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-   -   Disability Allowance (https://britishexpats.com/forum/usa-57/disability-allowance-922789/)

mr doyle Mar 1st 2019 3:15 pm

Disability Allowance
 
My wife Sarah was hit by a car while crossing the street near our house in LA last April.
Without going into too much detail my wife suffered a Traumatic Brain Injury and has been recovering slowly ever since. Its been a difficult year but we are getting there and she is set to make a full recovery.
Again without going into too much detail I have spent the last 11 months dealing with lawyers, insurance companies etc. But my question is, is there a case here for disability allowance here for my wife. I think we are looking at another 12 months until Sarah is back working again, but these things are hard to know.

We have an LLC Company here and the accident was not work related. My main fear is that any help from the government may affect our status when it comes to things like renewing our Green Card.

I thought it would be good to ask here first as someone may of had a similar situation. Any help is will be much appreciated.

Boiler Mar 1st 2019 3:32 pm

Re: Disability Allowance
 
Any help I think would be from the State not the Feds.

Hotscot Mar 1st 2019 3:52 pm

Re: Disability Allowance
 
Sorry to hear about that Doyle.

Did the driver have insurance?
Was there a police report.
Was the driver to blame or is there any doubt?

Haven't you made a claim here?
https://www.edd.ca.gov/disability/Ca...nt_Amounts.htm

'My main fear is that any help from the government may affect our status when it comes to things like renewing our Green Card.'
I hear you but this is an unknown at the moment. We don't know how future events/administrations will affect non-citizens however I do not think it will impact you. You're in CA.

Sorry about your wife and hope she keeps improving.

Nutmegger Mar 1st 2019 4:42 pm

Re: Disability Allowance
 

Originally Posted by mr doyle (Post 12646152)
My wife Sarah was hit by a car while crossing the street near our house in LA last April.
Without going into too much detail my wife suffered a Traumatic Brain Injury and has been recovering slowly ever since. Its been a difficult year but we are getting there and she is set to make a full recovery.
Again without going into too much detail I have spent the last 11 months dealing with lawyers, insurance companies etc. But my question is, is there a case here for disability allowance here for my wife. I think we are looking at another 12 months until Sarah is back working again, but these things are hard to know.

We have an LLC Company here and the accident was not work related. My main fear is that any help from the government may affect our status when it comes to things like renewing our Green Card.

I thought it would be good to ask here first as someone may of had a similar situation. Any help is will be much appreciated.

Sorry to hear about the accident. How far are you from being in a position to become a citizen? If you are able to get the ball rolling on that, you wouldn't have to worry about your green card and eligibility for relief programs.

Pulaski Mar 1st 2019 6:05 pm

Re: Disability Allowance
 
The only "disability allowance" I know of is a function of the Social Security Administration (SSA), so is federal. It is tough to get accepted, typically takes multiple rounds of applications, and a year or more, and in any case is only available if you and your employer have paid in enough credits for you to be eligible. In other words, you can be bona fide crippled and unable to work, but if your employers defrauded you by not paying your SS contributions to the SSA, you are S - O - L! :eek:

It is possible that "progressive" states, such as CA, may have more generous provisions than the federal program.

Giantaxe Mar 1st 2019 6:14 pm

Re: Disability Allowance
 

Originally Posted by Pulaski (Post 12646268)
The only "disability allowance" I know of is a function of the Social Security Administration, so is federal. It is tough to get accepted, typically takes multiple rounds of applications, and a year or more, and in any case is only available if you and your employer have paid in enough credits for you to be eligible. In other words, you can be bona fide crippled and unable to work, but if your employers defrauded you by not paying your SS contributions, you are S - O - L! :eek:

It is possible that "progressive" states, such as CA, may have more generous provisions than the federal program.

State Disability Insurance, but only if the OP's business elected coverage:

https://www.edd.ca.gov/disability/Se...ligibility.htm

Nutmegger Mar 1st 2019 6:41 pm

Re: Disability Allowance
 

Originally Posted by Pulaski (Post 12646268)
The only "disability allowance" I know of is a function of the Social Security Administration (SSA), so is federal. It is tough to get accepted, typically takes multiple rounds of applications, and a year or more, and in any case is only available if you and your employer have paid in enough credits for you to be eligible. In other words, you can be bona fide crippled and unable to work, but if your employers defrauded you by not paying your SS contributions to the SSA, you are S - O - L! :eek:

It is possible that "progressive" states, such as CA, may have more generous provisions than the federal program.

This is so true -- I worked with a woman who had back surgery after back surgery and was in constant pain and could hardly stand up. Her doctors finally advised her to stop attempting to work and to apply for disability, and she was not accepted. (And there were none of the eligibility problems that you describe in this case.)

Boiler Mar 1st 2019 7:07 pm

Re: Disability Allowance
 
So she would have had to have been working?

