to Offset Your Medicare Costs. Now if You had to Fight to Win w/c TTD Benefits and have Won, You will Receive a Lump Sum, and You will have to Report that to the SSA. Any Penalty Money is not Included in that Amount. I Believe that any Back SSDI Money will Hold no Bearing on Your TTD Payments, it didn't with Mine, but Check with Your Attorney to be Sure! Best of Luck, and I Hope this has Helped a Bit!!

[freebird]

WARPED Wrote:Is the offset when a settlement is made or does it also effect the back pay with penalty that I am due now? I have medicare and the ALJ awarded medical as well as reinstating weekly benefits.

http://legalcatch.wordpress.com/2007/06/...-benefits/