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  1. #1
    Join Date
    Dec 2009
    Posts
    6

    Default Recived SSA 1099

    A little info 1st. My w/c claim is in OR I`ve been to the IME`s and w/c is wanting to settle. I got an SSA 1099 today informing me of benefits paid for 2009 for $XXXX.XX As I have never received a penny from SS I have ????. I call SS and after much frustration caused by "automated system" a live person calls me back and without letting me hardly get a word in edgewise informs me the description of the $XXXX.XX reads workers comp offset and that I should be asking workers comp if I have any ???? about it. So I call w/c and find more frustration because w/c knows nothing of this. My understanding of the 1099 is that SS paid me $ and I need this 1099 for tax reasons. Anyone here got any insight?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Who Knows

    Appearantly you were approved for SSDI benefits (?)
    Between your WC benefits, and SSDI you cannot have income more than 80% of your pre injury wages. As you say you have not received benefits from SSDI, you have an offset to those benefits.

    When you receive SSDI, and WC... WC is a public assistance benefit. If you weren't receiving the comp, you would receive the full SSA/SSDI allowance. So, SSA looks at WC as it were "SSDI" . Thus the offset to your SSA benefit. Clear as mud ?... thought so. Everyone has the same response.
    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.
    http://www.socialsecurity.gov/pubs/10018.html
    Just so you know, very FEW people at SSA 800 number know anything about WC...and very FEW at the ER/IC know anything about SSA/SSDI.

    My understanding of the 1099 is that SS paid me $ and I need this 1099 for tax reasons.
    Typically, unless you have other income that would weigh in to cause a portion of your SSA/SSDI taxable, and you are single with over 25K, none of your SSDI or WC is taxable state or federal. The work sheet on the back of the 1099 provides this calculation.

    As to your comp settlement... As you are Medicare eligible within 30 months of a settlement that affects your medical benefits... you must address Medicare interests in the settlement. That may/could include a WCMSA/setaside arrangement. A proposal would be developed and submitted to CMS/Medicare for review...IF the triggers are there.
    Here is a chart that will help with that determination http://www.wcc.ne.gov/legal/medicare...guidelines.pdf

    There are a lot more issues with SSA/Medicare involvement when you close out a comp claim. You should make yourself fully familiar with these rules before you negotiate any settlement.

  3. #3
    Join Date
    Oct 2006
    Location
    ga
    Posts
    103

    Default Re: Who Knows

    I rec my 1099 from ssa today and boy was it wrong. I was approved for ssdi and got back pay and continuing benefits, that sum was correct. But, it also had a workers comp setaside for $xx,xxx.oo. SSA lady said it was money they had to pay back to WC because you can't rec both at same time. (I told her I know you can up to 80%) However,I have not rec any workers comp benefits for the past 3 years. After checking for some time the SSA lady said she had no idea in this world what was going on, nothing added up. My son also had rec $x,xxx.xx in backpay and a workers comp setaside was made for him for the same $x,xxx.xx. SS said they had to send it back to payment to be redone and could take 2+ months before I rec a new one.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Who Knows

    SSA lady said it was money they had to pay back to WC because you can't rec both at same time.
    Someone has misunderstood something here... there is no such thing as SSA sending any money back to WC or anyone else. It does not happen. Ever.

    There is an offset (not setaside) indicated on your SSA1099 because someone has provided SSA with that information. Otherwise, there would be no way for them to pick up those figures.
    SS said they had to send it back to payment to be redone and could take 2+ months before I rec a new one.
    If you don't have any other income that would cause a portion of your SSA/SSDI to be taxable, this doesn't have any bearing on you. Your benefits won't change. And, there could be a (slim maybe) possibility they have paid you in error, and more money could be owed to you. Depends on all of the numbers in your case. You'll just have to wait for the SSA audit. Could take several months.

  5. #5
    Join Date
    Oct 2006
    Location
    ga
    Posts
    103

    Default Re: Who Knows

    I don't feel as though the SSA owes me anything further in back pay, and I am rec monthly benefits. The 1099 shows a workmans comp offset for $xx,xxx.xx. I went over the 1099 line by line with SSA lady and she said the workmans comp offset was money they had to pay back to WC.
    Now I knew that was wrong, so we discussed it further. She accessed my award letter and saw there was a reduction in my SSA monthly amount for the first month only, 12/06 ( the last month of my WC payment).No other offset. No further information was available.
    I told her I knew I could get WC & SSDI up to 80%, if I were rec WC. She treid to figure things out but could not. As I said before my son's 1099 had a workmans comp offset as well for his total amount.
    We had very little earned income in 2009 as my spouse was totally disabled in 1/09. But when you add all our SSA income, his Veterans disability pension and devide by 2 we are over the limit and will have to pay. Won't we? Or does SSA, veterans count at all. It is confusing to me. Once the SSA changes the 1099 it will reduced by about half.
    Last edited by oldlady; 01-13-2010 at 06:35 PM.

  6. #6
    Join Date
    Aug 2007
    Posts
    179

    Default Re: Ssa 1099

    I just got off the phone with soc sec about my 1099.
    I was just approved for disability in dec 2009.
    Judge agreed it goes back to date of injury which was Dec 2006.
    All monies is marked offset for workers comp.
    Between monies received from WC and Social Security I am still under 80%.
    Then she said money was going to Medicare (which just became effective Jan 2010)
    I couldnt get a straight answer.
    I was also told I still owe 200.00 to Social Security for Medicare.

    Final answer " we don't do the calculations here you have to take all paperwork into an office.

    I was under the inpression I would be receiving a small amount at least from Social Security and why is the money going to Workers Comp offset before taking care of Medicare. All this has done was give me more bills.

    And does anyone know how the attorney gets paid if its all marked as offset?

    Hope this makes sense I am totally confused
    Any help or info is greatly appreciated.

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Ssa 1099

    SSA goes back to your date of entitlement/DOE to calcuate benefits due. When you are receiving WC benefits, those can be cause of offset to your SSDI benefit. As you have now seen. They take the information you and the ER/IC provide to determine your 80% max allowable income.

    SSA looks at WC benefits as the same dollars as the SSDI...for offset purposes. Since you were paid WC, you were paid SSDI for those dates.

    We can't tell here what your situation is... as everyones would be different based on their specific numbers on SSA/SSDI award, as well as the comp numbers.

    Make an appt with your local SSA office to go over the numbers with them, and get your questions resolved.

  8. #8
    Join Date
    Oct 2006
    Location
    ga
    Posts
    103

    Default Re: Ssa 1099

    Sooooo, what happens if you are awarded SSDI and rec back pay and continuing monthly benefit and then later on awarded WC benefits with back pay for the same time period? Will you be expected to pay back the SSDI or just the amount over the 80%? Or does SSA only stop the monthly benefit for the month you rec the WC backpay? This is so confusing!

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Ssa 1099

    If you are awarded back benefits, SSA will calculate the to 80% your max allowable income. The offset will come out of the back benefits due.
    IF you have already been paid the SSDI for the same overlaps... your monthly benefit will be stopped, or reduced until the overpayment has been satisfied. Or you can just write a check and pay them back. "NOT" likely in most cases.

    Between SSDI and WC together...you cannot exceed the 80% of your pre injury wages.

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