Disability woes

[Rinaun]

So my family is on year what, 11 of not getting any substantial compensation or payment from my dad being disabled and having to have back surgery, and we finally have our court case. Hes been labeled as disabled permanently, I dont know EVERYTHING but he cant sit for longer than 15 minutes or be in the same position that long, or lift weight over 25lbs......he cant run, bend or sleep certain ways. All this because he had one disk rupture and more rupturing slowly.

However....... I hear gov'nuh Arhhhhnold changed the policies in CA shortly, or was some part of changing them several years ago in such that the compensation for permanent disability is quite less. My father went from making over 150k a year to less than 25k and during the 11 years he's had to pay for most appointments, medications, transport etc.......... ontop of having to pop 2 handfuls of pills every morning to keep from being in pain.......... I remember when they gave us our first offer of a one time settlement of 25k. For a lifetime of being severely crippled. Lucky we didn't accept, had his case heard by a judge, and they say it looks promising.

my Question: Does anyone have any experience with workman comp and disability compensation? If so, is it true its much worse than it was 5 or so years ago in terms of payout? It just seems my families future is balancing on how much they want to give him, which to me even their suggested outcome of under 100k is a bit of a joke.....he could make 5% of that one Christmas working overtime. Also, were you thoroughly paid for medical, transport, appts? My family went from upper middle class to Top Ramen fiends

Any advice is helpful.

 

[krylon]

However....... I hear gov'nuh Arhhhhnold

I stopped reading after this

Did you know, it's impossible to sneeze with your eyes open?

 

[Rinaun]

sorry, you lost me. I said his name the way I did because hes not a very good politician. We're not doing so hot here in CA, we weren't either before the recession >.> Not all because of him, but his skills in fixing the problems are hardly enough effort.

Any meaningful input?

 

[techs]

Long term disability is usually the term used for Social Security Disability.
If you have some private plan or California state plan, than I can't help you.

As for Social Security Disability the rules are made by the Federal government and apply to all states. They are listed in the POMS (Progam and Operations Manual) under the Listing of Impairments.
However, Social Security pays each state money to set up an office, usually called Office of Disability Determination. They do this so they can honestly say the determination was made by an employee of the state which you live in, rather than in Washington.
Ahnold, nor California cannot change the criterion for Social Security disability. In fact, Social Security has very strict standards which each state must meet (take it from me, I used to work at an Office of Disability Determination).
California cannot take away your Social Security Disability for any reason. You paid into the Federal Social Security fund, a portion of your SSA witholding, and you have a legal right to it. California cannot change or re-interpret the rules under which disability is determined.

 

[Rinaun]

Long term disability is usually the term used for Social Security Disability.
If you have some private plan or California state plan, than I can't help you.

As for Social Security Disability the rules are made by the Federal government and apply to all states. They are listed in the POMS (Progam and Operations Manual) under the Listing of Impairments.
However, Social Security pays each state money to set up an office, usually called Office of Disability Determination. They do this so they can honestly say the determination was made by an employee of the state which you live in, rather than in Washington.
Ahnold, nor California cannot change the criterion for Social Security disability. In fact, Social Security has very strict standards which each state must meet (take it from me, I used to work at an Office of Disability Determination).
California cannot take away your Social Security Disability for any reason. You paid into the Federal Social Security fund, a portion of your SSA witholding, and you have a legal right to it.

Thank you for the reply. Yes, SSD and were fighting the ODD. The case is straightforward, they say hes not disabled and able to work........when hes on 2 handful of pills including morphine.....who isn't able to do something then? you can't feel anything let alone remember what your doing. He'll feel it later though (solved with another handful of assorted pills; gotta love docs).

However that' not the issue, we're squabbling between the insurance company and our impending court date.........they DON'T want it in court, they want to settle outside because we actually have a solid case. They went from offering 25k to 100k.......... I'm just worried my parents will fall for something stupid >.>


On the arnold, I could of SWORE he changed a policy regarding CA and disablement. He either made compensation less, or it harder to achieve disablement status (2-3 people working on this case have mentioned that if he was disabled 3 years previous he would be recieving upwards of 500k, an actual legit offer)

 

[EagleKeeper]

You can fight a SSD ruling - payments are based on income up to a certain level.

Then you can sue for disability against the employer - that is where the insurer comes in.

 

[waggy]

Workmans comp and SSDI are 2 diffrent beast. Not sure how much you think he is going to make on SSDI or Workmans comp but it is not going to be much at all.


the governer of t he state can NOT change how SSDI is paid or t he amount. so why you blaming him?


to be honest your post are not very clear on what you are asking.


