New York Worker's Compensation - Help For Injured New York Workers

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  1. #1
    mitch1063 Guest

    Default Workers Comp and SSD

    I'm currently getting Workers Compensation $200 a week, $800 for the month. I applied for SSD about a year ago.

    My question is lets say I get the SSD it was figured I would get $1575 a month. Would I also get the workers compensation on top of that or will my SSD payments be reduced by what ever my workers comp payment is, and end up with $1575 both checks together? $800 workers comp and $775 SSD

    Also If the answer is all together then if would take the lump sum at the finial hearing for workers comp and no payments for the rest of my life with workers comp and end up with $54,000 will my SSD be effected?

  2. #2
    Join Date
    Aug 1972
    Posts
    102

    Default

    Mitch,
    You should continue to receive your full WC amount but your SSD will take and offset so you will not get the full amount from SSD. How much they will offset I can't answer. I get both and that is how mine works. I hope this is of some help to you. Have you already applied for SSD? If not, I am sure you know most people get denied the first time they apply, but keep fighting it.....if you qualify you will eventually win your SSD. Good luck to you!
    MJC

  3. #3
    mitch1063 Guest

    Default

    yes I did apply a little under a year and a half ago with my wife. she applied for ssi and I for ssi and ssd I was turned down about 2 months after appling and my wife got ssi. I hired a law firm and they have taken over the case about a year ago and now its before the judge on a ruling.
    Workers Comp ruled me as part perm disabled and my laywer is waiting on the ssd outcome.
    this is why all the questions on Benifits and should I do this or that.
    I know its a while away but I don't want to have to scramble later for the info.

    From what people are telling me. Correct me if I'm wrong since this is third party.
    If I take payments for the rest of my life or until I'm no longer disabled.
    I'm aloud up to 80% of what my last 5 years of work averaged out to so if that came to $24,800 80% of that would be about $19.860 and div by 12 mounts that would be about $2,333 a month $1,665
    I get $800 in workers comp so $1,665 - $800 I would get a $855 SSD check and a $800 W/C Check

    and if I take a lump sum then they will figure out how long it would take me to spend the money before I would get any benifits.

    Anyone?

  4. #4
    Join Date
    Aug 1972
    Posts
    102

    Default

    Mitch,
    Your figures may be somewhere in the ball park but for the sake of me I just can't remember how much percentage the offset was with WC and SSD. I can say this, my income is what I was making at the time of my accident between WC and SSD. Also, when you file taxes, the WC money is tax free and with SSD you have to have collected a certain amount in a years time from SSD before having to file a tax return.

    A warning about lump sum payments from WC and SSD. When you take a lump sum from WC there should be an amount figured in for future medical is you close medical when you settle. What SSD will do before they allow you to use Medicare Ins. is make sure you have used up all funds from you settlement before they will allow anything to be paid by Medicare regarding medical toward you injury. So, be sure you keep good records of what you spend for medical regarding your injury problems. Believe me, SS will ask for solid proof of those records and if you don't have them you will not be given credit for what you have spent. In a persons case I know SSD took an offset from his settlement and he did not collect his full amount from SSD because of the settlement therefore his monthly payments were decreased. As of today, they are still with-holding some of his monthly SSD check for the offset. Just be sure to ask your lawyer to explain all that regarding SSD and offsets from settlements regarding your income with SSD if you are considering a settlement.

    I hope this will shed a bit of light on your situation as it can be very complicated. Life is complicated enough when we are in this condition....not to talk about how our understanding of things change and memory loss due to medications that we have to be on to tolerate the pain we live with. Also, I am not sure about your lawyer but it is good to have a lawyer that specializes in SS. My best wishes to you and your wife....Good Luck.
    MJC

  5. #5
    robert Guest

    Default

    I received a lump sum from ssd it went back to march 2003 so I received 6 months $1640.00 for 2003 and all of 2004 just did my taxes and owe $6,500 dollars is their any way to reduce this tax payment I also receive a pension of $999 and $380 of it to pay for medical for my wife HELP

  6. #6
    just Guest

    Default

    Harvey - Your social security DISABILITY payments are not taxable. Certain other disability payments such as workers' compensation, etc. are not taxable. These are exempt at the federal level.

    However, check your state, local and city laws, they may be different. Good Luck.

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