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Thread: Compensation in California

  1. #11
    Quote Originally Posted by bob clark
    Does anyone know if you get retroactive SSDI payments from the date of injury? Minus perhaps the SSI or "Welfare" payments that may have been received?
    if i remember correctly, when i was approved for ssi they paid retro active to the time i sent in the paperwork. disability came later with no retro payments.

  2. #12
    Your social worker at the rehab unit should have gone over all this with you at length. They should also have helped you or him with applications for any benefits he was eligible for. Call them and get an outpatient appointment to do this.

    You can also get help with this (actually he should be working on this too) through your local Independent Living Center (ILC). http://www.ilusa.com/links/ilcenters.htm#CA
    These organizations are funded partially by the state and local grants, and membership, and are run by and for people with disabilities. They will know programs in your area and resources, and can also provide education about how to access and maximize these.

    Was he injured while working? This is the only way he would be eligible for Worker's Comp in CA. This is completely different from state disability insurance. If he was injured at work, he should have a Worker's Comp insurance company involved, with an assigned case manager. You should also see a state certified worker's comp attorney though, as this is the person who is really his advocate, not the case manager. Don't sign anything without an attorney if this was a WC case!

    State disability insurance may apply if he was working for an employer who paid into this system. Not all do, and if he was technically self-employeed (contract worker) he probably does not qualify for this.

    In order to get Medicare, he must be on SSDI, and can then get Medicare 24 months after his SSDI application is approved. SSDI is Social Security for those who have worked at least 40 quarters during which they paid into Social Security. If the person has not worked, or not paid into Social Security, then it is SSI they apply for (which is much less money). Medicare, SSI and SSDI are all federal programs. If he is going back to work, it is likely he will not qualify for SSDI or Medicare for very long, as going back to work will disqualify him (with a few exceptions).

    Medicaid (Medi-Cal) is only available to people in CA who have no income (or only SSDI or SSI) and who have no more assets than $2000 in the bank/savings/stocks/etc. You can own one home and one vehicle. This applies to the entire family, not just to him. You cannot give away or sell possessions or money to qualify (within the last 2 years). Medi-Cal is a state program (administered by counties) that gets some federal funding.

    IHSS is the program in California that pays for attendant care. It requires that you be very low income (generally only SSDI) and eligible for Medi-Cal. I suspect you don't qualify for Medi-Cal, so this may be a moot point. For those who are eligible, a social worker does an assessment in your home and determine how many hours of care he is entitled to. Even with the brace, it is rare that someone with paraplegia would get more than 4 hours daily. Once this is approved, he finds his own caregiver, certifies the hours they worked each week, and the county pays them. In my area, it is $8.50/hour. You can hire a family member if you choose. I don't think you are going to be supporting a family on this, even if you were eligible.

    Kaiser does not pay for any attendant care; family, agency or otherwise. I believe this is his only insurance, correct? I am also assuming he did not have private or group long term care insurance, as this usually will pay for attendant care in the home if the person is disabled according to the definitons of the policy.

    Have you considered going back to work? As we have discussed here before, it would be much better for him to be taking care of himself. There is no reason he should need to have you there all the time.

    (KLD)

  3. #13
    Senior Member ChopperChick's Avatar
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    I was working and going to school. I go back to school in August. I haven't considered going back to work just yet. If school goes well, I will apply for the nursing program next fall.

    Yes, Kaiser is our only insurance right now. Mike was in the union so we are covered without cost for the next 9 months, We get state disability insurance right now, but like I mentioned, it doesn't even pay the house payment. He has also applied for SSDI. Those were the only options the social worker at rehab told us about.

    He was injured on his way home from work. We do not currently get workers comp, but my attorney said that we would possibly have a workers comp case.

    Thanks for all the information. I have the application and I wondered why they asked if we gave anything away.

  4. #14
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    Quote Originally Posted by bob clark
    The wondrous nature of SSDI and Medicare. Back in '79 when I was paralyzed the waiting period for receiving SSDI benefits was 6 months with such a diagnosis. I was on SSI (Welfare I guess it's called) for the first 6 months and then SSDI/Medicare kicked in.
    Well Bob I think we been at this too long to offer useful information.......LOL We better to stick to Trauma: Life in the ER. I love that show.

