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  1. #1
    Join Date
    Jun 2019
    Location
    Bay area, CA
    Posts
    1

    Default Workers Comp Offset

    Curious if anyone here has, or have heard of anyone successfully appealing the Workers Comp offset payments from your SS Disability claim/award. I was originally told I would NEVER successfully win a SS claim to begin with......6 years later I most certainly did because I didn't stop. I understand the offset idea if and when you get those payments simultaneously, but there is about a two and half year gap when workers comp stopped. No doubt I may be preaching to the choir, but during the actual injury/surgery/recovery time, I pretty much lost everything. I already sent in the appeal with a detailed (but not obnoxiously long) letter describing what I did for a living, that I lost the career I loved. I included how it was implied that I should be less than truthful about my ability to work full time during my hearing. When the judge asked if I could work now, I stated that I could and that I had almost no residual issues from the injury. Everyone seemed surprised and I told the judge that I never started this process with the intent to 'work' the system. If it was something I had paid into and I had a right to, I would push through to try to rebuild. Sorry if it was a bit long winded for a question, just trying to cover it in a nutshell. Thanks for any feedback!

  2. #2
    Join Date
    Oct 1971
    Posts
    5,051

    Default Re: Workers Comp Offset

    cjeanette
    I was originally told I would NEVER successfully win a SS claim to begin with......6 years later I most certainly did because I didn't stop. I understand the offset idea if and when you get those payments simultaneously, but there is about a two and half year gap when workers comp stopped.
    This isn't about collecting both at the "same time" It's about collecting both for the "same period" even if you get paid ten years from now.
    You obviously won both the comp and SS case years later - If comp paid backpay for the time it stopped and you collected back pay from SS for that same period, they are entitled to the offset.
    These guys are pretty sharp, they rarely make mistakes.

    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.

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