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Brian Marc Mittman
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Brian Mittman’s Answers

301 total


  • Do I have to report this credit card to SSA? Does it count as income? What if they gave me a limit above $2000?

    I am on SSI disability and want to get a credit card for emergencies.

    Brian’s Answer

    Your ability to obtain 'credit' is not considered an asset. However, if you are using it for cash advances you should pay attention to what you owe, how you use money and so on. While not an asset you don't want to turn it into one!

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  • Accident on work property

    I went to go talk to my boss a day that i wasnt working and i bought shingles from him to do my roof im not certified to use a fork lift and told me to use it to load the shingles up long story short his driveway at the shop is full of pot holes a...

    Brian’s Answer

    I agree with my colleagues - you should seek legal advice. You may have a work related accident, or for some reasons based on this fact pattern you may not. You will need to discuss the details in-depth with an attorney to make sure that you file the right type of claim and protect your interests. You should also, no matter what, seek follow up medical care! Good luck!

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  • Injuries at work two years ago foot and shoulder

    Foot was found casually related shoulder being contested if found to be C R does insurance have to pay me back pay

    Brian’s Answer

    You are entitled to lost wage benefits during periods of lost time from the injury. If they 'add' an additional body part it does not necessarily increase the value of the lost time. However, at the end of your case if you have multiple body parts that were injured (your shoulder and foot) then you may be entitled to additional money for each of those body parts. Good luck!

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  • Section 32 and SSDI offset

    I have just closed on section 32 settlement with MSA agreement I am on SSDI also can they offset my SSDI if language in it is not to their approval and if so can a lawyer send a letter to them to see if it can be recalculated with additional info ...

    Brian’s Answer

    These are very good and insightful questions. First things first, the MSA component of a settlement helps protect you for future medical that could be paid or should be paid by medicare and doesn't impact any offsets.
    As to the settlement affecting your social security - that will depend on the amount that is consider to be the weekly payment (the allocation of benefits). If the Monthly amount of your workers compensation (even from the settlement form) and social security disability benefit exceeds 80% of your ACE (the average current earnings used to figure out your benefit) then there will be an offset.
    So, if your section 32 doesnt specifically spell out that your settlement of xx dollars is to be allocated at x dollars a week then Social security will likely look to the last decision to see what was being paid to you weekly - as I write this it is getting complicated so please speak to your attorney to discuss. Good luck!

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  • Do I have a case against them all?

    I got hurt on 7/26/94 while at work in Corning Inc. Using an unsafe dock plate that was reported to OSHA. I told the supervisor it was unsafe and it was reported to OSHA. He stated us it or get fired. Well I got hurt !! Beginning of December Liber...

    Brian’s Answer

    Mr. Welch's answer is appropriate - you should find local counsel. Unfortunately, the older your case is the more likely the insurance company and or special funds will find ways to stop paying you, dispute medical care and make your life miserable. You are obviously in a bad way but the system is not designed to pay benefits and medical care for extended periods of time unless under certain circumstances. Also, you mentioned your attorney seems to have been recently paid - perhaps you should try to make an appointment again. Good luck!

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  • Just wanting to know what is a form RFA-2

    Non-schedule award form RFA-2

    Brian’s Answer

    An RFA-2 is the form that the Workers' Compensation Board requires an Insurance Company to file if they want something done on a particular case. It is a "Request for Action" and may lead to a written administrative decision or an actual hearing. You should consult with your attorney or speak to one if you do not have one. Good luck!

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  • I had this case since 3/3/15 I want to know can I get a lawyer

    My workers compensation case I hurt my shoulder on the job been out of work for sometime but now I'm back to work but my case is taking sometime

    Brian’s Answer

    You can always get a lawyer. With a shoulder injury you can certainly still get medical care and likely money for lost time and if you end up with a permanent injury money for that injury. I hope this helps!

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  • Is there anything I can do about this? I feel so little again.

    In a soon to be settled comp case, the worker's comp insurance is trying to put a lien on a recent human rights settled case. They feel that they are entitled to part of this settlement due to them having to pay for something medical as a result ...

    Brian’s Answer

    The workers compensation insurance company can recover money as a lien against your third party settlement if the settlement is just that - one against a third party somehow connected to the underlying claim. As Mr. Feld pointed out, you need to provide additional details regarding this claim. You really do need to sit down with your attorney to discuss.

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  • How long can I take to accept NY Workers Comps offer for a dental implant?

    I broke a crown at work, NY comp replaced the crown, and almost a year later the crown fell out. The dentist recommended that the remaining tooth be extracted. I was referred to an oral surgeon that pulled the tooth. I was contacted by an insuran...

    Brian’s Answer

    The only thing I would add to Ms. Medici's comments is that you are not required to have surgery on a workers compensation case in general. However, if you wait too long the insurance company can always try to give you a hard time. Nevertheless, if the treatment was authorized then you should be fine no matter when.

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  • Do I have to submit this evidence?

    I had my disability hearing. The record was left open for my last office visit. Before the hearing Social Security asked me to give them my doctors' names. I did. I also submitted medical records that say my doctor completed a report about ...

    Brian’s Answer

    Social Security requires that you submit all evidence related to the claim, even evidence that could weigh against you. However, if you have an attorney you should discuss it with her. As to whether you think it is good or bad you cannot really say that unless you can understand all of the issues. Good luck.

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