You should consult with a local workers compensation attorney as this is a quite complicated area. You can search her eon Avvo or contact your local or state bar association for a referral to such an attorney.
There likely would be an offset (reduction) in one set of benefits or the other. Generally the offset is calculated based on either a worker’s average current earnings (ACE) or their time loss rate. The average current earnings are calculated based on the highest calendar year earnings of the worker divided by 12 to find an average month. The offset is then calculated by taking 80% of the ACE. That figure represents the maximum beyond which the combination of SSD and worker’s compensation benefits cannot exceed. Since a worker’s compensation cannot be reduced because of the offset, if that 80% figure is below the time loss rate, then the time loss rate will be used to calculate the “cap”. In that latter case all of the SSD benefits are subtracted from the time loss benefit and the worker receives no increase due to the entitlement to SSD benefits. Where the ACE is higher than the time loss rate, then the workers’ compensation benefits are reduced to the point where the SSD benefits plus the workers’ compensation benefits equal the ACE figure. In that case the worker receives more money than on workers’ compensation alone, but still at a reduced rate due to the social security offset. There are periodic cost of living adjustments provided, either yearly for those whose time loss rate is the basis for the offset or every three years if the ACE is the basis for the offset.
Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.
The attorney who can tell you is Howard Graham. He has a page on Avvo but he is incredibly modest and forgets to mention that he wrote the book (literally) on SSDI claims. If you contact him I have no doubt he'll provide you a consult and answer your questions. Hope this helps.
Using Avvo does not form an attorney client relationship.
Yes, you certainly can ask the Department for a pension if you are within the Statute of Limitations and/or you have an active claim in that realm. There will be an reduction, i.e., an offset, in the SSDI benefits.
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