Get your cost of living adjustment. It’s a strange
calculation as to when someone is eligible for COLA so
many people do not request it, which can cost them a lot
of money. Once, I got COLA for a client that exceeded
$20,000 from previous years, plus an increase in her
current weekly check by several hundred dollars. COLA
is a cost of living adjustment that happens every year. In
theory, if you’re completely out of work and receiving
workers’ compensation for a while, you can request it by
filling out the form, which I have included in the appendix.
You can go to my website and download the form at www.
injuredworkerslawfirm.com. You simply go to your local
Social Security office, have them confirm that you are
not receiving Social Security benefits, mail the form to
the Virginia Workers’ Compensation Commission, and
you can get the cost of living adjustment. If you are on
Social Security disability, you cannot get a cost of living
adjustment because there is no “double dipping.” Social
Security gives you the cost of living adjustment. If you
haven’t received the cost of living adjustment for several
years, you need to have a form filled out by the Social
Security Administration for each year in order to get your
adjustment. The trick is figuring out when you are eligible
for the cost of living adjustment. You can receive your
cost of living adjustment effective October 1st of each
year if you are on an outstanding award and the accident
occurred before July 1st of that same year. This means
that someone who was injured on June 30 will be able to
receive a cost of living adjustment as soon as October 1st
(three months). Someone who was injured July 2 will not
be able to receive cost of living adjustment benefits until
October 1st of the following year (15 months).
