I was told by social security I have within 7 yrs of my husbands death to apply
Workers' Compensation Lawyer
SSD is not offset for personal injury benefits but is offset for workers compensation if the combination of you monthly SSD benefits plus your monthly workers compensation checks exceed an amount established for you, as a threshold.
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Workers' Compensation Lawyer
You should really get a Social Security Attorney to assist you in working out the math.
We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.
Social Security Lawyers
Yes there is a setoff. Idf you are talkin\g about Social Security disability, there may be ways to reduce or eliminate the offset. But, for that, you should ask your workers' comp lawyer for some advice, or meet with an attorney who is familiar with both workers' comp and social security.
Sounds like you are seeking disabled widow's benefits - if you are between the age of 50 and 60 and your husband has not been deceased for mkore than 7 years you may qualify. It's the only benefit from SSA that has a 7 year rule.
This is more reason to meet with an attorney who does workers comp and Social Security - - to make sure you gtet good advice.
You may contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact your local legal aid office if you cannot afford an attorney.
You may also contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.
In addition, you can find a Board certified specialist in Social Security by contacting the National Board of Trial Advocacy. They evaluate lawyers (independently) in many types of claims and require extensive experience and testing before a lawyer is certified. They have a section specifically for Social Security: The National Board of Social Security Disability Advocacy, Divisions of the National Board of Legal Specialty Certification.
Their link is: http://www.nblsc.us/
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Technically, the offset that Social Security usually applies for worker's comp benefits does not apply if it's a widow making a claim for SSDI benefits based on her husband's work record. However, because these worker's comp benefits are a death benefit, and are also based on your husband's work record, they might find it should apply anyway. In any case, I recommend you speak with a local Social Security attorney who can look into all the specifics of your situation. One thing it may help to know is this, though - you don't have to apply within 7 years of your husband's death, necessarily. The rule is that you have to have been disabled since before his death, or become disabled within 7 years after, and you have to be at least 50 years old. If you wait until, say, 8 years after your husband's death to file the application, but you can prove you were disabled within 7 years of his death, then you're OK. Applying sooner rather than later is a good idea, though, in any case.
Jeremy Bordelon is a licensed attorney in the State of Tennessee only, and is authorized to practice in all Tennessee State and Federal courts, and before the Social Security Administration in any jurisdiction. The answers provided on Avvo.com are for information purposes only, and should not be relied on as legal advice. This answer does not create an attorney-client relationship between us. In some jurisdictions, this answer may be construed as attorney advertising.
I agree with my colleagues, you should contact a lawyer specializing in Social Security Law. The Workers' Compensation death benefit is something that the attorney handling the Social Security matter should be able to rectify. Counsel above gave a couple of very good resources to help you find an attorney. I am sorry for your loss and wish you the best of luck.
David B. Snyder, Esq.
6876 Buckley Road
Syracuse, NY 13212
Mr. Snyder is licensed to practice in New York and does not offer legal advice in other states. This answer is meant to be a public service and not an attempt to solicit business. Moreover, my answer cannot be considered a legal opinion of your case / inquiry. Unless I am retained in a matter and have completed a full investigation of the underlying facts and law, I cannot give an opinion on which to rely. Furthermore, unless your matter concerns New York law, I am not licensed to practice or give specific legal advice in your state.