Utica Mohawk Clause written up within a Workers' Comp Lump Sum Agreement?

[Wink]

Does anyone know exactly what a Utica Mohawk Clause is? I know that it has something to do with a certain "language" or "structuring" or "wording" within a Workers' Comp Lump Sum Agreement--and may be financially beneficial/advantageous when applying for SSDI.

Is there ANY website that you know of where I can read/study up on regarding this clause?

Thanks!
Wink

[bygodde]

I worked in a law office doing workers comp clincher agreements. We would put a Utica Mohawk Clause in the agreement. You would look up in the code of laws the life expectancy from the date of injury, convert it to months, divide it into the settlement to get a monthly figure that you would put in the clause. This helps the person get social security should they apply. If you did not include this clause social security would look at the lump sum settlement and deny the claim.

And this..

The Utica Mohawk Rule, is basically a certain stipulation of the law, that covers Aliens and alledged illegal workers in this country.

It is known as rule # 12(b), (6)

This rule was utilized in the U.S. District Court Of Appeals, for the Northern District Of Georgia, earlier this year.

The case and docket numbers, are as follows:

Docket # 04-00003-CV-HLM-4

Case # 04-13740

See Verifying Link:

http://caselaw.lp.findlaw.com/data2/circs/11th/0413740p.pdf

If the above link doesn't open, then you may have to go to Findlaw.com, and search it from there.

Jessica