Legal Question in Workers Comp in Pennsylvania

Info about W/C and social security

Last fall I wrote and asked a question about w/c and I did get a lawer. I been on w/c since march 2004 for a back injury that required a double fusion in july. I recived socal security, first time up. Now the dr. is thinking they fused the wrong disk (L3 L4) L5, now they think that L5 S1 needs fused. Right after my lawer told W/c about ssi ,and maybe another surgery. They offerd a settlement to him, I refused because I am only 6 months post op and in a lot of pain 24/ 7. So my lawer said that we will wait till after my next appt. I am not sure if he is pushing this issue for a quick settlement or W/c knows that another Surgery is about $65.000 plus rehab, and monthly payments,it is better to get me off the books. Im lost. their is no way I could work, writing this is painfull , he told me that they will try to find me work in the near future. Is this the way the system works, or just my lawer pushing for a settlement. when would be a good time for a settlement, I am doing good money wise. also am getting treatment from the VA.


Asked on 1/12/05, 6:14 pm

2 Answers from Attorneys
John Campbell Law Offices of John J. Campbell, P.C.

Re: Info about W/C and social security

At this point, it would not be wise to settle. You have not reached maximum medical improvement and will likely require at least one more surgery, plus rehab, etc. However, if you do decide to settle, whether it be now or in the future, your settlement will have some special issues because you are receiving SSDI and will become eligible for Medicare after you have been SSDI eligible for 24 months. Medicare will require that your settlement be submitted and approved by their federal agency, CMS. They will almost certainly require that you incorporate a Medicare Set Aside arrangement as part of your settlement. Otherwise, Medicare will NOT cover any of your work-related medical expenses after the settlement. This is a complex situation. You definitely should not settle your case without assistance from an attorney who is very experienced with WC settlements for SSDI and Medicare recipients.

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Answered on 1/15/05, 3:50 am
Mark Johns Mark Johns, Esquire

Re: Info about W/C and social security

You obviously trusted the lawyer you hired to work on your case. It is a sad fact that the workers comp system is abused by fakers and malingerers and people with real injuries like yourself suffer hardship. My advice would be to ask your lawyer the benefits of either settling or to continue to collect monthly benefits. I offer free consultations.

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Answered on 1/12/05, 8:29 pm


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