    Anyway Good Luck Chopperchick.......Bug the crap out of the social worker until she gets all these things taken care of.
    T12-L2; Burst fracture L1: Incomplete walking with AFO's and cane since 1989

    My goal in life is to be as good of a person my dog already thinks I am. ~Author Unknown

  5. #15
    [QUOTE= If he is getting short term disability from his employer, he wont get SSDI until he stops getting the short term.
    l.[/QUOTE]
    you can recieve ssdi and short term disabiltiy long term disabilty , workers comp , lottery wiinings etc.

    ssdi is independent of those. however your wc and ssdi combined wages usaully cant exceed 80% of your ssdi computed average wage.
    usually long term diasability has a rider in there saying that when you start recieving ssdi your long term disabilty will be offset by your ssdi income=sucks
    you can receive short term disabilty and ssdi
    cauda equina

  6. #16
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    Quote Originally Posted by metronycguy
    you can recieve ssdi and short term disabiltiy long term disabilty , workers comp , lottery wiinings etc.

    you can receive short term disabilty and ssdi

    Since one has to be disabled six months to even be approved for SSDI and short term disability policy is ussually six months (that is why it is called short term) or less depending on your insurance.........How do you collect both???????????

    quote social security red book
    "
    If your application is approved, your first Social Security benefit will be paid for the sixth full month after the date we find that your disability began.
    For example, if your disability began on June 15, 2005, your first benefit would be paid for the month of December 2005, the sixth full month of disability. Social Security benefits are paid in the month following the month for which they're due. This means that the benefit due for December would be paid to you in January 2006, and so on.
    "
    SSDI wont pay (not even back pay) you for the first six months of being disabled? Just curious.........
    Last edited by darkeyed_daisy; 06-06-2006 at 10:38 AM.
    T12-L2; Burst fracture L1: Incomplete walking with AFO's and cane since 1989

    My goal in life is to be as good of a person my dog already thinks I am. ~Author Unknown

  7. #17
    Senior Member queen's Avatar
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    Injury Date: May 20, 2004
    Applied SSDI: August, 2004/Denied
    Appllied SSDI: November, 2004/Denied
    Got an Attorney Appealed: Feb. 2004 Judge Approved

    "Your payments cannot begin until you have been disabled for at least five months. Payments usually start with your 6th month of disability."

    I received a lump sum retroactive from Nov. 04 to April, 05 (5 months)
    and my first installment for SSDI was received in May, 05. (My 6th Month.)

    If you file an individual IRS and your income from SSDI is more than $25K a year, then you will have to pay taxes.

    If you file jointly and you have a combined income of more than $32K, you will also have to pay taxes.

    I didn't qualify for SSI.
    Your life is what you make it, and only you have that choice!

  8. #18
    i currently get both as i am making my fare share contribution to the household, 1/3 of monthly bills. i think.
    Don't cry because it is over, smile because it happened

  9. #19
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    Quote Originally Posted by nicotico
    i currently get both as i am making my fare share contribution to the household, 1/3 of monthly bills. i think.
    Hey

    I am not trying to be nitpicky just curious but both SSI and SSDI or Short term disability and SSDI. I only get SSDI because I didnt qualify for SSI either.....too much SSDI I guess. LOL If one can have too much.

    I think the system was actually faster years ago than now. Oh and one doesnt have an experience until you try to go through the "new expedited reinstatement" (for the "working disabled") for those who want to and can work. I did that last year........what a crock!!!! Just as much red tape as the original system. My short term disability insurance at work was a crock too although I qualified for it when I started work.....any ailment I had was a pre existing condition related to SCI.

    By the way have fun surfing on the coast of NC....I cant go this weekend. Ride a wave for me and thanks for the link.......
    Last edited by darkeyed_daisy; 06-06-2006 at 12:34 PM.
    T12-L2; Burst fracture L1: Incomplete walking with AFO's and cane since 1989

    My goal in life is to be as good of a person my dog already thinks I am. ~Author Unknown

  10. #20
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    Quote Originally Posted by queen
    Injury Date: May 20, 2004
    Applied SSDI: August, 2004/Denied
    Appllied SSDI: November, 2004/Denied
    Got an Attorney Appealed: Feb. 2004 Judge Approved

    "Your payments cannot begin until you have been disabled for at least five months. Payments usually start with your 6th month of disability."

    I received a lump sum retroactive from Nov. 04 to April, 05 (5 months)
    and my first installment for SSDI was received in May, 05. (My 6th Month.)

    If you file an individual IRS and your income from SSDI is more than $25K a year, then you will have to pay taxes.

    If you file jointly and you have a combined income of more than $32K, you will also have to pay taxes.

    I didn't qualify for SSI.
    I was denied twice too and took 18 months and a hearing in front of ADM law judge to get approved. Then I got 12 months back pay. May-November 1989 I got nothing. November 89-November 90 I got back pay 12 months. I got my back pay in Feb of 1991....I think. My friend got three denials and finally got approved three years later.......just in january. She is still waiting for her back pay which is upwards of $20,000.00.

    uggggghhhhhhhhhhh RANT!!!!
    T12-L2; Burst fracture L1: Incomplete walking with AFO's and cane since 1989

    My goal in life is to be as good of a person my dog already thinks I am. ~Author Unknown

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