The settelment form workmens comp is 100k? and you have a SSDI case comeing up?

 

[BoomerD]

One of the mods asked me to post in this because I have quite a bit of experience with work comp, especially here in Kahleeforneeya.
NOTE: THis ONLY applies to Kahleeforneeya Worker's Compensation, NOT disability.

1. LAWYER UP! Yes, they'll charge between 12 and 15% of your final settlement...but they don't get a dime until you collect.

2. Yes, Ah-Nold gutted the worker protection laws that were encompassed in workers compensation in 2004 or so. If your dad was hurt ON THE JOB, the insurance company has to pay his medical costs, medications and mileage...and a weekly stipend while he's off work, unfortunately, due to the changes that Ah-Nold shoved up the asses of the working people of Kahleeforneeya, the time limit for getting recuperated has been drastically cut.
3. I REALLY doubt you'll get $100K in Kahleeforneeya workers comp court. I suppose it COULD happen...but it's rare.
4. Did I mention yet? LAWYER UP!

What part of the state are you in? There are some VERY GOOD work comp attorneys in this state...and some absolute sleazebags who couldn't possibly care less about the worker...and only care about how much they get for themselves. BE CAREFUL!

I could recommend one or two in my area, but not elsewhere.

 

[techs]

One of the mods asked me to post in this because I have quite a bit of experience with work comp, especially here in Kahleeforneeya.
NOTE: THis ONLY applies to Kahleeforneeya Worker's Compensation, NOT disability.

1. LAWYER UP! Yes, they'll charge between 12 and 15% of your final settlement...but they don't get a dime until you collect.

2. Yes, Ah-Nold gutted the worker protection laws that were encompassed in workers compensation in 2004 or so. If your dad was hurt ON THE JOB, the insurance company has to pay his medical costs, medications and mileage...and a weekly stipend while he's off work, unfortunately, due to the changes that Ah-Nold shoved up the asses of the working people of Kahleeforneeya, the time limit for getting recuperated has been drastically cut.
3. I REALLY doubt you'll get $100K in Kahleeforneeya workers comp court. I suppose it COULD happen...but it's rare.
4. Did I mention yet? LAWYER UP!

What part of the state are you in? There are some VERY GOOD work comp attorneys in this state...and some absolute sleazebags who couldn't possibly care less about the worker...and only care about how much they get for themselves. BE CAREFUL!

I could recommend one or two in my area, but not elsewhere.

Ah, that makes sense of it. I thought he was talking about SSDI which is my area of expertise. I didn't realize he was talking about workers comp.

Between us we could open a Disabilities Counseling office.

 

[waggy]

Ah, that makes sense of it. I thought he was talking about SSDI which is my area of expertise. I didn't realize he was talking about workers comp.

Between us we could open a Disabilities Counseling office.

the OP was not very clear in what he wanted.

 

[Red Squirrel]

I always hated how you have to fight for government services such as workman's comp and such. If someone needs it, then give it to them! None of this screwing around the bush crap.

My dad got a quadrupole bypass a few years back and he had to fight to no end to get his compensation. I don't think he ever ended up getting the full amount. He's back to work now and back to normal. I feel sorry for people with more serious issues like a broken limb and they work in an industry that requires that limb.

 

[waggy]

I always hated how you have to fight for government services such as workman's comp and such. If someone needs it, then give it to them! None of this screwing around the bush crap.

My dad got a quadrupole bypass a few years back and he had to fight to no end to get his compensation. I don't think he ever ended up getting the full amount. He's back to work now and back to normal. I feel sorry for people with more serious issues like a broken limb and they work in an industry that requires that limb.

you can thank people who claim to be disabled and want money without work for that. It has made it damn difficult for truly disabled people get benefits.

 

[olds]

you can thank people who claim to be disabled and want money without work for that. It has made it damn difficult for truly disabled people get benefits.

I have a 28% rating on my effed up back and a torn tendon in my right shoulder. All from work.
I am broken, 51 years old and still work twice as hard and whine half as much as the younger, non broken metrosexuals.
They get a hang nail and they are off for a week.

I do hate dealing with comp and the doctors. I have constant pain and nothing works. I just deal with it.

 

[Slew Foot]

Having worked in in a pain clinic in CA (a legitimate one, not a MJ clinic). I can personally vouch that 90% of people trying to get on disability are complete losers trying to duck the system, they're the reason that the system is broke and irrepairable.

