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Thread Title: VR/SSDI compatability......
Created On Monday January 30, 2006 2:58 PM


julleyju
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Monday January 30, 2006 2:58 PM

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My WC case closed today--still in a state of shock, but mine only took 2 yrs., and I know a lot of yours have taken many years longer, so I'm very thankful for that. I'm STILL totally confused about the VR, though--my attorney was out the door before I could really quiz him on the whole thing. I've had 1 counselling session, was put on a 6 month "interruption", which was extended to another 6 month "interruption", but now I have to do something about it. This is what isn't clear to me: From the little I've been able to learn, VR pays you sustenance payments while you're in VR, right? Does this have an effect on your SSDI? In other words, will SSDI pay me less for the sustenance payments I'm getting while going through VR training? I can't find this answer anywhere-even the NOLO book doesn't make it clear (to me, at least!)! Everyone I've spoken to is all gung-ho for the VR, but if I'm going to lose the SSDI money, it doesn't seem worth it. I've actually asked this question on this forum before, and didn't get a clear answer! Please, someone, tell me!!!!!!

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STEVEPSCA@YAHOO.COM
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Monday January 30, 2006 6:32 PM

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When you are receiving SSDI benefits, you are subject to the "80% rule"...this means that you are only entitled to an "income" of 80% of your average wages when you stopped working...this "income" is calculated from ALL sources. Wheather it is from PD, VR, interest/dividends...all sources. Even if a family member gives you an allowance every month...all of them cannot add up to more than the 80% figure. Of course that said, there is always the exception... in this case it is the COLA which is added on to your base SSDI benefit every January.
VR benefits can be supplemented by advances from your PD award. The base for VRMA is $246.00 per week. If you notify SSA of the amount of your VRMA they will adjust your benefit amount upward to the 80%...subject to your own maximum SSDI benefit. So you don't necessarily have to take the PD advance if the numbers work out OK. You could save the PDA until you finish your VR program.
You also should be sure to discuss your VR program with the people at SSA, you could be eligible for their return to work program. Which allows you to work and make up to ...I think it's $900 month now without an offset to your benefit. But once you return to work after finishing your VR program, you will no longer be "disabled" under SSA guidelines. Your benefits will stop once you continue to work through the RTW program, and have consistant qualifying wages. SSDI is only for "permenant total disability" not "temporary" as is WC.

"What if I get better and go back to work?" (from this site...http://www.disabilitysecrets.com/page5-34.html)

The answer to what happens if you get better and go back to work depends on a number of different variables.

For either ssd or ssi disability benefits, a disability claimant is actually allowed to work and still receive consideration for benefits as long as their gross monthly earnings do not exceed the SGA, or substantial gainful activity amount (for more information on SGA, go to the definitions section of this site).

And, of course, there are other considerations. The social security disability and ssi disability evaluation process does allow individuals to attempt to work, even if, ultimately, they find that they cannot sustain their employment. For example, a claimant who returns to work but is unable to stay on the job for at least ninety days may potentially have this classified as an "unsuccessful work attempt". An unsuccessful work attempt will not disqualify a ssd or ssi claimant's application for benefits.

The best thing always to do is KEEP SSA INFORMED as to your condition and ANY change in your status. They can and will find out what you are doing an IF there is an overpayment they have ways to get the money back. They will do everything they can to help you keep your benefits...use their expertise. IF you don't understand something...ask again until you do. The best advise I can give you is to go to the source.

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STEVEPSCA@YAHOO.COM
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Monday January 30, 2006 6:39 PM

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One other thing ....IF Medicare provided any conditional payments while you were on WC you should be sure that CMS was notified of your settlement and Medicare interests were provided for ...
You can read more about WC and CMS requirements here...http://www.cms.hhs.gov/WorkersCompAgencyServices/03_reportingwc.asp#TopOfPage

When you are dealing with SSA/CMS you need to find out the rules and make sure you follow them...they will help you but they won't call and see what's going on and remind you of your responsibility.
Go to this site and read through what the reporting requirements are. The IC's/DA;s/AA's aren't always aware of the requirements or just plain don't bother ...but it's very important to be sure this is cleared up.

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julleyju
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Tuesday January 31, 2006 4:39 PM

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Thanks, Steve. I have to say that you, Ginger, and Lois have been an enormous help in trying to figure out the ins and outs of the whole WC thing.........I'm still befuddled about the VR, though--my lawyer said that nothing would be taken out of my SSDI for the training payments for VR--I have NO IDEA where to turn on this! I'm close enough to retirement age that going through any type of training/school is very unattractive, but I frankly want to get the most out of this that I can! My HUGE problem is driving--it kills me, I so told my VR counselor when we had our little "session"--IS IT WORTH IT???????? It just doesn't make sense to me....why would anyone want to give up enough of the SSDI to equal the sums of that plus the training expenses??? I think I'm missing something here, but am not sure what it is.........

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julleyju
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Tuesday January 31, 2006 6:30 PM

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P.S. ART.........I'm sorry I forgot to mention you--your wit is the absolutist!!!!!!!!!!

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STEVEPSCA@YAHOO.COM
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Tuesday January 31, 2006 6:37 PM

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The ONLY way your SSDI benefit will not be adjusted is IF your "income" from ALL sources does not exceed the 80% rule. SO figure out what the numbers are and there you have it...as Ginger says "that simple..that easy". end of story.

If you don't intend on returning to work, give up the VR benefits...to avail yourself of this because you want to "maximize" your benefits is an abuse of the system. I fail to see what you think you are going to gain by this. IF you find participating in a VR program "unattractive"...well,... it would be a dissappointment to me and I'm sure others to see you go through it just to "get the most of this you can!"

Please don't do this, that is what gives IW's a bad rap...VR is a benefit, not an entitlement.

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