What is the name of your state? WA
I am POA for a friend who has been awarded SS Disability to be re-evaluated in 5-7 years by which time he is likely to be on SS because he is already 57. He last worked Jan 3, 2003 and disability was begun upon appeal June 1,2203. With the five month waiting period, payments were not allotted until November of 2003. The decision, hence the back and current payments began August of 2004. He had no income during this time. He lives in Washington. His disability is because of a brain tumor, not the work injuries. He is in the midst of a claim with his old employer, Conoc/Phillips in California where he used to live and work about workers comp because of some carpal tunnel and I believe something else. We anticipate a reward of around 20k per the atty. It is going to trial.
1) Which state has jurisdiction over how the award is handled or does federal law prevail?
2) Is there an advantage to taking a lump sum (likely because of the amount of the award) vs payments?
3) Can the award be put into a trust or otherwise protected so as not to stop or interfere with disability?
4) Can the workers comp award be allocated to living expenses/debts incurred for the 6 months between last working and when SSDI decided he was disabled thus preventing 'double payments' which would interfere with his disability payments?
5) What documentation is needed? For instance does he actually need letters from those who sheltered him during this time or those who gave him money and services and time to write up a bill?
6) In which state to we retain an atty and what specialty-workers comp or SSDI?
Also, in researching this I found a case where someone (not in WA) was penalized because he used his workers comp to help buy a house instead of pay his medical bills although obviously if he had used SSDI for the house instead there would be no difference in what went out, just which $ went where. This tells me documentation, distribution and manipulation is the key if I can find it. Please note-email for now is [email protected] and not what is listed on site since I reformated my HD and my own is not working yet but I can be contacted through my friend's.
I am POA for a friend who has been awarded SS Disability to be re-evaluated in 5-7 years by which time he is likely to be on SS because he is already 57. He last worked Jan 3, 2003 and disability was begun upon appeal June 1,2203. With the five month waiting period, payments were not allotted until November of 2003. The decision, hence the back and current payments began August of 2004. He had no income during this time. He lives in Washington. His disability is because of a brain tumor, not the work injuries. He is in the midst of a claim with his old employer, Conoc/Phillips in California where he used to live and work about workers comp because of some carpal tunnel and I believe something else. We anticipate a reward of around 20k per the atty. It is going to trial.
1) Which state has jurisdiction over how the award is handled or does federal law prevail?
2) Is there an advantage to taking a lump sum (likely because of the amount of the award) vs payments?
3) Can the award be put into a trust or otherwise protected so as not to stop or interfere with disability?
4) Can the workers comp award be allocated to living expenses/debts incurred for the 6 months between last working and when SSDI decided he was disabled thus preventing 'double payments' which would interfere with his disability payments?
5) What documentation is needed? For instance does he actually need letters from those who sheltered him during this time or those who gave him money and services and time to write up a bill?
6) In which state to we retain an atty and what specialty-workers comp or SSDI?
Also, in researching this I found a case where someone (not in WA) was penalized because he used his workers comp to help buy a house instead of pay his medical bills although obviously if he had used SSDI for the house instead there would be no difference in what went out, just which $ went where. This tells me documentation, distribution and manipulation is the key if I can find it. Please note-email for now is [email protected] and not what is listed on site since I reformated my HD and my own is not working yet but I can be contacted through my friend's.