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Thread: New York State Disability Retirement System

  1. #556
    Member dtwarren's Avatar
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    Quote Originally Posted by NY The Vampire State View Post
    I dont know man... Im self employed and if I bust my back, its my own problem and Im SOL. I didnt read all 37 pages of this, but some people out there dont have any safety net to fall on after an injury. Its a reality of life you may have to come to grips with. We all got aches and pains.
    But that is your choice, you could chose to cover yourself.
    “I own I am not a friend to a very energetic government. It is always oppressive.” – Thomas Jefferson
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  2. #557
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    Cant if I have to pay for Government Inc. to have the privilege. Why should we be forced to continue feeding the broken system?
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  3. #558
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    Some very good links on this SSA page.

    Most people who receive disability benefits are workers who qualify on their own records and meet the work and disability requirements we have just described. However, we want to point out some situations you may not know about:


    http://www.socialsecurity.gov/dibplan/dqualify7.htm

  4. #559
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    RE: 1099
    Worker Compensation benefits are not taxable unless part of your compensation reduces your social security or equivalent railroad retirement benefits.

    Workers' Compensation
    Amounts you receive as workers' compensation for an occupational sickness or injury are fully exempt from tax if they are paid under a workers' compensation act or a statute in the nature of a workers' compensation act. The exemption also applies to your survivors. The exemption, however, does not apply to retirement plan benefits you receive based on your age, length of service, or prior contributions to the plan, even if you retired because of an occupational sickness or injury.

    Caution!
    If part of your workers' compensation reduces your social security or equivalent railroad retirement benefits received, that part is considered social security (or equivalent railroad retirement) benefits and may be taxable. For more information, see Publication 915, Social Security and Equivalent Railroad Retirement Benefits.

    Return to work.
    If you return to work after qualifying for workers' compensation, salary payments you receive for performing light duties are taxable as wages.

  5. #560
    Member zinger's Avatar
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    This is how your claim is handled. Inside The Social Security Disability Claims Approval Process.

    http://www.disabilityapprovalguide.c...roval-process/

  6. #561
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    Quote Originally Posted by zinger View Post
    Return to work.
    If you return to work after qualifying for workers' compensation, salary payments you receive for performing light duties are taxable as wages.
    Good advise. ... I'm just going to work under the table.
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  7. #562
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    "Lost Wages" and "Reduced Earnings:"

    Under the Workers' Compensation Law in New York, you are entitled to 2/3rds of your pre-injury salary, up to a maximum of $400 per week, if the loss of that salary is attributable to your work-related injury. An award for such replacement income is known as a "Lost Wages" award, or alternately, as a "Lost Time" award (since you are not at work).
    However, if you only loose part of your pre-injury salary because your work-related injury forces you to cut back on hours or change professions altogether, then you are still generally entitled to 2/3rds of the difference between your pre-injury salary and your current salary, up to the same maximum of $400. An award under such circumstances is called a "Reduced Earnings" or "RE" award.
    Whether you have "Lost" or "Reduced" earnings is not as easy as it sounds, however. This is because there are various ways of computing your pre-injury, Average Weekly Wage ("AWW") under the various statutory provisions of the Workers' Compensation Law. These various methods exist because the AWW calculation is intended to reflect a claimant's ACTUAL EARNING CAPACITY at the moment they are injured or made sick; it is not intended to simply measure their actual earnings at that time. Obviously, these two concepts may yield quite different monetary values. Therefore, obtaining the most favorable valuation method for a claimant's pre-injury EARNING CAPACITY is essential to winning all of the benefits to which that claimant is entitled.

    As well, please be aware that one favorite tactic of insurance company lawyers is to offer a claimant with no legal counsel a lower AWW computation than is likely warranted according to the law. For instance, an insurance company lawyer will often offer something which seems "reasonable" to a claimant unaware of the greater possibilities, and because this is agreed to by the claimant (who has waived his/her right to counsel), the judge presiding over the claim will likely have no reason to investigate whether a higher award amount should be paid.

    Be aware that one favorite tactic of insurance company lawyers is to offer a claimant with no legal counsel a lower AWW computation than is likely warranted according to the law. For instance, an insurance company lawyer will often offer something which seems "reasonable" to a claimant unaware of the greater possibilities, and because this is agreed to by the claimant (who has waived his/her right to counsel), the judge presiding over the claim will likely have no reason to investigate whether a higher award amount should be paid

  8. #563
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    Why don't you put your effort into how many fraudulent comp cases there are? Look at the scaffold law while your at it. Then you'll understand why the system is so messed up.
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  9. #564
    Member dtwarren's Avatar
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    Quote Originally Posted by NY The Vampire State View Post
    Why don't you put your effort into how many fraudulent comp cases there are? Look at the scaffold law while your at it. Then you'll understand why the system is so messed up.
    Actually fraudulent comp cases is the smaller portion of workers' comp fraud a majority of workers' comp fraud is from assureds in under-reporting payroll and medical providers either by billing for services not rendered or at erroneous rates and codes hoping that they will not be corrected.
    “I own I am not a friend to a very energetic government. It is always oppressive.” – Thomas Jefferson
    https://restore-representation.org/

  10. #565
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    Quote Originally Posted by dtwarren View Post
    Actually fraudulent comp cases is the smaller portion of workers' comp fraud a majority of workers' comp fraud is from assureds in under-reporting payroll and medical providers either by billing for services not rendered or at erroneous rates and codes hoping that they will not be corrected.

    I come across A LOT of people scamming the system, whining about little aches and pains, just making excuses not to work. Meanwhile, they work under the table. Must be a bad sample of reality I guess.
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  11. #566
    Member dtwarren's Avatar
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    Quote Originally Posted by NY The Vampire State View Post
    I come across A LOT of people scamming the system, whining about little aches and pains, just making excuses not to work. Meanwhile, they work under the table. Must be a bad sample of reality I guess.
    If true, that is fraud by the claimant and the employer paying them off the books. More often than not in this scenario the claimant has not been determined to be totally disabled and therefore must seek work within thier limitations. If they obtain work within their limitations they may still be entitled to compb (in the form of reduced earnings) if the average weekly wage of the new employment is lower than the average weekly wage of their old employment. So long as the claimant working off the books reports his off the books wages and the fact that he is working to the Workers' Comp Carrier there is no fraud on the claimant's part just the employer who is paying him off the books.

    If you are aware of fraud you should report it rather than just hine about it.
    “I own I am not a friend to a very energetic government. It is always oppressive.” – Thomas Jefferson
    https://restore-representation.org/

  12. #567
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    "Within limitations" thats the best part of it. That means they are capable of working.
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  13. #568
    Member dtwarren's Avatar
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    Quote Originally Posted by NY The Vampire State View Post
    "Within limitations" thats the best part of it. That means they are capable of working.
    That is why it is beneficial for the employer and employee for the employer to have a return to work program: http://www.wcb.ny.gov/content/main/R...W_Handbook.pdf
    “I own I am not a friend to a very energetic government. It is always oppressive.” – Thomas Jefferson
    https://restore-representation.org/

  14. #569
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    If you do not want to view comments from this person you can go to setting and on the left side of the this page you can block and just type in
    his name.

  15. #570
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    Quote Originally Posted by zinger View Post
    If you do not want to view comments from this person you can go to setting and on the left side of the this page you can block and just type in
    his name.

    The truth hurts.
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