 

[waggy]

Having worked in in a pain clinic in CA (a legitimate one, not a MJ clinic). I can personally vouch that 90% of people trying to get on disability are complete losers trying to duck the system, they're the reason that the system is broke and irrepairable.

I go to the pain clinic every 2-3 months. it amazes me the people that are there. it seems like 70% move or walk without any issues. Roughly 25% you notice t hey move slower, limp, just the look. a few i can't tell one way or the other.

it amazes me what people claim for SSDI. some of the stories i have heard (friend used to worked with an ALJ) just amazed me. One lady said her husband (dead) shook her bed every night so that kept her from sleeping so she couldnt work. Also one guy claimed he couldnt work because his back was messed up. BUT the guy just happened to be playing in a basketball tournament that the judge played in also.

he said roughly 30% that they see were false cases. But he said they still refused many he thought should have got it also.

 

[Red Squirrel]

you can thank people who claim to be disabled and want money without work for that. It has made it damn difficult for truly disabled people get benefits.

Yeah it's true, sucks that there are people selfish enough to abuse a system that is for people who really need it.

I feel sorry for people out there who are not strong enough to deal with all the BS, like someone highly medicated, hardly mobile etc... they just want to have enough money to make a living and not have to worry about fighting for it. Those are usually the type of people who want to work, but can't.

 

[Slew Foot]

The funny ones are the ones who claim disability because they're too fat to work. Hey dumbshit, if you didnt stuff your face full of big macs, you wouldnt be so fat.

 

[waggy]

The funny ones are the ones who claim disability because they're too fat to work. Hey dumbshit, if you didnt stuff your face full of big macs, you wouldnt be so fat.

that piss's me off. you are to fat to work? great! a job wille kill 2 birds with 1 stone! you get to earn a living and lose weight! double win!

i wish i was healthy enough to go back to work. hell i would kill for it.

 

[ProgressiveAthe]

Did you say he was denied for SSDI? From what you described I don't see how they could deny him. Are you sure he didn't fill the forms out wrong?

 

[BoomerD]

I agree that the OP hasn't given us enough information as to what's actually being sought. There is a HUGE difference between SSDI/SSI and workers compensation. His OP is confusing as to the goal.

HOWEVER, the best recommendation isn't changed. LAWYER UP!

It's sad that a person has to get a dammed lawyer to get either SSDI or workers comp...BUT, all too often, the insurance company has a battery of lawyers whose goal is to deny you benefits, and the Social Security Administration has had to deal with so many deadbeats trying to scam the system that it's become VERY difficult for an injured/disabled person to get the benefits. I know of several people who have fought the SSA system for years trying to get their SSDI benefits, in fact, we have a member on these boards who spent years doing so...and was recently granted SSI, with SSDI supposedly in a couple of months...it SUCKS, but that's the way it is.

Having worked in in a pain clinic in CA (a legitimate one, not a MJ clinic). I can personally vouch that 90% of people trying to get on disability are complete losers trying to duck the system, they're the reason that the system is broke and irrepairable.

I can't argue with these comments. I see a pain management doctor quarterly for epidurals. THey don't solve the problem, but make it easier to tolerate for a while. The doc is always offering me pills...vicodan, percodan, oxycontin, even fentanyl patches...and I always refuse.

He's told me many times that what I live with would put most people on the couch begging for pain pills...and I refuse to take them.

 

[HannibalX]

sorry, you lost me. I said his name the way I did because hes not a very good politician. We're not doing so hot here in CA, we weren't either before the recession >.> Not all because of him, but his skills in fixing the problems are hardly enough effort.

Any meaningful input?

Bwhahahhahaahahhaa... thanks, I needed a laugh this morning.

 

[theknight571]

that piss's me off. you are to fat to work? great! a job wille kill 2 birds with 1 stone! you get to earn a living and lose weight! double win!

i wish i was healthy enough to go back to work. hell i would kill for it.

They'd better not get an office job then... lol

Half the people in my office only move from their chairs to use the restroom or to go get lunch.

 

[Whisper]

One potential silver lining in this situation is that, to the best of my knowledge, when/if your father is awarded SSDI, he will receive back-pay for at least some of the time he's been appealing.

I could be mistaken, but that's my understanding.

 

[shortylickens]

Dont feel too bad. I am supposed to be getting a medical exam to increase my V.A. disability and thats been taking close to a year. Even after I get seen, it will be several months before someone makes a decision.

 

[rasczak]

OP whereabouts do you all live? I may be able to point you to a terrific WC lawyer i used to work for. Brilliant man who was able to get something out of nothing. Only if this is WC.

Good luck to you and your dad.