I had a on the job injury in 2005 had back surgery in 2006 and received a workers comp settlement "$60,000" then went back to work on a different job and been working ever since until 2013 when I had to file for ssdi from back pain.will me getting the workers comp settlement from 2006 affect my ssdi? Also I never received anymore workers comp other than that one time in 2006.thanks
It's possible but unlikely. You need to give Social Security and copy of your settlement documents, usually your Compromise and Release and the Order Approving the C&R. Once the settlement is prorated out, it will probably not overlap your current benefits and therefore could have no impact on your current award of benefits. If an attorney helped you with your claim, he/she should be able to look at the specific numbers for your case and give you a more precise answer.
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I agree with Ms. Kellman. The proration of the Worker's Comp. lump some settlement will be key. If it stretches out to include any months where you later received SSD benefits, and if the combined amounts are greater than 80% of your "average monthly earnings", and there could be an offset. Could be very small though.
Stephanie O. Joy, Esq., of JoyDisability, is an attorney licensed in New Jersey, but currently practicing federal Social Security Disability law in all 50 states from her PA office. JoyDisability also provides pre-CDR services exclusive of representation and consultations on non-disability matters, including retirement issues . Answers to questions HERE, however, are for general purposes only.
Yes it can. Find yourself a good social security lawyer..
No attorney client relationship has been formed until you sign a representation agreement.
What was your "compensation rate" in the 2006 settlement? Divide the settlement amount by the compensation and the result is the number of weeks of compensation that the settlement represents. For instance, if your comp rate was $300, then $60,000 divided by $300 = 200 weeks. That is a little less than four years. Four years from the 2006 settlement puts you into 2010. You went on SS Disability in 2013. A really low comp rate, say, $125, could certainly put your "comp payments" into 2013.
This answer is intended as general information and not as specific legal advice.
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