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How would a worker's compensation section 32 settlement effect my social security disability?

Albion, NY |

I am currently on worker's comp, and they have just recently offered me a section 32 settlement. I would like to know how this effects my social security disability?

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Attorney answers 2

Posted

Dear Madam or Sir:

The only way to tell is to go ask at the Social Security Administration; any other answer is just a guess. Asking doesn't cost you anything.

Good luck.

Leonard Feld

Posted

Mr. Feld probably has the best answer here - there are a whole lot of factors that go into figuring out how Social Security and worker's comp offset one another, including your income history, the amount you get in the worker's comp settlement, and how much your SS benefit is before any offset. Making things even more complicated, you live in New York, which is what we call a "reverse offset" state. In most states, what happens is that when you settle your worker's comp, Social Security does a calculation (based on the factors I mentioned above) and figures out how much to reduce your SS benefit, if at all. In reverse offset states like New York, though, they do it the other way around - the worker's comp gets to reduce your w/c amount by a portion of your Social Security benefit, based on similar calculations. I don't practice in New York, and I don't know all the details of your income and benefits, so I can't answer your question. Your worker's comp attorney or your social security attorney may be able to help, or you could just try asking SSA.

Please call our firm at 1-866-959-5362 if you would like to discuss your case in more detail. The answers I provide on Avvo.com are for information purposes only, and should not be relied on as legal advice. This answer does not create an attorney-client relationship between us.

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