Question about Pension/Disability

[mommygirl]

What is the name of your state (only U.S. law)? New York

My 49 y/o husband has been deemed permanently disabled due to spinal cord nerve damage as a result of an accident on the job, has an open comp case and has applied for SSDI. His employer has offered a pension buyout of $13,900. Would it make more sense for him to apply for disability pension? How does disability pension work? Is it a one time buyout or would he be entitled to monthly payments? Thanks for your time.

 

[CikanVuz]

What is the name of your state (only U.S. law)? New York

My 49 y/o husband has been deemed permanently disabled due to spinal cord nerve damage as a result of an accident on the job, has an open comp case and has applied for SSDI. His employer has offered a pension buyout of $13,900. Would it make more sense for him to apply for disability pension? How does disability pension work? Is it a one time buyout or would he be entitled to monthly payments? Thanks for your time.

If he does a buy out, he will not get anything more from the pension through the employer and SSDI requires a 100% disability.

So, It is better to not do the buy out and take the monthly benefit.

As for SSDI, it is harder to get than the ads, make out. You have to be 100% disabled, physically and mentally not be able to perform a minimum wage job in your location. ( I know because I was on SSDI and have a industrial-disability pension as well) right before I turned 55, SSDI "re-evaluated me and said I was now only 90% disabled so took away my SSDI even though with all my injuries combined, and the fact I live in a very rural area with no jobs that can be performed within my limitations, period.

 

[latigo]

What is the name of your state (only U.S. law)? New York

My 49 y/o husband has been deemed permanently disabled due to spinal cord nerve damage as a result of an accident on the job, has an open comp case and has applied for SSDI. His employer has offered a pension buyout of $13,900. Would it make more sense for him to apply for disability pension? How does disability pension work? Is it a one time buyout or would he be entitled to monthly payments? Thanks for your time.

Don't rely on the advice of strangers. You could be leaving money on the table. Your husband's employer is more concerned in protecting his or its interests than those of your husband. Its only human nature.

Make an appointment with an attorney specializing in work comp and social security disability. There are tons of them and many will offer a free consultation.

Also look at the lawyer's shoes. If they look like something from Wal-Mart or ShopKo, pass because he's not successful at what he does.

 

[CikanVuz]

yep, the employer is offering a cash out because it is less expensive for them in the long run.

Getting an attorney is very good advice.