On Tue, 18 Apr 2023 20:49:53 GMT, Roger Meriman <
ro...@sarlet.com>
wrote:
>Jeff Liebermann <
je...@cruzio.com> wrote:
>> On Tue, 18 Apr 2023 07:29:07 -0700 (PDT), William Crowell
>> <
retrog...@gmail.com> wrote:
>>
>>> Jeff, it seems to me that if Tom really were on disability benefits, it
>>> would probably be state disability benefits ("SDI"), but SDI would have
>>> terminated a year after the injury. Any continuing benefits would have
>>> to be Social Security Disability (if his S.S. benefits were vested) or
>>> Supplemental Security Income (if his S.S. benefits weren't vested). It
>>> is also possible that Tom had purchased a disability income insurance
>>> policy prior to his accident.
>>
>> Tom referred to being "permanently disabled". With TBI (traumatic
>> brain injury) he might qualify for SDI benefits:
>> "How To Apply for Permanent Disability Benefits in California?"
>> <
https://sackettlaw.com/blog/how-to-apply-for-permanent-disability-benefits-in-california/>
>> "Permanent Total Disability: If you are 100% disabled and are also
>> able to prove that the disabilities in question were a consequence of
>> your work, you can receive weekly payments for your entire remaining
>> life. But if your disability rating ranges between 70% to 90%, you can
>> still receive a lifetime pension."
>
>Almost certainly Tom would be considered disabled, there is no official
>disability as such.
True. He could declare himself to be disabled and act the part
accordingly. Whether anyone would recognize him as disabled is rather
questionable. I don't know of any other permanently disabled person
doing such amazing and impressive bicycle rides.
We do recognize the term "legally disabled". For example:
"Are You Considered Legally Disabled by Social Security?"
<
https://www.alllaw.com/articles/nolo/disability/considered-legally-disabled-social-security.html>
"Tax Tips for the Legally Disabled"
<
https://turbotax.intuit.com/tax-tips/disability/tax-tips-for-the-legally-disabled/L2YSQyIaq>
I haven't done much reading on the topic, but it seems that "legally
disabled" means that the SSA (social security administration) and IRS
(internal revenue service) recognize someone as qualifying to receive
tax credits, payments, and deductions:
"What Is Permanent and Total Disability?"
<
https://www.irs.gov/instructions/i1040sr#en_US_2022_publink11357od0e172>
For the IRS, permanently disabled requires only a physicians statement
attesting that:
1. He or she can't engage in any substantial gainful activity because
of a physical or mental condition.
2. A physician determines that the disability has lasted or can be
expected to last continuously for at least a year or can lead to
death.
Since Tom worked in a "substantial gainful activity" at Forward
Innovations from Mar 2014 to Sept 2014 he's not qualified for SSI
disability benefits.
>Or to put it another way qualifying for Disability benefits or not is
>separate from if one is disabled or not.
Maybe. It would seem (to me) that he could declare himself to be
disabled, but I think he needs to demonstrate that at least he
qualifies for permanent disability benefits to be "permanently
disabled". I'll dig some more and see what I can find.
>> Notice that Tom would need to prove that his disability was the result
>> of a work related injury or condition. I don't believe that injuries
>> resulting from having the CF fork collapse on recreational a bicycle
>> ride qualifies. Instead, I suspect that Tom has declared himself to
>> be permanently disabled, without applying for benefits or meeting the
>> requirements. With TBI, he might have qualified for federal SSDI:
>> <
https://www.ssa.gov/benefits/disability/>
>>
>> Purchasing insurance is a possibility. After all, Tom claims to be a
>> illionaire:
>>
>> 03/05/2023
>> <
https://groups.google.com/g/rec.bicycles.tech/c/JG80Gv6eFz4/m/I5iXXkCRAgAJ>
>> "... I am worth a million and 3/4 dollars. Exactly what are you
>> worth?"
>>
>> Having an TBI in 2010, and then returning to work in 2014, would
>> disqualify him from collecting state, federal or insurance disability
>> benefits.
>>
>> 01/06/2023
>> <
https://groups.google.com/g/rec.bicycles.tech/c/K-cG5lehtd0/m/X3FtbYbXAAAJ>
>> "I am permanently disabled and so is the cop who managed to get me
>> back from the last step from death."
>>
>>
>Roger Merriman
>
>