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Can my workers comp settlement increase or affect my social security disability

Altamonte Springs, FL |

I file SSD a month after i file for my workers comp injury and was reward and started to receive SSD Benefits first , but have not receive no lost wages yet from workers comp from my injury. i am receiving only medical benefits at the moment. also i collected Unemployment benefits because i was terminated because of the claim.

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Posted

You need to sit down with and experienced workers compensation attorney who also handles social security claims. There will be an offset for SSDI benefits received and Florida is a reverse offset state. That means the workers compensation carrier gets to offset the amount above the combined 80% of both comp and SSDI benefits you receive each month as mentioned above. Now, if you believe your work related injury is severe enough to cause you to file a claim for SSDI, then you might also have a claim for permanent total disability for your work related injury. That could mean you will get both SSDI and bi-weekly workers compensation checks. In addition, if your injury was caused by the negligence of someone else, then you might have a personal injury claim. All of these issues need to be discussed with you in a private consultation. There is too much at stake for you to go it alone. I handle catastrophic cases all over the state of Florida and would be happy to meet with you to discuss you potential claims. Good luck.

Chadwick J. Lawrence, Esq. Orlando, Stuart and Tampa Av rated by Martindale-Hubble, Superb AVVO www.thelawrencelawfirm.com

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Posted

You should speak to myself or someone else local who does workers compensation. All kind of issues, offsets, PTD, medicare set asides to be concerned with. Too much to go it alone at this point. You've done well if you have gone this far without the assistance of counsel.

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Posted

See a knowledgeable SSD attorney about this. My understanding of the general rule with SSD is that workers' comp wages + SSD can only equal 80% of your prior earnings amount. So, I would expect that you will get some sort of reduction in SSD once the comp indemnity benefits start. When you settle or wash out your comp claim, part of that settlement might be future indemnity (wages); so factor that in.
Go to the Social Security website for a lot more info; and then sit down with a knowledgeable SSD attorney.

Dennis Phillips is an attorney and financial planner based in South Florida. He is a member of the Florida bar, he holds the nation-wide Series 65 Investment Advisor license, and holds an insurance license in Florida and Virginia. Disclaimer: The response above is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, would significantly alter the above response.

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Posted

Your worker's compensation benefits in periodic payments and lump-sum settlement will be taken into consideration when your Social Security retroactive benefits are calculated, and the offset can be dramatic and most unwelcome. The impact can be softened considerably with certain language in your WC lump sum agreement. Retain counsel familiar with the "offset issue" without further delay.

Best wishes for an outcome you can accept, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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Posted

In my state work comp gets to offset 50 percent of ssdi received so check with a workers comp attorney in fla to see how its handled there

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Posted

You have a lot of complex issues here and would benefit from having a workers' comp lawyer help you. You cannot draw unemployment and SSDI for the same time periods, as you would not be eligible for both benefits for the same time period. A workers' comp lawyer can minimize the SSDI offset in a work comp lump sum settlement by putting special language in the settlement. But the fact you are on SSDI also raises the Medicare Set Aside Trust Account issue. Again, you need a lawyer to help you navigate all these complications. Good luck.

This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.

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