Disability woes

[Rinaun]

Actually I should probably update this since you guys kept posting, plus I've been busy. We eventually settled for I believe somewhere around 150k, with monthly income reinstated too. The judge was very knowledgeable, and said my father really couldn't of settled for much more. If it makes any more sense, the check came from the ins. company. Also sorry for the lack of info, I don't really like to ask considering its a fairly touchy subject for one part and the second the lawyer we hired handled most of the information.

I still personally don't see how if you get INJURED on the job by the company, not by your mistake, how you only receive 150k one-time settlement for being crippled. The logic is astounding. They marked him as fully disabled, in his own words, "durrrr" status. Do other professions have better payouts, IE Cops/Govt employees?

 

[God Mode]

Whats to stop people from living dangerously and claiming early benefits. Almost every 40+ year old I know has a host of problems with the least dangerous being chronic pain in the back, knees and or neck. It also doesn't help that so many of us have high blood pressure or cholesterol problems and are in limbo with diabetes.

 

[Rinaun]

True, and I understand not everything is related to work (ie aging) etc, but what does it take to get a decent payout? I mean my father is a step away from a wheelchair because of work, it makes me wonder how much someone who is paralyzed from the neck down gets. 150k sounds like a ton, but he made that plus more every year, was a couple years from retirement, had a secure job etc. I can't imagine becoming disabled and being offered 150k for my whole life.

 

[yuchai]

Actually I should probably update this since you guys kept posting, plus I've been busy. We eventually settled for I believe somewhere around 150k, with monthly income reinstated too. The judge was very knowledgeable, and said my father really couldn't of settled for much more. If it makes any more sense, the check came from the ins. company. Also sorry for the lack of info, I don't really like to ask considering its a fairly touchy subject for one part and the second the lawyer we hired handled most of the information.

I still personally don't see how if you get INJURED on the job by the company, not by your mistake, how you only receive 150k one-time settlement for being crippled. The logic is astounding. They marked him as fully disabled, in his own words, "durrrr" status. Do other professions have better payouts, IE Cops/Govt employees?

It sounds like the $150K settlement is for Worker's Compensation (based on that he was injured on the job)?

If he is fully disabled, he should also qualify for SSDI and Medicare (24 months after being approved for Social Security) so he should look into that if he hasn't yet. The SSDI is not a very substantial benefit, but I guess every bit helps. The Medicare I think should be very useful to help out with the medical bills.

To answer your question though, I think the bigger companies usually offer their own disability benefit program. Typically a 50-67% of your salary benefit, with some kind of fixed maximum monthly amount. The disability definition is also usually less strict than Social Security. Also, some companies offer to continue to cover you under their medical plan. It sounds like your dad's company did not offer these benefits?

 

[BoomerD]

It sounds like the $150K settlement is for Worker's Compensation (based on that he was injured on the job)?

If he is fully disabled, he should also qualify for SSDI and Medicare (24 months after being approved for Social Security) so he should look into that if he hasn't yet. The SSDI is not a very substantial benefit, but I guess every bit helps. The Medicare I think should be very useful to help out with the medical bills.

To answer your question though, I think the bigger companies usually offer their own disability benefit program. Typically a 50-67% of your salary benefit, with some kind of fixed maximum monthly amount. The disability definition is also usually less strict than Social Security. Also, some companies offer to continue to cover you under their medical plan. It sounds like your dad's company did not offer these benefits?

Sadly, having been off work for so long, your dad may not qualify for SSDI without a huge fight. (credits drop off every year) He should qualify for SDI, which pays considerably less, and often, you can get SDI while you fight for SSDI.

Unfortunately, the $150K your dad got in settlement is actually a very good chunk of change under Kahleeforneeya's "new" work comp laws. (thanks to Ah-Nold)

Unless the particular job offers some type of long-term disability, there's not really any different rate based on the profession.

My CURRENT work comp disability isn't under state law, but I've had to do battle with the insurance companies over the years, and learned the hard way that the 2nd stop after seeing a doctor...is the lawyer's office.

