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  1. #1
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    Feb 2007
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    Question Family SSDI Benefits

    My workers compensation claim was made in the State of: NY

    If receiving family SSDI benefits and a child age 16 works part time while in school is there a certain amount of money the child earns which may start reducing the child's cash benefits, similar to the ticket to work adult program?
    Last edited by Q-man; 12-03-2010 at 10:38 PM. Reason: spelling.
    Knowledge is a beneficial tool for the injured worker!

  2. #2
    Join Date
    Feb 2007
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    Calif
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    Default Re: Family SSDI Benefits

    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 80 percent of your average current earnings ($3,200), your family’s Social Security benefits will be reduced by $1,000.

    http://www.socialsecurity.gov/pubs/10018.html
    "You" are your "family"... so yes, the income of your dependants/family members would affect your total SSDI/WC total.

  3. #3
    Join Date
    Mar 2007
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    Georgia
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    Default Re: Family SSDI Benefits

    BIVA, when did SSA change the rules in regard to a child's income off setting the SSDI payments? I am just curious and I am NOT challenging your reply to Q-man. I know from history you keep current with these issues. At one time I also kept up with it all but the last several months I have been in such a state that my attitude toward it all has turned to a bucket of crap.

    These income/off-set rules must have changed since our son was paid on his dad's SSDI account. We were NOT required to report any of his income, per SSA when I contacted them with the same concern as Q-man.

    At that time a minor child was allowed to have earned income, of what ever amount, (I was told there was NO limit for his income), that did NOT offset his SSDI dependent beneficiary payments. Also NONE of my income counted against their benefits as I was NOT receiving any spousal benefits due to my age, the age of our dependent child, and at that time my ability to work.

    The only time they were penalized for my income was during the 5 month waiting period for their benefits to start. We actually qualified for SSI payments for them and there was a small off-set for my salary.

    During part of that time I was out on medical leave for 15 months. Long after the fact, (As is the norm with the denials, appeals, etc...), the SSA actually qualified me for a closed period of disability and I did get a back payment for 12 of the months I was out on leave and unable to do any type of work. The ALJ added the first two months after I returned to work as a trial attempt to work period.

    After a 30 day waiting period I had a STD policy and then after six month my LTD policy through work paid part of my lost wages. Due to the fact it was a private disability company that was paying and not WC, nor any other form of public based disability payments, I was entitled to keep the entire back pay from SSDI.

    Personally I don't see any difference as to where the disability money comes from and IMO WC payments should NOT affect the SSDI amount. I understand the "double dipping theory" but IMO anyone worth their salt would NOT sit on their butt and NOT work due to having enough income to scrap by on, IF they are lucky.

    I am sure there are some people that would milk it for all it was worth. I do however, believe that the majority of hard working Americans are like myself and would a billion times rather be working than not. The injuries I have endured are NOT exactly what I would qualify as fun and the massive hit to my self esteem has changed me from what was once a very positive hard working go getter to a tub of jello at best, most days. There is NO amount of money in this world that could come close to compensating me for what I have lost due to this injury and subsequent mess that comes along with it.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  4. #4
    Join Date
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    Calif
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    Default Re: Family SSDI Benefits

    ... not WC, nor any other form of public based disability payments, I
    Don't worry about a challenge Steele...
    The difference here appears to be the WC benefits.
    ONLY SSDI and WC or other public disability benefits affect the SSDI and are contributory to the 80% rule offsets.

    Personally I don't see any difference as to where the disability money comes from and IMO WC payments should NOT affect the SSDI amount. I understand the "double dipping theory" but IMO anyone worth their salt would NOT sit on their butt and NOT work due to having enough income to scrap by on, IF they are lucky.
    I agree with you...however, the underlying prinicple is, that you cannot "earn" more income being disabled than you were "earning" while working. WC is wage replacement... not disability as your STD/LTD policy is/was... and, depending on who paid the premiums on STD/LTD, that income may or may not be taxable.
    There are all kinds of possibilities in any given situation... yet another reason responses on any message board cannot be specific to one IWs question.

