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Originally Posted by speedy
Just had my ALJ hearing on march 10th. The judge sucked. He gave me a fully favorable decision for a closed period of about the first 3 yrs. But i collected comp for the first year and a half and also recieved a lump sum. The judge said there would be an offset on it. Nobody can tell me whats up even my sucky lawyer. I called ssdi and they say i havnt even had my hearing yet. What the %^#* ! I have the letter from the judge on the decision. How long to get a ck. or will i even get one seeing i collected comp?
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What is the date of your written decision? A verbal decision cannot be processed to payment by the payment center. The date of the written decision is the date that the payment center starts processing your claim to payment. Since it is a closed period, they will have to have all documents regarding your worker's compensation available before they can determine payment. The lump sum will be a factor. The children's claims will need to be filed if you have any minor children. I would guess that it would take at least two months from the written decision, possibly longer, for this to be paid.
Here is a link that begins to explain worker's comp offset.
https://secure.ssa.gov/apps10/poms.nsf/lnx/0452101001
As you can see, it is a complex subject. I will give you an example.
Before becoming disabled, the average monthly earnings (ACE) were $3000. Workers comp paid $500 a week. The Social Security PIA was $1200 a month. 80% of $3000 is $2400. The combination of $2000 a month Worker's comp and $1200 a month SSDI is $3200 and it exceeds 80% of ACE. The offset will be $800 per month. Change the numbers and the offset changes. First comes off the children's checks. SSA determines your ACE and PIA based on your earnings.
SSA may or may not have 100% of your worker's compensation data entered into their computer records. The payment center will be looking for it. You may or may not have filed claims for all your minor children. If the children live with someone other than you, that person would be a proper applicant. You can help by making sure SSA has all the data needed, but this is still going to take many weeks, hopefully less than 3 months.