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sexy bastard
10-17-2002, 03:54 AM
horde king a few months ago my mom had an accident, her shoulder and neck have not been the same she has missed alot of work and she is in alot of pain, me and my sis have helped her out financially where i am behind in my bilsl and short in money for publishing my book, she recently went to the doctor and they mention disability, my question is in new jersey once disability kicks in the checks that you get is it only a portion of the pay you would normally get or is it the entire portion, also does this work in cases of permanent disability?
thank you
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HordeKing1
10-17-2002, 03:49 PM
SEXY - I have a few things for you to consider.
You mentioned that your mom had an accident. Was the accident work-related? (Even if was in a car, if it was used in the course of her employment or they paid for milage to and from work, or if it was a company car) she would be eligible for worker's comp. Worker's compensation provides a cash benefit (In NY it's indefinite, in NJ it's for a finite period) based on a percentage of the amount she was earning per week, up to a statutory maximum amount. (In NY the maximum is 400 per week even if you were earning a million dollars a year)
If it was not work-related, is there a lawsuit involved?
Does she currently have medical insurance?
When the doctor refered to disability did he refer to medical disability or legal disability?
Is the disability permenant or temporary?
Is your mom eligible for social security disability benefits (a cash benefit) or medicare (medical coverage for those over 65) or medicaid (medical coverage based on income)?
If it's a permenant condition and she has enough qualifying work periods, she can apply for SSDB which would automatically entitle her to medicare (after a certain waiting period).
If her condition is temporary, her remedy is likely to be state disability. Unfortunately it's a very low benefit rate and has no medical coverage.
If she has very limited assets she may qualify for SSI (Suplemental Security Income)as well.
Finally, if she was fired from her job b/c of her inability to do it b/c of her disability, she should pursue disability benefits. If she can work and is looking for work she can first look to file for unemployment insurance benefits which pays at a higher rate than state disability benefits.
She cannot collect UI and state DB simultaneously. She cannot collect WC and UI simultaneously. She can collect SS and WC and SSI simultaneously.
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sexy bastard
10-18-2002, 06:39 AM
it is not work related, it was a fall from a ladder, outside the house, dont know which disability the doctor was talking about because she wont tell her kids, this is because she doesnt think she gets her entire pay she thinks its just a portion, i dont know how new jersey works it, therefore she is going to work and comes back every day or night in pain.
so I dont know which one it is
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HordeKing1
10-18-2002, 09:02 PM
If it's not work related, worker's compensation is not an option.
A fall from a ladder is most likely a simple accident. If you haven't already done so you should have the ladder examined for faulty design or workmanship to determine if a civil suit can be brought against the manufacturer. This is probably a very long shot.
If she is going to work she cannot receive disability benefits.
If the disability prevents her from working (if she has to quit for example) she can get DB, but it will be a fraction of her salary.
It sucks to be in pain. Encourage her to see an orthopedist, nuerologist and especially a pain managment specialist.
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sexy bastard
10-19-2002, 09:15 AM
yeah she is seeingthose doctors, but unfortunately I and my sis are the ones that pay for it, since she doesn have insurance we help her out
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silera
10-19-2002, 09:21 AM
Sexy, has your Mom considered getting state offered insurance for her medical bills?
I'm not from New Jersey, but in New York, even if you work you can qualify for medical coverage depending on what you earn per year.
It's really a difficult situation, and it's great that you and your sister are helping. I hope that you guys can find a way to figure out the economic aspects, but obviously the most important thing is that your mom is getting the medical attention she needs.
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sexy bastard
10-19-2002, 10:35 AM
thank you senorita...me and sis are trying to figure out what to do, we were hoping that if the disability hapened she could ertire early she is 61 now..but who kows..its tough cause she has been in pain since her accident which was a week before our softball game lol. its tough cause my sis has her family to deal with and I am trying to maintain my bills and final aspects of my book..where we are trying to help her but both of us feel we can do more if possible
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HordeKing1
10-19-2002, 09:08 PM
Suggest she call the medicaid office. If she qualifies, she'll be covered medically. If she has very little income he may qualify for SSI.
It's possible that she may qualify for SSDB, which would turn to regular SS when she reaches retirement age. Call the local social security office.
It's impossible to state specifically what she may or may not be eligible for, because there are two many unknowns. If she calls the appropriate offices, they will ask her the pertinent questions.
Another option is to see an Elder-Lawyer, i.e. an attoney specializing in benefits for seniors (And for those planning their retirement.)
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Hawiian shirt craig
10-19-2002, 10:20 PM
this sucks sexy.... the
mother of a sexy bastard,
and all this bs is hitting
her.... STORM THE
BASITLLE!
-Hawiian Shirt Craig
THIS IS WHY WE CAN'T HAVE NICE THINGS!!
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