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    #16
    We have a different situation. Jess lived with us at the time of his accident but two months before, we purchased a different house in town. We were still living in the country with Jess and his brother but were in the process of setting up house in the new one. Since Jess was insured on our automobile policy as a member of our household, our insurance company is now trying to say that they dont have to pay because since we bought a house in a different town, Jess was not a member of our household, saving them 250K underinsured motorist money. And I just found out that Jess will get the insurance money from the drivers policy, I guess our health insurance subrogation rights did come into play but since Jess "will not make a full recovery" they will allow the money from the drivers insurance to go to Jess but it is so little that by the time the attorney takes the 1/3, not much left. And he does get loss of wages from our automobile insurance up to 20K which gets kind of confusing because why would they give him the loss of wage money if they say he didnt live with us, thereby keeping them from the 250K?? Confused? Me too.

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      #17
      Originally posted by rdf:

      mary, if you worked and paid SS taxes, and if you are designated as disabled, they can't stop you from collecting SSDI.
      -Bob

      lars, correct me if I'm wrong...

      [This message was edited by rdf on 11-13-03 at 10:53 PM.]
      RDF,

      You are correct . . . SSDI is not asset based. But from what Mary is saying she does not fit the SSDI requirements. Remember that its based upon quarters worked and paid into the SS system. Mary's best bet was to put the money in a trust, used it to fix her house as a medical necessity and otherwise be available to augment her "medical needs." A good lawyer should have explained how the trust mechanism would have worked. Jim's account below is an excellent reopresentation of what a lawyer and client can do when communicating well.

      And btw: I don't usually like pilots, but there was this one guy who landed the plane really smoothly . . . he was o.k [img]/forum/images/smilies/tongue.gif[/img]

      Mary I suggest you contact your local independent living center and set up an appointment with a benefits counselor. My guess is that if all of the money is now gone, you should be able to get back on SSI. And if it isn't all gone, I recommend you go find a good financial advisor and discuss trust options to protect the money you have left and possibly get back onto SSI.
      What we do in life echoes in eternity. Maximus - Gladiator

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        #18
        Jesse's Mom - I'd have a consult with a disability attorney, if possible. SOmething smells like a rat to me!

        Off topic - but are you still having trouble logging on?

        _____________
        Tough times don't last - tough people do.
        _____________

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          #19
          I am receiving Workers Comp payments equal to Calif Disability payments I received for the first year of disability. However, I had to sue the contractor I was working for because he had no W/C insurance. I sued through the Uninsured Employers Fund of W/C. Contractor fought tooth and nail trying to prove I was an independent contractor. I won. This is about 1/3 of my salary at time of accident. I also receive SSDI which brings me up to about half of my previous salary...and it's tax-free so I only took a small pay cut.

          We also are suing contractor in civil court for damages and both sides rested today. Verdict should be out next week. If I win that and the award is big enough, I'll pay back Medi-Cal (Calif medicare), the Disability Dept, the U.E.F., Doctor's balances owed and attorneys and take the rest for my future. This probably won't be the case and after everybody else their cut, it won't be equal to the W/C and SSDI payments I receive now till death. So I'll opt for continuing the W/C and SSDI.

          "It's not easy being green"
          accept no substitutes

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            #20
            Larwatson - Question and request ! Would you be willing to write up a short piece on 'Special Needs Trust', explaining what they are, how they function, and why it's important for folks getting settlements to investigate this? I feel it's so important to protect that money, and apparently these trusts aren't very common knowledge. Perhaps we could get Jeff to put it in 'sci.org' section so it's there for folks to reference.

            Thanks in advance! Jackie

            _____________
            Tough times don't last - tough people do.
            _____________

            Comment


              #21
              Originally posted by MJ Hopper:

              I was injured over 5 years ago and we are just now going to trial, my seatback in my car collapsed, the gears were defective.
              i had a honda car that used to do that..
              cauda equina

              Comment


                #22
                Originally posted by jmublueduck:

                I'd assume most legal cases are confidential, so just vote & remain anonymous... unless you care to share...
                but I'm curious... did you receive a settlement of sorts because of your injury?
                _
                i went to 3 or 4 lawyers, 2 were recommended by other attoneys that i used to canoe race with. one was a lawyer and a doctor
                they looked at the case , and even though they agreed there was malpractice involved..not with my surgeon, he was great. , but the chiro office i was seeing weekly for 2 years for back pain. the lawyers said there was nothing to hang their hat on...its a busineess decision... but i tried all angles so i got closure for myself and can let it go. never have to think i should have..
                workers comp covers me since the injury occured while working, and if the pain factors take me out and i cant work at all, my ssdi will be pretty good after putting into it for over 25 years,
                cauda equina

                Comment


                  #23
                  Originally posted by Kaprikorn1:

                  I am receiving Workers Comp payments equal to Calif Disability payments I received for the first year of disability. However, I had to sue the contractor I was working for because he had no W/C insurance. I sued through the Uninsured Employers Fund of W/C. Contractor fought tooth and nail trying to prove I was an independent contractor. I won. This is about 1/3 of my salary at time of accident. I also receive SSDI which brings me up to about half of my previous salary...and it's tax-free so I only took a small pay cut.

