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Old 10-03-2009, 09:46 PM   #1
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Disability and Worker's Comp

I had a worker's comp case going before I filed for SSD. Neither atty. was sure how they handle any win. Is it deducted etc. That case went on almost 3 years. I filed in August 2006, went on temp disability in Sept. 2006 after Lumbar Fusion surgery, retired April 1 2007. Case settled March 2009. I worked for the State so that tells you why it took so long.

In March of 2009 my worker's comp case was dismissed under Section 20. That meant that neither party could prove their case. They awarded me $16,000 before Atty fees etc. I got about $12,000. I was told that money was free and clear and did not have to be added as income for tax purposes etc. It meant that there was no case.

So, I am wondering if that amount is going to be deducted from my back pay.

I'm already asking questions and still have to win the case. LOL

Thanks,
Kathy

 
Old 10-04-2009, 08:02 AM   #2
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Re: Disability and Worker's Comp

This one is out of my league. I will see if SpineAZ can help....She's the foremost expert with this stuff.

Regards,

Ex

 
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Old 10-04-2009, 10:16 AM   #3
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Re: Disability and Worker's Comp

Under SS regulations, your SSDI benefit can be reduced by Workers' Compensation benefits received. That doesn't mean they'd ask you for the funds directly but they may adjust what you do receive from SS by what you received in WC.

So a few things to keep in mind:
(1) The type of WC award may affect whether or not it is offset from SSDI. So keep all records of the WC payment you received. Sometimes WC awards are paid out purely for medical expenses, others for lost income, or a combination thereof.
(2) You can spend the money you've received because it will just be deducted from SS if you are awarded SSDI.

If you are using a SS Attorney make sure he/she has all your WC award information. Make sure to point out the type of award in hopes that it will not be offset.

Does this help?
__________________
Rt&Lt thumb arthroplasty 2012 ; RT TKR & Bilat CTS 2011
Fusions: L5-S1 (87), L4-S1 (93), C5-C7 ('06), L3-S1 ('10)
C5-C7 foraminotomy 08

 
Old 10-04-2009, 07:37 PM   #4
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Re: Disability and Worker's Comp

I was told by my lawyer that as long as my Workers Comp is being paid they will reduce my SSD (if I am approved) so that I will only be receiving a TOTAL of 80% of my pre injury salary. As Spine mentioned, it depends on what your award is for...medical bills, lost wages, etc. The total $12,000 won't be considered in your SSD, but maybe a percentage of it. Your lawyer should be able to help you with this. Good luck!

Deb

 
Old 10-07-2009, 02:04 PM   #5
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Re: Disability and Worker's Comp

Quote:
Originally Posted by hessie28 View Post
I had a worker's comp case going before I filed for SSD. Neither atty. was sure how they handle any win. Is it deducted etc. That case went on almost 3 years. I filed in August 2006, went on temp disability in Sept. 2006 after Lumbar Fusion surgery, retired April 1 2007. Case settled March 2009. I worked for the State so that tells you why it took so long.

In March of 2009 my worker's comp case was dismissed under Section 20. That meant that neither party could prove their case. They awarded me $16,000 before Atty fees etc. I got about $12,000. I was told that money was free and clear and did not have to be added as income for tax purposes etc. It meant that there was no case.

So, I am wondering if that amount is going to be deducted from my back pay.

I'm already asking questions and still have to win the case. LOL

Thanks,
Kathy
Hi Kathy, Even though states are different with work comp, social security keeps their same rules. Please keep us updated on this.

I'm wondering if Social Security Disability will step in when one is awarded a work comp settlement ?

BeHappy2

 
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