When signing the agreement, the mediator read me the amount of the settlement, and then said, the rest of this stuff is just legal mumbo jumbo. The type of settlement is compromised, the social security language Bill (made up name for my lawyer), can explain that to ya.
My lawyer never explained what the means. He even sent a letter to me about why he agreed with what the settlement was, but I still have no idea what social security/medicare has to do with work comp settlement.
The social security language is placed in the agreement to protect you. Because you are being compensation for a permanent disability, social security diasbilty (in the event you ever apply for it in future) would be entitled to postpone or reduce your benefits because of your work comp settlement. The language that was included spreads your settlement out over your lifetime for SS diasbilty purposes and the end result is bc of that language your disability benefits would not be reduced as much.
As you have a lawyer, you should be asking your lawyer what the language means, not waiting for your lawyer to explain it to you without any question from you about it. The lawyer won't know you have a question, even though the mediator mentioned it, if you don't tell him.
Please note: This answer is not intended and should not be considered as legal advice. Such professional advice requires full disclosure to an attorney of a client’s circumstances and that attorney’s opportunity to analyze those circumstances against applicable law.
You should call your attorney and let them know you do not understand the reference that is made on the mediation agreement. Social Security offset and Medicare language is language that is allowed to be drafted into compromise settlements that helps to protect your interests. But you should still have a solid understanding of how it works. And your attorney can help explain that to you.
Social Security Disability benefits can be offset by public disability benefits. That includes workers' compensation benefits. When you enter into a compromise settlement, you can include language to help reduce or eliminate (depending on your individual case facts) the amount of money that Social Security would want to reduce SSDI benefits by, due to a WC settlement. Medicare language works in a similar fashion to help consider Medicare's interests, and is designed to help protect your own interests.
Again, this is general information, and may not be specific to your case. Call your attorney, he or she will take the time to explain how it works for your specific case.
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