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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 11708
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I signed a medicare set-aside addendum for a workers compensation

Resolved Question:

I signed a medicare set-aside addendum for a workers compensation settlement stating that I did not anticipate filing for SSD benefits within 30 months (13 months have passed already). Would this also apply if I am applying for SSI benefits since I do not have enough work credits to apply for SSD? I have no money and have been unsuccessful finding work due to physical injuries and/or illnesses. I am more sick in bed than functional.

Should I proceed with an SSI application or does the statement I signed noted above preclude from filing for SSI?

Thanks so much.
Submitted: 9 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 9 months ago.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing SS law full time for 10+ years and look forward to assisting you.

I signed a medicare set-aside addendum for a workers compensation settlement stating that I did not anticipate filing for SSD benefits within 30 months (13 months have passed already). Confer with your WC attorney - however, it states you didn't "anticipate" at the time of signing, of filing for SSD. This would seem to indicate that so long as you weren't lying, that you in fact did not intend to file. That 13 months have passed and you haven't filed for SSD, would seem to support that. The fact that you (or another) could later decide that they are eligible for SSD, and file accordingly, would not seem to contradict your statement made 13 months ago.

 

Would this also apply if I am applying for SSI benefits since I do not have enough work credits to apply for SSD? If the statement you are discussing explicitly said "Social Security Disability" and did not say SSI (which is not Social Security at all, but, rather "Supplement Security Income"), then SSI would not be implicated at all.

 

I have no money and have been unsuccessful finding work due to physical injuries and/or illnesses. I am more sick in bed than functional. I am so sorry!

Should I proceed with an SSI application or does the statement I signed noted above preclude from filing for SSI? From the facts you have provided, it does not appear that you can not file for SSI. Moreover, even if you were eligible and seeking SSD, I don't think a statement of non-anticipation a year ago prevents you from filing later, when you later became convinced that you were disabled from all work as defined by the SSA (disability for SSA is different than disability for WC or other programs, in any event). Lastly, if your SSD related impairments are not related to your WC injury - there is no implication either.

 


Thanks so much.



Already Tried:
I have tried looking for work but have recently gone a total thyroidectomy and have been very sick. Not only do I have work related injuries in my back, shoulders, wrists, and neck with surgeries but I also have several diseases I am dealing with: thyroid and parathyroidectomies, diabetes, glaucoma, asthma, IBS, short bowel syndrome from a colostomy, hypertension,So sorry!

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Stephanie O. Joy, Esq., ONLY" if you want me to specifically answer it.

Sincerely, XXXXX XXXXX Joy, Esq.

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Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 11708
Experience: 19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
Stephanie O Joy, Esq and 3 other Social Security Specialists are ready to help you
Customer: replied 9 months ago.

Thanks for the advice. My signed statement did not include not applying for SSI. I will attempt to apply for SSI then.

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