ILNews

Social Security doesn't go toward threshold

Jennifer Nelson
January 1, 2008
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Social Security benefits can't be counted toward the threshold amount of benefits that a person has to get in order to be eligible for benefits from Indiana's Second Injury Fund, the Indiana Court of Appeals ruled today.

The court tackled the issue of first impression in James Kohlmeyer v. Second Injury Fund, No. 93A02-0711-EX-1000, in which James Kohlmeyer argued Social Security benefits he received after becoming permanently totally disabled as a result of a work accident should count toward the threshold dictated under Indiana Code Section 22-3-3-13(h)(2).

In order to become eligible for Second Injury Fund benefits, the applicant has to exhaust his or her benefits, which in Kohlmeyer's case was a total of $154,665. The worker's compensation benefits he received only totaled $136,381.82; however, if he factored in the nearly $30,000 he received in Social Security benefits, he would reach the threshold amount.

The Indiana Court of Appeals admits Kohlmeyer makes a plausible argument in favor of counting Social Security benefits - he argued the terms "benefits" and "compensation" in the Indiana Worker's Compensation Act are separate terms with separate meanings. He claimed that because the act specifies he is entitled to "compensation" from the Second Injury Fund, that term must mean worker's compensation funds, and that "benefits" include those funds and Social Security benefits.

Because "compensation" and "benefits" aren't defined in the act, the judges determined that when viewed as a whole, those two terms used in Section 22-3-3-13(h) are synonyms with respect to this issue, wrote Judge Ezra Friedlander.

"We conclude instead that the best interpretation of the Act is that it addresses only Worker's Compensation benefits and compensation. In so doing, we necessarily reject Kohlmeyer's claim that the Act neglects to mention Social Security benefits because the statute was written long ago and no one made this argument before," he wrote.

The opinion also addresses the argument Kohlmeyer made that he is entitled to payments from the Second Injury Fund. In the agreement between Kohlmeyer and his employer, it stated he was able to apply for Second Injury Fund benefits, but not that he was entitled to them. When he applied, he didn't meet the threshold requirements, so he was denied, the judge wrote.
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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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