I am 62 on SS disability. If Iaccept a workers compensation settlement, will SS review my case and stop my disabilty checks?I have been on SS disability since 2003, I have since turned 62. I have never been reviewed by SS. If I accept a medical lump sum settlement by WC am I jeopardizing my disability? My attorney says it is unlikely that at 62 I would be reviewed, what is your opinion. Attorney answers (2)
Yes. The Social Security Administration will review your case and depending on the amount of the workers compensation settlement your social security disability benefits will be affected. There is a chance that all of your social security benefits will stop until the amount of the workers compensation settlement is exhausted. You need to know what your ACE is (thats your average current earnings number). You can call the social security administration to find out how your benefits will be affected. Your can also contact an attorney that handles workes compensation cases and include language in the workers compensation settlement agreement that will allow you to continue to collect social security benefits at a reduced rate. You also need to worry about your Medicare benefits. Medicare requires you to "protect their interests" when you settle the medical part of your workers compensation case. If medical remains open after the settlement then you are probably OK, but it is better for you to talk to a layer to make sure that the settlement is done right.
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Michael R Lee, licensed in South Carolina and North Carolina
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You may be reviewed which is whay you must use very specific language in the compromise and release agreement. That should prevent there being any change in the rate you are receiving. You cou7ld even possibly be entitled to more. I doubt your entitlment will change simply because you settled the WC claim. Please feel free to contact my office to discuss this in more detail.
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