- Sometimes the insurance company will contact you to ask if you are interested in a cash settlement of your future medical award. No one can force you to settle your future medical award if you don’t want to. On the other hand, you can’t force the insurance company to settle your case by a lump sum, either. Both parties have to agree, and the settlement must be approved by a Worker’s Compensation Appeals Board Judge. If you are currently eligible for Social Security benefits, keep in mind the anti-windfall provisions which will give Social Security an “off set”, a credit against what benefits they think you are owed. Without proper structuring of the settlement, you could lose part of your monthly payment amount or put yourself at risk for a repayment claim by the federal government for overpayment of benefits.
In order to qualify for Social Security disability benefits, you must be found “disabled” under Social Security’s definitions.
By law, Social Security has a very strict definition of who is considered disabled. Most applications are initially denied.
There are a lot of questions about modified work duties.
Larger corporations generally have policies in place to address modified work, but smaller employers may not know how to handle modified work duties. A lot of supervisors don’t understand Labor Code requirements regarding provision of modified work duties. Continue reading