Knowrasa T Patrick-Roundtree's Answers

Does Long Term Disability received have to be paid back @100% if Social Security Disability is approved & back pay awarded?

The amount of the offset will depend upon your LTD policy. You should not spend the retroactive SS benefit until you get this information resolved. There is likely an overpayment division for your LTD company that can calculate the amount of the offset once you receive your Notice of Award from SSA. The amount of your future LTD benefits may also be offset, depending on the policy. The first step would be to get a copy of the policy. They should not have a problem with giving you a copy,...

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Social security disability vs. ss retirement

As long as he is still considered disabled (unable to perform substantial gainful activity), he will remain on SSD. The administration pays the benefit that has the highest amount. Generally, he can work a couple of hours per week, as long as his wage does not reach a level of substantial gainful activity which I believe is approximately $850 to $900 per month. It is best that he stay below even that limit so that there is no argument that he is intentionally keeping his income low, but could...

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Does L&I have to retrain me after closing my claim?

It sounds like you may need a lawyer, but there seems to be information missing from your question. Did the IME examiners give an opinion that you can return to work, at the job of injury, without restrictions? If so, the Department will likely close your claim based upon a finding of employability. Has the Department closed your claim? If so, you need a lawyer. There is a 60 day deadline to appeal such a decision. If your claim is not closed, are you receiving full wages from the Employer;...

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Does L&I cover MRI?

Yes, L&I should pay for an MRI and physical therapy if it is recommended by the treating physician. However, the physician must recommend it for the conditions related to the industrial injury. Any treatment or diagnostic study that is deemed necessary and proper for conditions caused, or aggravated by, the industrial injury should be covered.

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Hostile Work Enviornment

If he treats all the employees bad, i.e. is an equal opportunity jerk, then there is likely little that your daughter can do but quit; presuming there is no one above him that the employees can talk to about his behavior. She may have problems getting unemployment if she quits, without medical certification that she cannot continue at that job. Has she discussed the stress/anxiety with a medical provider? If not, she should look into that option. She may be able to speak to someone at ESD about...

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Can I sue my employer or L&I in Wa state?

Please note that my answer is not intended to establish an attorney-client relationship; and is limited based upon the information provided in your question. Generally speaking you cannot sue your employer for an injury caused at work in Washington State, with few exceptions. The facts as you have stated them, do not seem to support the exceptions, so no you cannot sue your employer. If the someone that mixed the wrong chemicals was a co-worker, or under the employer's control, you cannot sue...

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Social Security rules

If you are receiving SSDI, then you are presumably unable to perform substantial gainful activity on a reasonable, continuous basis. The amount of money considered substantial gainful activity (SGA) increases over time. Generally, you should not earn more than $800 per month, however you are taking a substantial risk with any amount you earn. You must consider that one can argue that you are intentionally staying below the SGA bar to keep your benefits. So be careful with the amount you earn,...

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How much compensation am I likely to get for my injuries? here in Washington state.

It is impossible for anyone to tell you exactly how much compensation you can expect on your claim. What I can tell you is that if an individual is unable to return to gainful employment due to an industrial injury, when considering age, education, restrictions, etc. then they should be pursuing a finding of total permanent disability. This is also known as a pension, and it is a payment once per month for the remainder of your life, unless you return to some type of work. You also should be...

I recently found out that I have Scoliosis and arthritis in my spine, is there anything legally I can do?

I am not sure of exactly what you are requesting. You may want a second opinion if you want to discuss other treatment options. You may want to contact a medical malpractice attorney directly to discuss whether you have a claim for not being told about the diagnosis. I don't know whether your current state would be different if you were told about it previously. However, if you are unable to work due to your condition, you may want to look into applying for Social Security benefits. If you have...

It hasn't been a year yet, so i want to know what can i do from here? lacerated finger/lost limb, ring finger to be exact?

There is a question as to whether your claim will be a Washington State Department of Labor and Industries claim, or a tribal claim. It is in your best interest to file a claim with the Washington State Department of Labor and Industries. If your employer was a tribal employer, it may need to be a tribal claim, but the Department of L&I will let you know. You can file a claim by getting an application for benefits from the local L&I office, your doctor, or your employer. You need to make sure...