North Carolina Worker's Compensation - Help For Injured North Carolina Workers

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  1. #1
    Join Date
    Apr 2008
    Posts
    308

    Default Workers Comp and SSDI

    I understand that the benefits for workers comp and ssdi can be no more then 80% of your salary when you were injured. Actually I have recently found out that it is figured on the last 40 quarters of work. My question is this, if you were making $90,000 while working, the maximum you could recieve from workers comp and ssdi is $72,000 (80% of $90,000) or is their a maximum monthly amount you can receive. I receive about $3000.00 a month for w/c (ttd) and would be entitled to no more then $3400.00/ month for ssdi
    (for myself and minor dependents) that = $6400/month. Is there a maximum in the North Carolina?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Workers Comp and SSDI

    Actually I have recently found out that it is figured on the last 40 quarters of work.
    The amount of your SSDI benefits are based on the last 40 quarters...or 40 'points' of qualifying earnings...the last 10 years are used as traditionally those are your highest earning years...but they can actually take all of your working years to get the highest averages..

    The 80% rule also applies to the average wage of your last year worked, because this too is 'usually' the highest period of earnings...they can go back up to 5 years for this calculation.

    Keep the numbers seperate, even though it appears your WC case is the major basis of your calculations...
    SSA determines your maximum SSA/SSDI benefit entitlement... then they calculate the maximum amount of income you are entitled to...for you it would be $6000/mo...so your SSDI and TTD/TPD cannot amount to more than the $6K or there will be an offset to your SSDI benefits.

    So if your TTD is $3k, and the max is $6K your SSDI will be reduced to $3K to equal the max income per the 80% rule...If there are considerations for 'dependants', that would also be taken into the calculations.

    and would be entitled to no more then $3400.00/ month for ssdi
    Is that the max for your SSDI benefits...?
    Or, if your max is lower there may not be an offset..that is a possiblilty...
    When you are awarded SSDI benefits, you are basically taking an "early retirement'' from Social Security...so If your maximum benefits are $3400/mo that will be automatically reduced by more than 20%...depending on your age.( if your normal retirement age is 65, and you take SSA at 62, your regular/max SSA would be reduced by about 20%)

    SSA doesn't care where your income orginiates from, it doesn't matter that this is TTD/TPD/PDA's...or that you are on WC.
    They are only interested in the numbers that make up your calculations to the 80% rule...you max/min SSA/SSDI benefits will be based on the 40 points and your max years of qualifying earnings.

    Is there a maximum in the North Carolina?
    There are a few states that allow for the offset to be taken on the TTD/PD, and you'd receive your maximum benefits for SSA/SSDI..still calculating to the 80% rule.
    Go here for information on NC and SSA/SSDI...http://www.ultimatedisabilityguide.c..._ssdi_ssi.html

  3. #3
    Join Date
    Apr 2008
    Posts
    308

    Default Re: Workers Comp and SSDI

    Thank you for the information. The amounts I stated were taken from the social security statement that are mailed each year. I got those numbers under the "if you become disabled now" section.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Workers Comp and SSDI

    Quote Quoting RGN020157 View Post
    Thank you for the information. The amounts I stated were taken from the social security statement that are mailed each year. I got those numbers under the "if you become disabled now" section.
    That would be the maximum SSA/SSDI would pay you if you become disabled today...but you are also subject to the 80% rule..and since you receive ''other income'', the TTD/PD that must be included in your maximum allowable dollars.
    You aren't going to receive 100% from both SSDI and WC...

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