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  1. #1
    Join Date
    Feb 2008

    Default Settle Before or After SSI

    My workers compensation claim was made in the State of: Michigan.....I have been in this Joke of a system called Workers Comp for almost 4 years now. Of course Iím not going back to my $20 hour job and the vocational training isnít working out so hot here in the great unemployment state. I have a SSI hearing in October of this year. Is it better to try and settle my WC claim before or after the SSI hearing?

    Iím lawyer feels confident Iíll get the SSI due to my injury and depression.

  2. #2
    Join Date
    May 2008

    Default Re: Settle Before or After SSI

    my attorney told me to file 1st regardless of the settlement and if i got denied from ssdi, to let him know about it and he would make sure that he would make sure that i would get it. (well to a point) if you get my drift.

    anyway good luck and keep us updated

  3. #3
    Join Date
    Feb 2007

    Default Re: Settle Before or After SSI

    It doesn't matter when you settle the comp claim...if there is future medical treatment indicated, you will have to consider Medicare interests either way.

    Since you have applied, that triggers the need to consider a WCMSA/setaside arrangement, as you WILL be Medicare eligible with 30 months.

    With the new reporting rules under the MSPA/Medicare Secondary Payor Act, your comp claim will be reported to CMS/Medicare and tracked.

    Even if you don't need a formal WCMSA, you could still be required to have a setaside arrangement anyway. Medicare is always secondary to a 3rd party.

    You should also clarify the difference between SSI, and SSDI.
    SSI is asset based, and a lump sum settlement could adversly affect those benefits.

    SSDI is an 'insurance' you pay a premium for, and is not asset based... but there should be language in the settlement allocation defining a weekly benefit the indemnity is based on so as to avoid unnecessary offsets.

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