  5. #5
    Join Date
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    Georgia
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    Default Re: Family SSDI Benefits

    Thank you for the reply BiVA I didn't intend to high jack Q-man's post. I just haven't posted on here in a while and it looks like many things have changed. I appreciate your addressing my specific ?'s, / comments. Is there a time frame that you are aware of that SSA changed their criteria concerning the OP's original ? about the dependents earned income counting against their SSDI benefits creating yet another off set of the SSDI besides what the WC already does? That I believe was what he was asking. I could be wrong but that is what I understood his question to be NOT his WC income but the dependent childs earned income.

    Again back when my family had a very similar situation our son's income did NOT count toward the SSDI being off set. The SSA told me that as a minor dependent he could basically make as much money as he could/wanted to and it would NOT affect his SSDI benefit as it was his father that was disabled. As we should all know any earned income of a disabled beneficiary affects both the WC AND SSDI in an amount that varies depending on IF the WC is at the state max and IF the beneficiary of the SSDI is the one earning the money. For instance last year up to $1,000/mo was exempt from altering the SSDI benefit amount. Where we did not get a COLA, again for this year, (GURRHHHH), my answer to Q-man would still be his child's earned income should NOT count against the SSDI and an offset be taken from the total family benefit amount.

    I will attempt to get to the SSA website tonight or tomorrow and see IF they have any new or different information than it was in 2003-2006 when it was applicable for my family. The big difference here is WC was NOT involved for my husband's disability as it is for Q-man.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  6. #6
    Join Date
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    Calif
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    Default Re: Family SSDI Benefits

    As the board is geared to WC, I assumed the question is regarding SSDI and WC where there are offsets.

    Other non WC issues where SSDI is concerned would not be relative here...
    Q man is on WC, and receives SSDI as well...so are members of his family...dependents receiving a portion of his SSDI. ALL of the family receiving SSDI are under that same umbrella

    SSA has not changed that rule.
    As we should all know any earned income of a disabled beneficiary affects both the WC AND SSDI in an amount that varies depending on IF the WC is at the state max and IF the beneficiary of the SSDI is the one earning the money. For instance last year up to $1,000/mo was exempt from altering the SSDI benefit amount.
    I think there is some confusion there... the 1000/month is 'earned income' would be relative to the SSDI...that is NOT relative to WC. THere is no "exemption" or min/max WC rate that affects SSDI.
    The big difference here is WC was NOT involved for my husband's disability as it is for Q-man
    That IS the difference.
    If you are not receivng WC or other public disability benefits you are not subbject to the offsets caused by the 80% rule.

    WC and SSA/SSDI are completely seperate benefit systems and are not related EXCEPT where WC benefits contribute to the monthly income.

    Then and ONLY then would dependant/family income be subject to offsets.

  7. #7
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    Default Re: Family SSDI Benefits

    BvIA, has the correct facts pertaining to my question as he has been of assistance for me since I've been a member of this forum. The reason why I asked the question was, I'm somewhat confused because WC being involved and this being the first year a family member was working.
    SteelMagnolia, don't worry about joining into the conversation as you know that this is what this sort of forum is here for to answer questions we may have and be of assistance to others, and I can relate to being in a frustrated funk and being out of touch too. With what I can offer to this board as a IW who will probably be a WC/SSDI receipitant for the rest of my life is some non legal basic answers to some of the simple questions which may arise from those who are just starting out as an IW like we all were once, and who knows someone may read this question and have an answer without having to research and hopefully relieve some of their stress.
    I also enjoy that this board is professionally run without any child like antics as I've saw on other boards prior to discovering this one, and a big thank you to who ever (Tony) is running it!!
    Last edited by Q-man; 12-04-2010 at 10:29 PM. Reason: add a word
    Knowledge is a beneficial tool for the injured worker!

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