Workman's Comp Settlement and Social Security Disability

[zdevilinside]

What is the name of your state (only U.S. law)? NM

I think this is a complicated, interesting case. It involves a workman's comp injury and social security disability claim that didn't arise from the workman's comp case.

Worker was injured on the job in Jan, 2008. The workman's comp case hasn't been settled in a lump sum at the present time. The worker then becomes disabled due to other issues in Dec, 2009.

How would Social Security react to this settlement? If there is an offset from the pre-existing injury, is there any way to avoid it? I have heard that there is a way to avoid the offset by the language, such as spreading the payment over the lifetime expectancy or Work Life or something like that.

Does anyone in here know of what is done with this type of case?

I might need to post this in the Disability Forum in addition to this one. What are your thoughts?

Edit: I forgot to mention that the worker also has supplemental disability insurance from his previous employer. The worker left employment due to the issue that led to the social security disability. The limit of the supplemental disability insurance was 70% of his income prior to the injury adjusted for social security disability payments.

 

[lawinc]

Settlements for workers compensation cases are typically engaged in by an attorney who specializes in state workers compensation laws. Personal injury attorneys also practice workplace injuries but may not specialize in all the facets of workers compensation. A workers compensation attorney may also cover Social Security disability benefits. 1

Yes, you can certainly file a claim for workmans comp and social security disability benefits simultaneously. The two benefit systems are completely separate and distinct (ssd is a standardized federal program while workers compensation laws may differ state to state). 2

However, an individual seeking both types of benefits may gain advantage from the input of a workers compensation attorney since "timing issues" (as regards an ssd claim) can, in some cases, affect a workman's comp claim.

 

[oliverlnrd]

Thanx for sharing
PaddockPro - Horse Farm Management Software | Equine Management Software