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  1. #1
    Join Date
    Nov 2007
    Posts
    62

    Question Effect of Worker's Comp Settlement on Social Security Application

    My workers compensation claim was made in the State of: NY
    Just a quick note,I have cervical spondylosis so it is hard for me to stay on the computer (and other things) for any length of time.
    I went down to my local social security office to drop off some updated paperwork from my doctor for my SSDI case to be scanned into my electronic file. I have done this several times before but today the lady asked me a couple of questions, she asked if this was a Worker's Compensation case, I told her yes it was. Her next question was have I reached a settlement yet with the workmen's comp, I told her no not as of yet. She then told me to inform Social Security when I reach a settlement with the insurance company for the workmen's comp case.

    My question is will the settlement from the Worker's Compensation case have any effect on my social security disability case? Will they take money out of my Social Security disability case (if I win Social Security disability) because I am getting money from a workers compensation settlement? I thought I read on this board that the two are not related but I could be wrong and I could not find where I originally read this. Any help would be greatly appreciated, if you need to know more information please ask, I know there are still some uncertainty as to whether or not to receive Social Security disability income but I was just wondering in the past four or five times that I have been down to the Social Security administration office that I was never asked any of these questions before.
    Last edited by 1HURTINWORKER; 11-19-2008 at 10:07 AM. Reason: title should be quick question

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Quick

    "Your monthly Social Security disability benefits, including benefits payable to your family members, are added together with your workers’ compensation or other public disability payment.

    If the total amount of these benefits exceeds 80 percent of your average current earnings, the excess amount is deducted from your Social Security benefit."
    http://www.socialsecurity.gov/pubs/10018.html

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Quick

    As SH provided you are subject to the 80% rule, once you are awarded SSDI benefits.
    My question is will the settlement from the Worker's Compensation case have any effect on my social security disability case?
    You should educate yourself on the settlement process, as if you receive SSDI, you will be Medicare eligible within 30 months of any settlement.

    There are new laws going into effect next July 1st...and new mandates.
    So go here...http://www.workerscompensationinsura...ad.php?t=32283, and begin your 'reading assignment'... you'll no doubt have more questions...come back when you do.
    If the questions are SSDI/Medicare related, post in the "Disability Benefits" forum...

    Questions about your WC case should probably be in the New York forum...as the laws are state specific and you'll get more relevant responses...

  4. #4
    Join Date
    Nov 2007
    Posts
    62

    Default Re: Quick

    thanks for the links,it might take some time for me to read all of it but I do not have anything else to do

  5. #5
    Join Date
    Nov 2007
    Posts
    62

    Default Re: Effect of Worker's Comp Settlement on Social Security Application

    i cant find something about the 80% rule that I was reading about last week.It had the "formula" on how to figure out using the 80% rule and it had an example with numbers but I cant seem to find it even after doing a search.If anyone knows where it is could you please post the link,it was on here (this site) and it had WC income amount + SSDI =total SSDI after WC pay was figured in.thanks

  6. #6
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Lightbulb Re: Effect of Worker's Comp Settlement on Social Security Application

    Quote Quoting 1HURTINWORKER View Post
    i cant find something about the 80% rule that I was reading about last week.It had the "formula" on how to figure out using the 80% rule and it had an example with numbers but I cant seem to find it even after doing a search.If anyone knows where it is could you please post the link,it was on here (this site) and it had WC income amount + SSDI =total SSDI after WC pay was figured in.thanks
    Look at the link .SH provided above and read the page, I will post it below, incase you are confused click on it and read the entire page as it references the 80% rule, I just read it:
    click on the following: http://www.socialsecurity.gov/pubs/10018.html

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Effect of Worker's Comp Settlement on Social Security Application

    As everyones numbers will be different, you'll have to insert those yourself..

    Figuring the reduction
    Your monthly Social Security disability benefits, including benefits payable to your family members, are added together with your workers’ compensation or other public disability payment.

    If the total amount of these benefits exceeds 80 percent of your average current earnings, the excess amount is deducted from your Social Security benefit.

    Example: Before you became disabled your average current earnings were $4,000 a month. You, your spouse and your two children would be eligible to receive a total of $2,200 a month in Social Security disability benefits. However, you also receive $2,000 a month from workers’ compensation. Because the total amount of benefits you would receive ($4,200) is more than $3,200 (80 percent of your average current earnings), your family’s Social Security benefits will be reduced by $1,000.

    Your Social Security benefit will be reduced until the month you reach age 65 or the month your other benefits stop, whichever comes
    There are a few states however that allow for the ER/IC to take the offset vs SSA/SSDI..I don't recall if NY is one of those.
    Here is a site specific to NY,
    http://www.ultimatedisabilityguide.com/ny_ssdi_ssi.html

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