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Gerald Gregory Lutkenhaus's Answers
Contributor Level 15
- 1,038 Legal Answers
- 42 Legal Guides
4
Attorney answers:
Will my workers comp settlement affect my social security disability?
In addition to above I would add it is common practice when settling a workers compensation claim to prorate the lump sum settlement over one's life expectancy. That way the prorated weekly amount is "very low" and if Social Security accepts this than the your future Social Security benefits are not offset vis a vie your workers compensation benefits. The applicable POMS ruling does say in computing the offset after a WC settlement SS is supposed to use the compensation rate as set forth in...
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5
Attorney answers:
How can I find an attorney who's speciality is obtaining Social Security Disability?
In addition to the above you should be wary of contacting firms on TV or on the internet who are out-of-state. You should be able to find highly rated lawyers through NOSSCR and AVVO who are familiar with your doctors and judges. Also, the local attorney can meet with you and your witnesses. Do you want to meet your attorney for the first time at the hearing? I think not!
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3
Attorney answers:
In June 2009 I had hemorrhagic stroke and currently I'm on long term disability. I like to test my ability to work as a TWP.
You indicate you are on long term disability (LTD) benefits. However, you want to come back to work. You should be careful about this. Your wish to return to work is praiseworthy; however, a return to work may terminate your LTD benefits. You did not indicate if you were also on Social Security Disability. If so, you can do a Trial Work Period if you are on Social Security without jeopardizing those benefits. Social Security will disregard income due to a return to work for 9 months. But again,...
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5
Attorney answers:
I was denied workman's comp when I tore my lateral and medial meniscus on my right knee while performing my job
I don't practice WC law in your state. I have practiced WC law in Virginia for 35 years. You should definitely appeal the denial and talk to a WC lawyer in your state. You have not given much information but it appears the claim is being denied due to the diagnosis of arthritis, a pre-existing condition. However, if the tear you suffered was due to the accident and not the arthritis then you should have a good claim. You probably need a medical opinion from your doctor addressing this issue.
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2
Attorney answers:
My workers comp check went from ttd to ppd unscheduled,why?
I don't practice in your state but in my state of Virginia this trick is often played by adjusters. They switch from TTD (lost wages comp) to PPD (perm damage comp) without telling the claimant. This is done when there are no formal awards and payments are voluntary. You need to contact your state WC commission and a WC attorney in your state.
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3
Attorney answers:
Am I eligible Social Security Benefit?
If you have never had earned income in the USA, then you are not eligible for Social Security which is based on the earnings you made while employed in the USA. You can check to see if you are eligible for SSI (Welfare Disability) which is a program not based on your earnings as a worker in the USA.
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3
Attorney answers:
I have diabetes, and a lower back injury from work, the Dr. recommends no shot does this effect my accepted workers comp claim?
I don't practice law in your state but I have practiced WC law in Virginia for 35 years. If you cannot have a shot due to diabetes, this only means one weapon in the doctor's arsenal cannot be used on you. If your neck problem preceded the other pain problem, then this should bother your current WC claim unless the neck problem totally disables you. Otherwise, the WC insurer just has to deal with you and find a job that suits all your infirmities. Of course, you should check with a WC lawyer...
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2
Attorney answers:
Is there a statute of limitation on when this can be reported?
I have done Social Security in Virginia for 35 years. You can report this overpayment to Social Security's fraud division. If you are correct SS will ask him pay back the $18,000. Social Security is listed under United States government in the white pages. You can also look online at SSA.gov.
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3
Attorney answers:
Is it illegal or is it required to ask to recieve the social security money for surviving child if she is not providing for you
You can also check with Child Protective Services or the fraud unit at the locial Security Office.
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2
Attorney answers:
I'm on ssi and ssdi i recently called ssi and was told that i cannot save any money in a cd for my child.. I also have a college
As Mr. Farrell says, SSI is Welfare Disability and as such is means tested. This means if you have more than $2,000 in the bank you will lose the SSI. You did not say how much of your check is SSI and how much is SSDI. Also, you indicated you are going to get Dependent Benefits from your Dad's Social Security. When you get this perhaps the combination of your SSDI and your Dependent SS will exceed SSI and you won't get SSI anyway. If the combination of these other benefits exceeds $700.00 a...
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