I am on Worker's Comp, am I entitled to receive compensation from either the insurance company of SDI beyond?

by **jarl** » Sun Dec 18, 2011 11:36 pm

My injury was in Aug 2006 and I know that I was entitled to receive 104 weeks of TDD, however since I can't work, am eligible for SDI? I did receive payments from them for about 8 months when I should have been receiving TDD, however the insurance company paid them back. And then I also received a few checks from them after my 2 years, however they didn't continue to pay me, so I've blown through my savings over the last 2 years and am in threat of losing my apartment? Do I have options or am I destined to be homeless until my case settles? Thanks for any help you can provide.

by **chansomps** » Sun Dec 18, 2011 11:50 pm

You can't get both. You can't double dip. You get the LARGER of the two amounts.

TDD . . .isn't that TEMPORARY disability? I think you need to file for social security disability. It's been almost 5 years, and you should have filed WAY before then. If you're still injured 5 years later . . .that doesn't sound quite so temporary to me.

by **nemausus36** » Sun Dec 18, 2011 11:53 pm

You can only draw WC or SDI but not both. Your attorney needs to be finding out why they have stopped paying you. If you have not been declared P&S then in CA they have to continue paying you, Now your state laws could be different but I don't see how.

Your attorney is going to take part of your settlement when you reach that point. If he is not explaining the situation nor helping you receive the payment that is due to you then contact your state bar. You are also free to switch attorneys anytime. Honestly I think what is happening is outrageous. Try calling your county health department and see if there is assistance for you to help you financially. What a mess, you need to demand answers and accountability!~~

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