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I'm receiving a workers comp death benefit and want to apply for ssid. Does ssi offset death benefit?

Flushing, NY |

I was told by social security I have within 7 yrs of my husbands death to apply

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Attorney answers 3

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Posted

Yes there is a setoff. If you are talking about Social Security disability, there may be ways to reduce or eliminate the offset. But, for that, you should ask your workers' comp lawyer for some advice, or meet with an attorney who is familiar with both workers' comp and social security.

Sounds like you are seeking disabled widow's benefits - if you are between the age of 50 and 60 and your husband has not been deceased for mkore than 7 years you may qualify. It's the only benefit from SSA that has a 7 year rule.

This is more reason to meet with an attorney who does workers comp and Social Security - - to make sure you gtet good advice.

You may contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact your local legal aid office if you cannot afford an attorney.

You may also contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.

In addition, you can find a Board certified specialist in Social Security by contacting the National Board of Trial Advocacy. They evaluate lawyers (independently) in many types of claims and require extensive experience and testing before a lawyer is certified. They have a section specifically for Social Security: The National Board of Social Security Disability Advocacy, Divisions of the National Board of Legal Specialty Certification.

Their link is: http://www.nblsc.us/

The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

Posted

Please see my answer to your other posting of this question.

Jeremy Bordelon is a licensed attorney in the State of Tennessee only, and is authorized to practice in all Tennessee State and Federal courts, and before the Social Security Administration in any jurisdiction. The answers provided 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. In some jurisdictions, this answer may be construed as attorney advertising.

Posted

There can be an offset. You should definitely contact and attorney in your area who is familiar with both workers' compensation and SSDI who can advise you as to your specific situation.

Any answers provided to questions are for general information only and do not establish an attorney-client relationship. You should seek legal advice for your specific situation.

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