Hotscot Mar 1st 2019 10:09 pm

Re: Disability Allowance
 

Originally Posted by Giantaxe (Post 12646274)
State Disability Insurance, but only if the OP's business elected coverage:

https://www.edd.ca.gov/disability/Se...ligibility.htm


Yup, already posted that earlier:thumb:

Giantaxe Mar 1st 2019 10:18 pm

Re: Disability Allowance
 

Originally Posted by Hotscot (Post 12646386)
Yup, already posted that earlier:thumb:

Yes, but not the info pertaining to sole proprietor/spouse owned businesses...hence my post.

Hotscot Mar 1st 2019 11:08 pm

Re: Disability Allowance
 
You're absolutely correct!:lol:

Rete Mar 1st 2019 11:30 pm

Re: Disability Allowance
 
When I was disabled and out of work, I received monies from my firm's disability insurance plan. My accident was not work related. This was New York State.

BEVS Mar 2nd 2019 1:36 am

Re: Disability Allowance
 

Originally Posted by mr doyle (Post 12646152)
My wife Sarah was hit by a car while crossing the street near our house in LA last April.
Without going into too much detail my wife suffered a Traumatic Brain Injury and has been recovering slowly ever since. Its been a difficult year but we are getting there and she is set to make a full recovery.
Again without going into too much detail I have spent the last 11 months dealing with lawyers, insurance companies etc. But my question is, is there a case here for disability allowance here for my wife. I think we are looking at another 12 months until Sarah is back working again, but these things are hard to know.

We have an LLC Company here and the accident was not work related. My main fear is that any help from the government may affect our status when it comes to things like renewing our Green Card.

I thought it would be good to ask here first as someone may of had a similar situation. Any help is will be much appreciated.

I cannot help in any way at all as I am in New Zealand.

I just wanted to say that I am sorry to read about your wife. Dreadful thing to happen to the both of you. I suffered brain trauma 40+ years ago now from an RTA and it was no fun fighting my way back to good health.

I hope your wife will make a good recovery.

All the best
M

civilservant Mar 2nd 2019 9:13 am

Re: Disability Allowance
 
SSI or SSDI (depending on your wives contributions) are extremely hard to get, take upwards of 2 years unless you are terminal, and are usually denied at the first attempt. Usually you need to get in front of an Administrative Law Judge before being approved.

I think if it's going to a year, that she would be back at work beforehand, but there's nothing wrong with claiming as they will backdate eligibility (and therefore payments) if accepted.

mr doyle Mar 2nd 2019 3:36 pm

Re: Disability Allowance
 
Thank you for all the thoughtful replies.
Its really just a case of weighing up options at the moment. The important thing is that Sarah is recovering well, all be it slowly.

Marcus

tom169 Mar 2nd 2019 5:47 pm

Re: Disability Allowance
 
Disability allowance is an attorney and a lawsuit.

Pulaski Mar 2nd 2019 7:12 pm

Re: Disability Allowance
 

Originally Posted by tom169 (Post 12646758)
Disability allowance is an attorney and a lawsuit.

I was about to say the same thing - there are perfectly logical reasons why the US has a litigation culture.

In this case, based on the limited information available, a suit for damages, which would go on the insurance company of the driver who hit her*, would likely be settled quickly out of court for a figure based on severity of injuries, out of pocket expenses and loss of income, consequential losses and expenses, "pain and suffering", etc. .... Then your lawyer pockets a third of the settlement figure! :nod:

* If the driver has no, or inadequate insurance, then you have to go after their assets, so if you win damages, an order to seize assets for sale or liquidation. This is why we keep telling people that they need adequate insurance, not necessarily what your state specifies as the minimum requirement, because if you injure a sports star, famous actor, or top executive, you may face a massive law suit, and without adequate insurance that might mean seizing your home to pay the settlement.

Giantaxe Mar 2nd 2019 7:23 pm

Re: Disability Allowance
 

Originally Posted by Pulaski (Post 12646798)
I was about to say the same thing - there are perfectly logical reasons why the US has a litigation culture.

In this case, based on the limited information available, a suit for damages, which would go on the insurance company of the driver who hit her*, would likely be settled quickly out of court for a figure based on severity of injuries, out of pocket expenses and loss of income, consequential losses and expenses, "pain and suffering", etc. .... Then your lawyer pockets a third of the settlement figure! :nod:

* If the driver has no, or inadequate insurance, then you have to go after their assets, so if you win damages, an order to seize assets for sale or liquidation. This is why we keep telling people that they need adequate insurance, not necessarily what your state specifies as the minimum requirement, because if you injure a sports star, famous actor, or top executive, you may face a massive law suit, and without adequate insurance that might mean seizing your home to pay the settlement.

OP doesn't say whether the driver was deemed at fault, but totally agree with your premise. This is exactly why I carry umbrella insurance.

Pulaski Mar 2nd 2019 7:29 pm

Re: Disability Allowance
 

Originally Posted by Giantaxe (Post 12646807)
OP doesn't say whether the driver was deemed at fault, but totally agree with your premise. This is exactly why I carry umbrella insurance.

Me too! :)

The add-on cost for a home owner is peanuts, almost literally - I believe we spend more on drums of peanuts and mixed nuts every year than we pay for our $1m umbrella policy.


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