Why is Workers Compensation deducted from my SSD lump sum Payment?

Asked almost 2 years ago - Middletown, CA

It's been about 2 yrs since I was accepted for SSD, at that time my son was 16 was under my care & living with me, he also received partial SSD payments. I have been arguing with SSD because when they paid me a lump sum, after hiring "Binder & Binder" they with drew from the total check about $9,000. for "Workers Compensation" for both my son & myself,
I did have a prior W.C, however when that was settled EDD made me pay back an over payment of about $5,000. which I never understood, and then when I finally received SSD, they took it out again. I am getting no where speaking with SSD, or Binder & Binder they say they have nothing to do with the W.C, and when I contact my W.C. atty. She says it's no longer in her hands.
I feel this is a mistake, and can really use the help & the money.

Attorney answers (3)

  1. George Ellis Corson IV

    Contributor Level 20

    4

    Lawyers agree

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    Answered . It is not a mistake. SS will take credit for the TTD/PD payments that you received for the same period of time. EDD took reimbursement for what they paid you above your WC entitlement. In the end, you will generally get whatever you were entitled to from SS alone, less your TTD/PD/EDD payments for the same days. It is not exactly that simple, but those are the broad strokes. There is a POSSIBILITY that there is duplicate credit for the EDD payments which were already reimbursed, but would require someone to actually run the numbers. The B&B people should coordinate with your prior WC Attorney to figure it out. Whether that happens is up to you and them.

    We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your... more
  2. David J. McCormick

    Contributor Level 20

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    Lawyers agree

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    Answered . California is a reverse offset state, which means that the worker’s comp. carrier is entitled to take an offset or credit for your social security benefits NOT social security. IO could contact the firm you mentioned because it appears that the money may have been taken in error. If they do not respond to you, then I would call your local SS office and start from scratch with a local person. IF no luck, then contact a local social security attorney.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  3. Brett A. Borah

    Contributor Level 20

    4

    Lawyers agree

    Answered . I agree with Mr. McCormick and Mr. Corson. I wouldn't count on B&B to help you with this problem but maybe your workers' comp lawyer can mitigate the damage for you. Talk to him. If you don't have a w.c. attorney....get one!

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