Back Pay Ques. - Disabilities Message Board

Vicky67 · 07-21-2009, 04:19 AM

If I was approved for sssdi in April and received my first payment in june how long do I have to wait for my back pay? I heard from a friend that if you are on workers comp and get on ssdi you have to pay ss back when you settle your comp case. Does anyone know how true that is. TY

bwitht · 07-22-2009, 01:45 AM

That is true to a point. Work comp TTD pays 66 2/3% of your average compensation, up to your state's statutory maximum. The combined total of SSDI and WC can not exceed 80% of your average compensation. If the total is grater than 80%, SSDI will be reduced by the excess amount. It is probable that SSA is going to reduce your back-pay for any months you already have been over the 80%.

Settling your case is different in that whatever amount you settle for is divided by however many months your body part(s) are worth (by your state's guidelines). That will only affect your monthly SSDI payment by the same 80% rule. It is not like paying back for all you have received.

I realize this is very confusing, isn't all government talk? You can read more about how your benefits can be affected in SSA Publication No. 05-10018, which can be found on the website.