Both my inlaws were on disability. My Father in Law passed away back in July at age 61.
She can receive whichever is higher. It may be her disability check from Social Security is higher than her widow's check from Social Security. She should go to the local Social Security office and ask if the widow's benefit would be higher than her own Social Security disability check.See question
please help me figure out what will happen in my case. I worked for 2 weeks at 9.50 per hour and got hurt. Workers comp has been paying me 371$ every two weeks for 6.5 months now, i am also receiving 760$ per month ssdi. Im 45 yrs old. How much...
Generally, if you receive WC and SSDI at the same time, the SSDI is reduced. The formula is WC + SSDI if greater than 80% of what SSDI deems to be your average weekly wage will result in a reduction of your SSDI payments. SSDI will use your highest average weekly wage from the 5 years before you became disabled. So, for each month that you received SSDI and WC, you will have an overpayment if the combination of payments exceeds the 80% formula. For example, if your average weekly wage was $1,000 a month, then 80% of that would be $800.00 a month. Thus, if SSDI plus WC exceeded $800.00 a month the SSDI would be reduced down until the total added up to $800.00 a month.See question
I was injured, began ttd and a light duty was offered through a transiton program, I accepted but then was rejected by the non profit because of criminal history....during this I also tested positive for meth, thing is I was willing to work and th...
I practice workers compensation law in Virginia. If one is offered a light duty job here and cannot take it due to a positive test for meth that would be grounds for loss of compensation. The reason is you caused your "own wage loss" by testing positive for an illegal substance. You need to retain an experienced WC lawyer immediately. Use the Find a Lawyer Tool.See question
My question is about drawing social security retirement benefits and also apply for social security disability.
Is there a drawback in taking Social Security at age 62 and also applying for Social Security Disability. None that I am aware of. I agree with my colleagues.See question
Four weeks ago I got phone call from the company that is handeling my long term disability. Straight to the point they gave the run around and giving me all kinds of excuses why they would not continue to pay my disability Every time they would g...
I have bad news. Almost all Long Term Disability (LTD) companies offset against Social Security Disability benefits. You can request a copy of the LTD policy. Once you get it you should check for the offset provision. The only issue will probably be how much is offset. Once you obtain the policy you still may want to run it by an attorney to check if the LTD company is offsetting properly.See question
Hello, My husband and I have two minor children and are in the process of separation/Divorce. My husband is 62 and has applied for retirement benefits as well as for the children's benefits. According to the SSA, he should start receiving the b...
The custodial parent usually gets the Social Security dependent check. Your spouse can take Early Retirement Social Security at age 62. This of course will be less than if he waited until his full retirement age at age 66. However, his dependent children under age 18 are eligible for 50% of his benefits. So why don't each of you be the custodial parent for one of the children. The custodial parent will be the payee for that child's check and obligated to use the check for that child's welfare.See question
I have an old NY workers comp claim from 1996 for a back injury where symptomatic treatment is approved. They have paid for my chiropractic care for years. The injury is now worse and they are paying for further treatments with epidural shots. I n...
The key maybe you have a 1996 injury. That was 20 years ago. There are usually time limits on re-opening claims and asking for additional wage loss. Your time period may well have expired. Contact the Workers Compensation Commission in New York and ask about the time for asking for additional wage loss. Even though they were paying for medical care, it does not mean they will pay for wage loss. Short Term Disability typically pays 60% of pre-injury wages but is taxable. Workers' Compensation pays 66 2/3 of pre-injury wages and is not taxable. But as others have said, you would probably have to pay back the Short Term Disability if you received WC benefits for the same period.See question
I'm scheduled for a workers compensation full and final mediation hearing next week and I don't have legal representation and I'm not sure of the things I should be negotiating.
As a Virginia Workers Compensation lawyer I can tell you that you have one chance and only one at a settlement. In a mediation, the insurance company will be represented by a lawyer. The Deputy Commissioner will represent the government. You indicate you are "not" represented. Unless you have mastered the WC system for the state of Virginia representing yourself is a mistake. You need at least to discuss your case with an experienced workers compensation lawyer.See question
I'm on SSA and can't pay my payday loan, will the garnish my SSA check
As others have said your SS check is exempt but they can still go after your account. In Virginia if they obtain a judgment on the payday loan and garnish your account, you can claim the Social Security exemption. You should note that is listed on the back of the garnishment summons.See question
My lawyer believes my case is strong enough to proceed with an otr request.
As a Virginia Social Security Disability lawyer, I can tell you on the record decisions are not common. If you are at the hearing stage, this means your case has already been denied twice and Social Security has listed the reasons for the denials. Many judges want to see claimants in person. As others have said, your lawyer can check with the Roanoke hearing office for any timeline for making an on the record decision. Many factors are involved: your impairments, your age, your past work, your education, your skills, your doctor's opinion, and the opinions of Social Security doctors.See question