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Workers comp settlement and SSD

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. 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.


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


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

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