Almost 4 Years on Comp. Low Ball Settlement Offer from Sedgewick

[don napier]

I had a total shoulder replacement in August of 14. In February of 15 I applied for ssdi and was approved. I'm receiving W Comp and Ssdi. I also have a pension that I can take but my atty said settle first as it will effect my settlement amount. Because I'm on Medicare now I need a Medicare set aside this seems to be complicating things. I will need a new shoulder in 10 yrs. My question is as I am divorced my pension dies with me unless I am collecting it. Would it be wise to start collecting all 3? I know there is an off set but I'm tired if playing games with Sedgwick. I can collect all 3 with the new laws till I'm dead. Is there any way to figure out the offset?

Btw my pension is 100 % company funded. My pension would be 2200,a month. My comp is about the same. Can the whole amount be offset? ,,

[tony]

don napier

my pension is 100 % company funded. My pension would be 2200,a month. My comp is about the same. Can the whole amount be offset? ,,

If you worked a job in the private market where social security taxes where withheld from your pay, there won't be an offset.
There will still be a small reduction for your worker comp though - your comp plus your SSDI benefit can't exceed 80% of your pre-injury AWW.
Below will explain.

Your Pension and Social Security Benefits
Receiving a Private Pension
If you worked only in jobs for which you were covered by Social Security and your employers withheld Social Security taxes from your paycheck, your pension payments won't have any effect on your Social Security benefits. You can receive your full Social Security benefit and your full pension without penalty.
Receiving a Public Pension
If you earned a public pension, the Windfall Elimination Provision or Government Pension Offset may affect your benefits. Each rule is described below.
http://socialsecurity.findlaw.com/so...-benefits.html

How Workers' Compensation Benefits Offset Social Security Disability Payments
Applicable Limit (Maximum Amount of Benefits)
The applicable limit is the higher of either:
80% of the worker's pre-injury income, called “average current earnings,” or
the total amount of SSDI received by all of the members of the recipient's family in the first month that worker’s compensation is received, called the “total family benefit.”
For most SSDI recipients, the 80% of earnings figure will be higher, and Social Security will use that figure in the offset calculation.
http://www.disabilitysecrets.com/res...s-offset-socia

How Workers’ Compensation And Other Disability Payments May Affect Your Benefit
https://www.ssa.gov/pubs/EN-05-10018.pdf

Tony

[don napier]

Thx For Responding Tony ,,,,my ssdi is already offset around 400 a month. I worked for Fed Ex and my pension is 100% company funded. I'm worried about the comp being offset by my pension. Are you saying it won't be effected?

[laborer]

Don, Here is my experience. My comp rate and my pension are also close to the same amount. I'm also collecting SSDI. Due to the 80% rule, you will be able to collect either your pension or W/C. You will not be able to get all three. I prefer to collect W/C and not my pension because I know it pisses my employer off. They deserve it for the way I was treated. By the way your being treated by the I/C you should consider it also.

[tony]

Thx For Responding Tony ,,,,my ssdi is already offset around 400 a month. I worked for Fed Ex and my pension is 100% company funded. I'm worried about the comp being offset by my pension. Are you saying it won't be effected?

Possibly, read through the above rules and see what applies.
Is Fed EX a federal employer?
If so the Windfall Elimination Provision or Government Pension Offset may affect your benefits

That offset sounds high - be sure to have language put into the settlement that the amount is for a lifetime to reduce the offset.
You need to consult your attorney before deciding anything - he knows the details of your claim.
Hopefully Tim Belt will weigh in and shine some light on this topic.

Tony

[airdale]

Don, Here is my experience. My comp rate and my pension are also close to the same amount. I'm also collecting SSDI. Due to the 80% rule, you will be able to collect either your pension or W/C. You will not be able to get all three. I prefer to collect W/C and not my pension because I know it pisses my employer off. They deserve it for the way I was treated. By the way your being treated by the I/C you should consider it also.

I had no problems getting my pension nor did it effect WC/or SSDI......If I didnt claim my pension I would not of been able to pay bills for 8 years.

[tony]

This thread started asking about the S.S offset and has now evolved into can someone claim all three - Workers’ Compensation, Social Security Disability and a pension.
The answer is yes, you can collect all three, one doesn't eliminate the other.
Here's a good blog on this topic.

Can I Collect Social Security, A Pension AND Workers’ Comp?
QUESTION: IF I AM GETTING SOCIAL SECURITY DISABILITY (SSD) AS WELL AS A PENSION DOES THAT MEAN I CANNOT GET WORKERS’ COMPENSATION AS WELL?
ANSWER: YOU CAN GET STILL GET WORKERS’ COMPENSATION WHEN YOU ARE RECEIVING A PENSION AND SSD.
File, Joe! File!! The combination of Workers’ Compensation, Social Security Disability and a pension is called the Trifecta, a Triple Crown of benefits, so to speak. And receiving one of those benefits does not preclude receiving another. So even though Joe would be receiving SSD and his pension, it wouldn’t make him ineligible for Workers’ Compensation.
https://workerscompensationwatch.com...-workers-comp/

Tony

[don napier]

Fed Ex is a private Company. If I can't collect all 3 I would be foolish not to settle even though the offer is insulting. I'm not leaving money on the table. I read the rules Tony I'm still confused. I appreciate everyone's input. Laborer you said you do collect all 3?

[tony]

Fed Ex is a private Company. If I can't collect all 3 I would be foolish not to settle even though the offer is insulting. I'm not leaving money on the table. I read the rules Tony I'm still confused. I appreciate everyone's input. Laborer you said you do collect all 3?

If you worked for a private company and they withheld social security taxes, I'd say you qualify, apply and see what happens - you have nothing to lose and everything to gain.

Tony

[don napier]

Thanks Tony. That last post was very helpful. If I can collect all 3 I will. Although my ssdi will be offset again in the long run it will pay off. Plus Sedgwick could still make an offer to settle. The Trifecta of benefits. I like the sound of that. Lol.