Off The Record – SSD & Workers’ Comp

Video Transcript

Hi, everybody, Craig Rosasco, law firm Turley Redmond & Rosasco, the counsel to the profession, workers’ compensation, Social Security, veterans claims. We’re going to talk about a different area today that I come across often. Although I don’t handle these types of claims, it becomes an issue as part of your workers’ compensation and/or Social Security Disability Claim.

So here’s the example we’re going to use today. Joe Schmidt gets hurt and hurts his back at work and he can never go back to work. At least he’s getting treatment. He’s trying to get back to work. After three months, his FMLA runs out, and at that point, his employer can terminate him. That is by law. If you have over 50 employees, you have to hold that person’s job open for 90 days, 3 months, and at the end of that time period, you can terminate the person.

So now he’s terminated and he loses his healthcare coverage. What does he do at that point? Him and his whole family were on that policy. So makes it difficult. However, the employee who’s now been terminated is entitled to file for COBRA, which is continuation of his medical benefits through his employer. Typically that will carry for 18 months.

The problem that I see with my clients is employers tend to have better insurance policies, meaning better, more expensive than what they can get on the healthcare marketplace in the state of New York. So if you want to maintain the same coverage you have, it’s going to cost you more than possibly shopping the policy. So you can carry your COBRA insurance for 18 months. After that, you’re going to have to get on to some other type of medical coverage.

Now if your disability is significant enough and I’m handling your Social Security Disability Claim, you, the applicant, becomes eligible for Medicare after 24 months of filing your claim or the onset of your disability. So you personally, you can get on Medicare.

Now what happens to Joe Schmidt’s wife and children? They’re going to have to fend for themselves. They’re going to have to shop on the healthcare marketplace, look for insurance coverage wherever it may come best and easiest to them. What I typically tell them is check with your current providers and see what types of insurance they take because you don’t want to change over to an insurance plan that none of your providers take because then it’s essentially useless to you.

Now I don’t handle this area, however, I come across it all the time. If you’re suffering from this type of issue or going through it, give me a call. I’ll be glad to walk you through it because probably there’s a workers’ compensation claim or a Social Security Disability Claim that’s underlying that’s brought you to that position. I can reach you at 516-745-5666. Knowledge is power, people. Call me. I’ll be glad to help you.