 

[Rinaun]

It sounds like the $150K settlement is for Worker's Compensation (based on that he was injured on the job)?

If he is fully disabled, he should also qualify for SSDI and Medicare (24 months after being approved for Social Security) so he should look into that if he hasn't yet. The SSDI is not a very substantial benefit, but I guess every bit helps. The Medicare I think should be very useful to help out with the medical bills.

To answer your question though, I think the bigger companies usually offer their own disability benefit program. Typically a 50-67% of your salary benefit, with some kind of fixed maximum monthly amount. The disability definition is also usually less strict than Social Security. Also, some companies offer to continue to cover you under their medical plan. It sounds like your dad's company did not offer these benefits?

Thanks for the response. I'll inform him, as we lose benefits very soon. We're not really even sure WHAT he is entitled to.....they spent 10 years accusing him of NOT being disabled, judge said he was, and they just tried forcing money down his throat since the insurance company knew shit was hitting the fan. The only reason we accepted was that the judge even said himself it was a good deal and we were max going to get 200k out of it. What I'm wondering now is if that included his trips to the doctors, painkillers, gas for appointments to their doctors across town, etc.

Boomer: I KNEW HE CHANGED SOMETHING. 2 seperate lawyers would not tell me this for no reason. What was it exactly?

 

[tcsenter]

double post

 

[tcsenter]

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.

Or you're just not in as much pain, or have some modulated pain response that some people don't have.

e.g. the guy from Mexico who goes around squeezing hot pepper juice into his eyes probably thinks he's just a real tough muther and everyone is just a pussy. But the reality is, he probably has some genetic thing where he lacks the pain receptors that are activated by capsaicin.

 

[BoomerD]

Thanks for the response. I'll inform him, as we lose benefits very soon. We're not really even sure WHAT he is entitled to.....they spent 10 years accusing him of NOT being disabled, judge said he was, and they just tried forcing money down his throat since the insurance company knew shit was hitting the fan. The only reason we accepted was that the judge even said himself it was a good deal and we were max going to get 200k out of it. What I'm wondering now is if that included his trips to the doctors, painkillers, gas for appointments to their doctors across town, etc.

Boomer: I KNEW HE CHANGED SOMETHING. 2 seperate lawyers would not tell me this for no reason. What was it exactly?

http://www.hurtworker.com/changes/2004changes.htm

Your dad SHOULD have been entitled to compensation for mileage as well as any prescriptions he paid out-of-pocket for, but once he signed the settlement offer, that's all he gets.

Ah-Nold didn't do anything good for the working men & women in Kahleeforneeya with his "reforms."

Or you're just not in as much pain, or have some modulated pain response that some people don't have.

e.g. the guy from Mexico who goes around squeezing hot pepper juice into his eyes probably thinks he's just a real tough muther and everyone is just a pussy. But the reality is, he probably has some genetic thing where he lacks the pain receptors that are activated by capsaicin.

I don't know anything about the pepper squeezer, (sounds pretty stupid to me) but I FEEL pain, I just have the ability to "turn it off" so that under MOST circumstances, it doesn't "control me." I hurt all the time, sometimes very much so...but I refuse to let it get the best of me.

Pain just reminds us that we're still alive. 😛

 

[tcsenter]

I don't know anything about the pepper squeezer, (sounds pretty stupid to me) but I FEEL pain

Guy in Mexico can rub hot peppers around his eyes or squeeze the juice straight in his eyes. He has no reaction to it at all, doesn't even cause irritation.

They're thinking he lacks receptors for capsaicin and/or produces some kind of enzyme that can rapidly neutralize it.

 

[BoomerD]

Guy in Mexico can rub hot peppers around his eyes or squeeze the juice straight in his eyes. He has no reaction to it at all, doesn't even cause irritation.

They're thinking he lacks receptors for capsaicin and/or produces some kind of enzyme that can rapidly neutralize it.

Dude...that's just fucking crazy...😱