Gerald Gregory Lutkenhaus’s Answers

I don't practice Workers Comp Law in your state but I have practiced WC Law in Virginia for 35 years. You have to be careful when you settle a WC case and at the same time you are getting SS and Medicare. Generally, WC reduces SS. Also, Medicare will not pay medical expenses if you had WC for this injury. When a Medicare Set Aside, MSA, is mentioned this means the WC Insurer has to show Medicare that the settlement will cover "all" your medical expenses for the future before Medicare will...

Normally, Social Security is not reduced. SSI or welfare disability can be reduced if she has another source of income. You need to state why her benefits were reduced in order for this forum to help you.

You need to find the highest rated lawyer. Martindale Hubbell gives the rating of AV to the attorneys it ranks the highest. Here at AVVO the highest rated lawyer have a 10.0 rating. So you can look for California workers compensation lawyers who have the highest rating by both Martindale & AVVO.

I agree with the others even though the SS money is not received but is offset due to receipt of WC benefits, your wonderful government "taxes" you on something you "did" not receive. I think someone once said the law is an "ass" which is true in this situation.

Call the Texas Workers Compensation immediately but you may have waited too long to file a claim. The time limit may be one year for filing a claim for compensation. You are now more than two years after the date of your injury. Also call a Texas WC lawyer but I have heard the Texas system is designed to keep lawyers out of the system.

I agree with Mr. Boreleon. You cannot engage in substantial gainful activity (SGA) and still collect disability. SGA is usually grossing more than $1,100.00 in a month. Also, if you have not yet won your disability, any type of work can defeat that claim especially if you self-limit your hours so you are not automatically disqualifed under the gross income rules. The LTD carrier may have its own rules you would need to look at the policy and what it says about OTHER WORK.

Unfortunately, the income of a spouse is "deemed" available for the use of the other suppose. Thus, the $1337.00 your husband recieves may indeed affect your welfare benefits such as Medicaid and SSI. Check with you local legal aid society for the exact computation in your state.

I would only add that if you dismiss your attorney he/she may still request to be paid for the work he/she has done so far in the case. I am sure the attorney has filed a fee request in the case.

I have practiced Social Security Disability for 35 years in Virginia. Social Security is not reduced as a result of receipt of a personal injury settlement. It is only reduced if you receive workers compensation. I hope this is helpful.

Mr. Wayson is correct. What many people do not understand is SSI is not SS. SSI is Weflare Disability. When you are on Welfare, any income of the family unit such as your SSA can disqualify a spouse.