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  1. #11
    Join Date
    Oct 1971
    Posts
    5,035

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

    Quote Quoting don napier View Post
    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.
    Remember the following:

    However, there are regulations around receiving these benefits in combination. For instance, Joe cannot receive more than 80% of his salary from Workers’ Compensation and SSD combined. If those two benefits added together equal more than 80%, then SSD will reduce the amount paid until the combined amount is 80% of Joe’s salary.
    The good news is that the amount received from Workers’ Compensation will not decrease.
    https://workerscompensationwatch.com...-workers-comp/

    Again, consult your lawyer before doing anything but I see no reason why you can't collect all three.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  2. #12
    Join Date
    Aug 2014
    Posts
    14

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

    Thx again buddy. I'm on the phone with Ssdi trying to get an estimate of the offset. I've been on hold for 50 min. Smh

  3. #13
    Join Date
    Dec 2009
    Posts
    61

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

    Don, With all due respect to Tony call your atty. before applying for your pension. Hopefully Tim Belt will respond soon. He is a premier Pa. W/C attorney.

  4. #14
    Join Date
    Oct 1971
    Posts
    5,035

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

    Quote Quoting laborer View Post
    Don, With all due respect to Tony call your atty. before applying for your pension. Hopefully Tim Belt will respond soon. He is a premier Pa. W/C attorney.
    I may be wrong but I could swear I've said that several times now.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #15
    Join Date
    Dec 2009
    Posts
    61

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

    You have, my apology.

  6. #16
    Join Date
    Aug 2014
    Posts
    14

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

    I will. Thx for all the help guys. Hopefully Tim will give his 2 cents

  7. #17
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,754

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

    Maybe I am missing something, but I don't see why there would be a SSDI offset due to you collecting the pension. Even if there was a complete offset, you are still eligible for SSD, which makes you eligible for Medicare. I don't see a scenario where giving up the pension makes sense.

    And the "80% of salary" idea is actually "80% of your 'average current earnings' ("ACE")" as calculated by the SS folks, so it may not exactly be your salary. In order to calculate the workers comp offset against SSDI with the most precision, you need to contact SSA and find out what figure they have in your file for your ACE.

    You may be able to extrapolate the ACE amount from your known offset if it is already being taken. Just convert the workers comp benefit to an average monthly benefit (52 time weekly check amount, divided by 12) and add that to the SSD check you get every month, before deductions, and the total will be 80% of your ACE, if SSD is already taking an offset.
    Last edited by complwyr; 01-31-2018 at 02:38 PM.
    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 and Board Certified Specialist in NC Workers' Compensation Law

  8. #18
    Join Date
    Aug 2014
    Posts
    14

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

    My current W C offset is 6885.00. 12=573. I am receiving 1740 a month ssdi. So say 2300 a month is 80% of my ACE. I am already on Medicare. My W C is 2100 a month and my pension would be an additional 2100 a month. If I can collect all 3 without further offsets I'm looking at 5900 a month. I'd rather have that than the 100 grand they are offering me. I'm trying contact Social security to see if my pension will cause more off an offset. I was on hold for an hour today.

  9. #19
    Join Date
    Dec 2009
    Posts
    61

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

    Don, Here is what I was told by my Pa. atty. over 9 years ago. You cannot collect your pension along with SSDI and W/C. If you chose to collect your pension it will offset your W/C, not SSDI. He said that by taking my pension I would by Pennsylvania law be removing myself from the workforce. My employer would no longer be liable for W/C payments because I retired and gave up my rights to W/C. I wonder if airdale, who said he was collecting all three maybe receiving a pension from a source other than the one he has his W/C claim with. This could possibly explain how he's getting all three, either way you would have to lie on the forms sent to you every six months by the I/C. If it is possible to collect all three, I have a very BIG problem with my atty.

  10. #20
    Join Date
    Aug 2014
    Posts
    14

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

    Laborer ,I've been retired since Aug 2015. I was to be terminated 1 yr after my start,of W C. I stated in writing that due to my Work related injury and my pending termination I an voluntarily retiring the day before I was to be terminated. So being retired for 2 1/2 yrs Had no impact on my W C ,I'm still getting pAid.

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