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  1. #1
    Join Date
    Sep 2009
    Posts
    15

    Default Workers Comp and SSD Benefits

    My workers compensation claim was made in the State of: louisiana.


    I would like to know if anyone from Louisiana has had a problem with their ssd benefits being increased after workers comp has settled with them . My attorney said that after we settled my ssd would automatically be reset to what I should be getting and it's been months now and I am still receiving the offset but my workers comp case has been closed, all necessary papers have been taken to the social security office and my case worker says they have to review then adjust accordingly, any info would be greatly appreciated from someone that has been through this.

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

    Default Re: Workers Comp and SSD Benefits

    It can take months sometimes for SSA to recalculate your benefits.
    Because you settled, presumable by lump sum, does not mean your SSDI will increase... depends on the amount of PD indemnity you received, and the allocations.

    Hopefully, your attorney, and the carrier addressed the possibility of a MSA/Medicare Setaside Arrangement in the settlement documents.

    No settlement is complete until the documents have been submitted to CMS/Medicare.

  3. #3
    Join Date
    Sep 2009
    Posts
    15

    Default Re: Workers Comp and SSD Benefits

    Thank you bvia for the quick reply , I am asking this on my husbands behalf and don't understand much of any of this

  4. #4
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,959

    Default Re: Workers Comp and SSD Benefits

    Your settlement document should include some language designed to minimize the SSD offset. Look for it. It would have prorated your net settlment either over 500 future weeks or life expectancy. It will take SSA a while to recalculate the offset.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  5. #5
    Join Date
    Sep 2009
    Posts
    15

    Default Re: Workers Comp and SSD Benefits

    Thank you complwyr for your response ,

    ---------- Post added at 03:07 PM ---------- Previous post was at 02:36 PM ----------

    I just hope it doesn't take too long as we are having to live off of part of the settlement monies!!!

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