Workers comp settlement and SSD

Asked over 4 years ago - Watertown, NY

i recieve social security disability, and have a comp case if they settle for a lump sum do i have to give that money to social security

Attorney answers (3)

  1. Victor Fusco

    Contributor Level 10

    Answered . The same response as Mr. Paul Morgan's (below) would apply to NY law.

  2. Victor Fusco

    Contributor Level 10

    Answered . The same response as Mr. Paul Morgan's (below) would apply to NY law.

  3. Paul J. Morgan

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . No. But depending on your situation, social security may take an "offset" that effectively reduces your monthly ssdI payments. You need to have your attorney draft effective settlement language to reduce the offset's effect. If the settlement is low, you handle it one way and if it is high, you handle it another way. There should be an allocation in the work comp settlement for the interests of Medicare, if you are on that. Frankly, it is complicated and you need someone to tailor the settlement to take into consideration the SSA rules.

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