Will my SSD back pay starting Dec 2011, after 5 months , be offsetted for the WComp settlement....my workers chomp was from NC as I worked in NC and live in VA.
I have practiced WC and SS Law in Virginia for 35 years. Whether you settled your case in VA or NC your lawyer should have included "lifetime proration" language to avoid a future reduction in a Social Security Disability benefit. If you or your WC Lawyer did not do this, then you could face a reduction in your SS benefit. The SSA if there is not lifetime proration will divide the $20,000.00 by your weekly comp rate and assume the $20,000.00 was paid on a weekly basis. If those weeks overlap with your SS monthly benefit your SS check will be reduced for each month there is an overlap. Normally, the SSA will not allow one to go back and amend the settlement documents to insert a lifetime proration if one was left out. Good luck to you.
This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.
If your attorney failed to include spread language in your settlement, the offset will apply.
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You need to check with an attorney in your state Each state is different in how this applies. Here there would be no offset because work comp gets the offset not ss so if you did not have an atty for your workers comp case check with one in the state that you settled the case in
Workers' Compensation Lawyer
As your settlement was in NC you will need to speak to a NC workers' compensation attorney about ways to revise your settlement documents to include language that may help you with SSDIB. Otherwise Social Security will take an offset for your settlement.
I practice work comp law in NC. I agree with the answer provided by Mr. Lutkenhaus. Your attorney could have put the offset language in the clincher agreement. But, if he didn't it may still not make much difference, if the settlement amount is eaten up on a weekly basis during the SSD waiting period. It is hard to know the answer without more specific facts.
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.