My husband receives Workers Comp payments weekly. He was on SSDI prior to receiving his Settlement, so now SSDI is offset. His offset was the entire amount of his SSDI. He now recieves a 1099-SA every year saying he has to pay taxes on $16,402. Ca...
The basic rule taxes up to 50% of Social Security benefits if “provisional” income exceeds a certain base amount. There is a second tier where 85% of benefits are taxable where the provisional income exceeds a higher amount.
Where the workers’ comp offset applies and Social Security disability is reduced, the 1099 the petitioner claimant receives will INCLUDE the offset benefits for tax purposes. The practical effect is to convert non-taxable workers’ comp into potentially taxable Social Security. I.R. Code Section 86(d)(3).
Thompson v. IRS, TC Summary Opinion 2016-20, confirms that this provision makes all of the SS benefits that the beneficiary would have received, but for the WC offset, taxable.
But the offset ends at full retirement age which is between 65 and 67. You really should speak to your lawyer and accountant before terminating SSDI as it also generally comes with Medicare and annual cost of living adjustments.See question
of my neck result is 3 herniated discs and 2 bulging ones in my neck my neck is continuously clicking popping and grinding also, now I have cellulitis of both legs due to the scrapes I had sustained. From the f a I have ear ringing dizziness and h...
You absolutely need an attorney. The insurance company uses lawyers to advise them. Don't go it alone. Use the search function in avvo to find a certified attorney near you.See question
I received a workers comp lump sum settlement. I am currently on SSDI. The lump sum was paid out for work weeks prior to me being on SSDI. Will this lump sum payment cause a SS offset or no because was paid for weeks prior to being on SSDI?
As long as it is spelled out in the order that it is paid over a period of time prior to your SSDI entitlement date there is no offset.See question
I have been on SSDI for past three years. I recently settled with workers comp on a lump sum settlement. Prior to my being on SSDI I had also received a settlement which was based on my workplace injury. This most recent settlement is a case we...
If a weekly rate is not specified in the settlement order then SS will use the New Jersey rates in effect for the year of the accident to determine the offset.See question
post worker and I had a argument the worker slammed my left hand in the door and. I now have been in treatment for my left hand for about 7 months and have talked to the insurance company for compensation. They know I am seeking compensation for m...
There are strict time limits and notice requirements on suing the Post Office. Meet with a local attorney ASAPSee question
I sued a major supermarket chain and a major soda company after getting hurt from a motorized jack hit me as I came in the swinging back doors. I was an employee of a major food company. The reason I sued which was right before the two years was t...
Your attorney will be discussing the lien issue with the worker's comp carrier the same way he discusses it with you. Follow his advice. If the matter is already in suit and has been to mediation it appears that he feels it is worth pursuing. Also you can not just abandon the law suit if a worker's compensation lien is asserted.See question
My husband was verbally attacked by a customer at work. The customer was pointing his finger in my husband's face while screaming at the top of his lungs. The customer's intimidation caused my husband to have a heart attack. Unknown to my husb...
You should try to locate a certified attorney in your county. I know that are a few. Search Avvo. We don't use the term eggshell petitioner but the employer takes the petitioner as they are. The stress must have been objectively sufficient that normal person would have had a visceral reaction as well. Good luck and get an attorney ASAP.See question
Got hurt at work May 24th 2016 had surgery same day, did all my physical therapy and stuff like that. I had some problems with my workers comp people which I have all the documents and from the surgery I'm still in a lot of pain and my surgeon kee...
Use the AVVO search function to locate a workers compensation specialist near you. All of us who practice compensation law are well versed in medicine and can spot if a potential malpractice claim exists.
Be advised that a bad result does not equal malpractice.
I have a cleaning vendor that offers a much lower price and has provided certificates of general liability and workers comp. insurance but sometimes I see they are using their kids/family to help and people who may not be employees of theirs (peop...
The easy answer is anyone can be sued by anyone over anything. The real question is will they be successful.
To be liable in negligence they would have to be injured due to a dangerous condition of your property. Maryland does have a general contractor statute which makes the GC liable for workers comp if the subcontrator fails to carry coverage or it lapses. Your arrangement does not appear to fit neatly into that category though.
As long as you are covered with a general liability policy and a WC policy for your employees you should be fine. How ever you should have copies of any contractors comp policy in case you have a premium audit. Additionally most cleaners are bonded as they have unfettered access to your lease holders office space. Ask for a copy of the bond as well as copies of the cleaners current liability and workers comp policy.
Work Injury and received WC benefits for over two years. Suddenly being asked to attend IME. I had an IRE approx 1 year ago. Can they suddenly offer me light duty even if I'm considered disabled?
It becomes an inherent conflict as the 2 systems have different rules and standards. Workers Comp does does not have to accept Social Securities findings and vice versa. You need a specialist in comp. If you do not already have an attorney use the AVVO search function to locate someone close to you asap.See question