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-   -   Qustion on S.D.I. (https://www.askmehelpdesk.com/showthread.php?t=591650)

  • Aug 7, 2011, 11:09 PM
    lxlive
    Qustion on S.D.I.
    I just got my letter from workman's comp saying they are stopping my T.D. Checks because my doctor P&S me, so now all I'm going to get is a very small check for P.D.until my lawyer settles with workman's comp.There is no way I can pay my bill's. My employer won't take me back because he feel's that I'm a risk and could hurt myself on the job again.I transport car's for a living and in my 16yr career I've always been a contractor as an owner operator with different companies in the past.At the time of my injury I was working for a auto transportation company as a driver, only there for 1 1/2 months as a company driver. As a contractor I never really was employed as a company man. The only year I was a company man was in 2009, But 2010 I was employed as a company man for like I was saying 1 1/2 month only. Workman's comp was sending me 2/3 of 951.00 a week is what I was making before my injury, but only been there 1 1/2 month,I was told S.D.I pay's 55% of my gross pay was for that short time I was working or will I even be able to collect anything for S.D.I. If I don't get SDI could I even get unemployment since my employer won't let me come back to work for them,I'm getting screwed here,all I know how to do is transport car's on a big rig transporter and look's like I may have to look for another car hauling company to work for and struggle with my disc disease I have on my spine, 2 slip disk on the neck 4 herniated **** on the upper back 2 slip **** on the lower, not too much cushion on the spine and I'm only 46 yrs old.I can't believe this is happening to me,my doctor say's I have to may **** to repair to do surgery that it's not worth the pain I would be going through.I just might have to work in pain because I have to support me and my wife, she don't make much money working part time.I recently had flare ups and my doctor put me back on no work duty status and I even told my lawyer and they did a notice of application for adjudication of claim 2 weeks after my doctor P$S'ed me. I was still getting my TD checks but now they just cut me off. Please can anybody help me here,I know I have said a lot here, but I really don't know what to do, I can't even sleep these 2 days because of this. Thank you so much for your help if you can answer my question. Alex
  • Aug 8, 2011, 03:15 AM
    joypulv
    Have you applied for SSDI yet, I hope? That takes months.
    Have you looked into surgery, at a university medical center specializing in herniated discs, which will have the latest and best techniques?
    You can't get unemployment. That's for people who can work and are actively looking for work. You can apply, but unless you have that paper laying you off, they send a form to past 15 mo. Employers asking for info, and you will lose.
    Comp claims do take years sometimes, and it's a struggle for many. Somehow you and your wife will have to sit down with the numbers and figure out what to cut out of your expenses. Apply for food stamps, get cheaper place to live, don't buy anything but food, use food pantries.
  • Aug 8, 2011, 05:01 PM
    twinkiedooter

    SSDI takes YEARS, not months to properly qualify and receive any benefits. If you are disabled, no you cannot just go back to work and sign up for disability. Has your doctor designated you 100% disabled due to your back? If so, apply for this asap. And fully expect to be turned down at least once maybe twice before finally being approved.

    No, you won't be able to collect UE as you did not work long enough to build up your UE credits to receive UE and that would only be about half of your weekly salary anyway even ifyou could receive it.

    If you have a worker's comp attorney ask him what should you do for income now that your checks have stopped. He maybe able to look into just why your checks were stopped as you say your claim was not fully settled. If you don't have a WC attorney, get one FAST. Sorry I re-read and you did say attorney, but is this guy a WC attorney who knows his stuff or just a general practitioner? I worked for WC defense attorneys and the plaintiff WC attorneys would never give up a client in such a manner as you stated. Your attorney would have fully pursued a large back case as you claim you have resulting in a large settlement and future medicals paid for any surgeries you would have to have. He filed the adjudication of claim way too soon for you.

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