                  We also are suing contractor in civil court for damages and both sides rested today. Verdict should be out next week. If I win that and the award is big enough, I'll pay back Medi-Cal (Calif medicare), the Disability Dept, the U.E.F., Doctor's balances owed and attorneys and take the rest for my future. This probably won't be the case and after everybody else their cut, it won't be equal to the W/C and SSDI payments I receive now till death. So I'll opt for continuing the W/C and SSDI.

                  "It's not easy being green"
                  i know how comlicated it gets, i have workers comp for my injury. sometimes i have to stop and check to make sure the lawyers are doing the right thing, or trying to get the most money for themselves...not the best for me.. in nys you cannot sue your employer if you are covered by wc, but you can sue the maufacturer of thew equipment , say if the ladder broke nad caused the injury, but at thesame time in nys if the employee is negliable , they are still coveres by wc, like say they were supposed to be wearing a hard hat and werent, and suffered injury to head..
                  so its like a no fault thing i guess, but the max payments in nys is very low , $400 a week max,even in you were making $100,000 a year
                  cauda equina

                  Comment


                    #24
                    Originally posted by yonkersguy:

                    and if the pain factors take me out and i cant work at all, my ssdi will be pretty good after putting into it for over 25 years,
                    If I remember right, you work for Verizon and cant do the same job duties to the extent you were able to do them pre-SCI. I know you are currently working, but I got an idea how to make some extra $$ for a year and get yourself set up with SSDI so you immediately get $$ if you find you cant work anymore. SCI is classified as a condition that automatically qualifies as approved with SSDI, so all you have to do is mail in some paperwork and list a Dr. that can verify that you are injured. Six months after doing the paperwork thing, you are qualified for SSDI payments. Once you start collecting, there is a 'trial work period' of 12 months that you can earn your regular income as well as SSDI. Now if you were to say that you are really having a hard time working and a big possibility that you cant live up to your employer's expectations due to your injury, there would be a case for starting the SSDI process. Then you would be doing the trial thing for a year, make some more $$, and well, if you keep working, no harm in that. You would then be approved for immediate payments should you stop work for 7 years, at which time you might have to mail in some more paperwork to refresh your injured status with the SS admin. Might be a idea [img]/forum/images/smilies/wink.gif[/img]

                    Comment


                      #25
                      Originally posted by Marmalady:

                      Jesse's Mom - I'd have a consult with a disability attorney, if possible. SOmething smells like a rat to me!

                      Off topic - but are you still having trouble logging on?

                      No, everything is okay now except when I go into chat, I have to use my old nick (beelady) and the old password. Dont know why.

                      _____________
                      Tough times don't last - tough people do.

                      Comment


                        #26
                        Originally posted by Marmalady:

                        Larwatson - Question and request ! Would you be willing to write up a short piece on 'Special Needs Trust', explaining what they are, how they function, and why it's important for folks getting settlements to investigate this? I feel it's so important to protect that money, and apparently these trusts aren't very common knowledge. Perhaps we could get Jeff to put it in 'sci.org' section so it's there for folks to reference.

                        Thanks in advance! Jackie

                        _____________
                        Tough times don't last - tough people do.
                        I'll see if I can get some good reference material.

                        . . . those of you who are looking at entering into settlement arrangements I suggest you discuss with your attorney the trust mechanism. If he/she appears unaware or lacking knowledge in this area (remember, PI attorneys are litigators not trust attorneys) get a referral to a good attorney who does estate planning. This is vital.
                        What we do in life echoes in eternity. Maximus - Gladiator

                        Comment


                          #27
                          While hanging out of the front of my friend's van, bleeding profusely from my face, I heard those fateful words, "I'm sorry...I don't have any insurance". He doesn't have a pot to pi$$ in or a window to throw it out of so I did not get any sort of settlement. After consulting several lawyers it was determined I would be throwing good money after bad to try suing him. My own uninsured motorist insurance paid a whopping $50K which did not cover the first week of ICU so I was screwed from the get-go.

                          On the bright side, whenever I need some extra cash for expenses I can pick up the phone and call my friend who bends over backwards to help. That's what 25+ years of friendship can do.

                          "And so it begins."
                          "And so it begins."

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