(REMASTERED) 10.16.2011 (Workers Compensation, PTSD)

0:22 Good day, and welcome to another edition of Q and A Social Security Disability Today. I am your host, attorney Anthony Reeese, So let's go ahead and get started start answering your question. The first question of the day has to deal with the workers combat offset, and as it indicates here, does the workers conversation offset apply to retroactive payments that people get when they approve your case when you're determined to be disabled? Hugh, I was trying to read exactly how it was written here. The answer the question is yes, And let me tell you how it usually plays out. I've done a couple of videos on workers workers compensation excuse me, we affectionately referred to as workers comp and it gets a little tricky because depending on, of course,

1:11 depending on the type of lump sum benefits you get, there may be a reduction if it's a supplemental security income. Where this usually comes into play is what we call disability insurance benefits. Here's where people kind of get thrown off. If you're getting ongoing monthly workers excuse me, it's usually bi weekly workers comp benefits. Usually you don't you know there's going to probably be an offset because you're getting it on a regular basis. Where usually it catchs people off guard is when they find themselves in a position where they've gotten a lump sum of worker comp and a lump sum of social security. Here's what I tell people.

1:44 If you've got workers compensation, there's a fairly good chance you're going to have an offset. So if you've got a lump sum of social security, social Security before they release that lump sum, is going to want to know if you've been receiving workers compensation, whether it's on a bi weekly basis, whether you settle your case and you've gotten a lump sum. Remember, as I've talked about in other videos, that lump sum is actually applied going forward forward.

2:09 In other words, let's say you get twenty thousand dollars for a lump sum and you're like forty years of eight, Whether they're going to expect that you're going to live to about seventy five if you're a man, seventy eight if you're a woman, and then they're going to break up from forty to seventy five. For forty to seventy eight, that's thirty to five or thirty eight years, depending on if you're a mail or a woman, and then they're going to determine how much money you will have gotten per month had they paid you that lump sum per month.

2:34 In any event, keep in mind what I all. This is the one thing I tell people all the time. If you get a worker's back pay or lump thumb excuse me, or if you're drawing it bi weekly, there is a pretty good chance that you're going to see an offset. Social Security is very good about calculating it, so make sure you provide them all the information they need in order to calculate it correctly. The next question is, quite frankly, a very awesome question. It has to deal with post traumatic stress disorder. Post Traumatic stress disorder is a very unique phenomenon. Let me tell you why I say this is in this particular question that was posed to me, there was really a lot of different things that were brought for this individual is basically saying I

3:24 was post traumatic stress disorder as a result of an incident that occurred when I was a child. You've taken some computer classes, but you're having a hard time retaining information from that. What type of impact is these type of scenarios going to play on my social security here's what you can kind of have to keep in mind.

3:43 Most medical conditions, whether they be physical or mental, that you have. The fact that you have those conditions does not of it self indicate that you're disable. At the end of the day, the biggest question is what is the level of severity of that condition? And an example that was provided to meet or the question that was asked, what this individual is saying that as a result of the traumatic experience that they have, they're experiencing some problems that results in them having difficulty in retaining information as a result of going to school. The important part is remember you got to be able to document or show that.

4:17 Now some of you may say, well, wait a minute, I don't understand. How do I do that if I'm in school? That has made any sense, Well, there's a couple ways you can do it. First and foremost, if you're in school, is the school aware of the fact that you need additional accommodations because you're having the problem retaining information. Most schools, especially online schools, will have the ability to actually categorize you as a student as a particular type of student that may need special needs. Does the school recognize that you have a problem that requires additional help. Let's see what your grades look like. Are you making bad grades because you're having the hard time retaining the information? Are you getting treated by a doctor

4:54 who has provided documentation to the school to let them know that you are having some cognitive problems. I know I sound like a broken record, so please forgive me when I say this, because I say it a million times. The focus is always on what is the severity of your condition, and you have to prove that meaning just you're saying. And this is where it gets tricky because a lot of times what happens to people go in hearings and they'll say they'll tell a judge, oh, you know, I have post automatic dress disorder. I'm having a hard time remembering things, and my grades are bad. But the reality is, if the school doesn't know that you're having problems, if your doctor doesn't know that you're having problems, if

5:32 you're not telling your doctor this, then the only thing they have to rely on is your word. So, and this is not trying to be staked, but I need you to understand how this plays out. You have a bad grade because you just don't care about going to school anyway. So if you're trying to bridge that gap between a problem that you're having and showing social Security that it's connected to your medical commission, you've got to be prepared to demonstrate that. That means you've got to be prepared to show to Social Security as the result of notes from your doctor, accommodations from your school, and your grades in terms of showing what your transcripts look like, so that a judge, which is usually the main fact

6:11 finder in this case, can make a determination of whether or not your condition is caused or if the problems you're caused as a result of your condition. They're not going to just rely on what you say alone. So the question that being asked is will the fact that you're going to school and you're having a problem school be taking consideration. Absolutely. The key though, is you've got to be able to demonstrate to Social Security that there is a connection between the two and some instances, especially like this, because I've had this happen with schools. Having problems in school is not enough if the schooler doesn't know about it, if you're treating doctor doesn't know about it, if there's no documentation to indicate that that's supported it's

6:49 just basically your word and your grades. You've got to be prepared to demonstrate that you're having a.

6:55 Problem with You and your friends like to have a live conversation with Attorney Anthony Reeves about question you have about social Security disability or supplemental security income. Feel free to contact Q and A Social Security Today to schedule a Disability Questions and Answers webinar with Attorney Anthony Reeves.

7:17 Please send an email to contact at Reevesfirm dot com for more information on how you and your friends can schedule a live conversation with Attorney Anthony Reeves to have your questions answer. I want to thank you again for joining me for another edition of Q and A Social Security Disability Today. And as always, if you have a question that you want to have answer today, make sure you join me right here on Social Security Disability Today.

7:43 I am your host, Attorney Anthony Reeve, and as always, keep those buttons coming and I'll make sure I keep my answers coming.

7:48 To last, take care