▲ 2 r/LaborLaw+1 crossposts

Worker Misclassification Question - Higher Overall Compensation as a 1099

Theoretic question - if you prove someone has been misclassified as a 1099 (should be a w2), but that person's compensation was higher when he moved to a 1099 taking into account those lost w2 benefits (401k match, healthcare, and sick leave/vacation), does the offset basically void possible damages? I understand if misclassification is proved the person could get paid back those SE taxes and the employer would owe their half to the IRS, but what about the other lost benefits after the 1099 change?

Haven't been able to find a clear answer on this. Thank you everyone!

Location: Virginia

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u/ArmyVeteran1987 — 1 day ago

How to get Dental Care through the VA?

Just realizing now I can get dental care through the VA as 100% P&T. Do you need to get a referral from your primary care doctor, or can you just call the VA dental number (DC VA in this case) and set up an appointment? Not sure how it works... Thanks all.

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u/ArmyVeteran1987 — 3 months ago

VA denied non-VA ER visit even though I called 72 hour hotline. What recourse do I have?

I thought this was taken care of but apparently not. A few weeks back I went to the emergency room down the road for an emergency appendectomy in the middle of the night. I wasn't making it to the DC VA hospital. When I got to the ER, the team took a CAT scan and recommended an appendectomy as soon as possible, which I received. After the procedure, I went home and called the 72 hour hotline to report it. I thought it was all taken care of, however, I just received a letter from the VA saying the "initial review indicates that services provided may not meet the requirements for VA payment because: Prudent layperson not met. The treatment provided does not meet the Prudent Layperson definition of an emergency." I also received a bill alongside.

I am livid because I truly don't see how anyone could possibly say this wasn't an emergency. The CAT Scan showed my appendicitis to be 19mm with the chance of rupturing at any moment.

What are my options for recourse because I'm sure as hell not paying this?

What a slap in the face. I guess this is the "thank you" you get for serving your country?

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u/ArmyVeteran1987 — 3 months ago

What are the recommended next steps for getting billed for emergency care at a private hospital as a 100% P&T veteran?

A few weeks back I went to a non-VA hospital to get emergency surgery as I was in unbearable abdominal pain. I wouldn't have been able to make it to the VA hospital as it is an hour away, so I went to the nearest non-VA hospital down the road (10 mins away). After I got emergency surgery (appendectomy) and returned home (same day of surgery), per VA process, I called the VA emergency notification line that day to report it. I also told the hospital when I was admitted I get VA healthcare.

Based on my research, I thought if we are 100% P&T and go to a non-VA hospital for emergency care, the VA would cover it. This makes sense to me, however, a few days ago I received a bill from the hospital for the procedure for +$6k. Anyone have any guidance as to how to handle this situation? I don't have private insurance so was counting on the VA to cover this as an emergency.

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u/ArmyVeteran1987 — 3 months ago
▲ 7 r/SSDI

Does this mean I was approved medically?

Looks like my SSDI application went to step 4 and now reads:

On May 15, 2026, a representative in xyz started a final review to make sure that you still meet the non-medical requirements for Disability Benefits.

Does this mean I was approved medically? Or do you still receive this even if you are denied? I have very high confidence I will meet the non-medical requirements, work history, work requirements, etc. Any insight would be awesome!

Thanks everyone. Can't help the curiosity...!

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u/ArmyVeteran1987 — 3 months ago

Hello,

I am interested in utilizing my remaining post-9/11 GI Bill benefits. Based on the VA website, I have 19 months, 24 days left to use.

I'm not sure how to figure out how many credits this gives me. Is the benefit purely based on time, meaning you expend your benefits the same, regardless if you take a full course load versus a part time workload? I would have assumed it was based on credits not how long you are in school, but I don't know. Anyone have any guidance?

I was hoping to take some classes part time as it would be more practical for me in my current situation. Thanks all!

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u/ArmyVeteran1987 — 4 months ago