workers comp + disability
 

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?

Did you call your local office or the 1-800#. Look on your paper work and see who your case worker is. If I were you I would call the local office and make an appointment and go down there. Are you set up for direct deposit? If you received a favorable decision in Florida they always say in 4 to 6 weeks you should get something.

I had similiar issues with my claim. I won in June of last year by the time they had everythiung figured out I received my backpay right before Thanksgiving. They will not get in any hurry.

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.

Still so confused
 

Thanks to all of you for your replys. Theres just so much to all this and every case is so different. I guess i will just wait for the compulation letter. Hopefully it comes soon , it has been just about 30 days so far since the hearing. I called the lawyer to ask whats up and they said i should come on in and talk and they will explain. Yup ya know how they are, cant get apt for 3 wks for im sure will be a 5 minute conversation. When i reapply i surely will get a new lawyer, this one has done nothing, knows nothing, it really sucks for me. "Oh" by the way i am also in massachusetts.

Your doing the smartest thing in waiting to see what's going on. Each state has different policy's. In my personal dealings with Social Security I found making an appointment and going down there with everything they sent my clients is best. They had one of my clients SS# mixed up with someone else 's record. I only know Fla and Georgia law and they are very similar as far as laws, and policy. Good luck and I hope you get everything you deserve. A good attorney is hard to find I heard some people talk about a certain firm but can't remember the name it starts with an A. In Fla. they give you benefits from the time you apply. It's a little confusing if you applied for Workers Comp first or did you apply for SSDI around the same time? In Florida you receive your checks within 4 to 6 weeks.

You can Appeal this decision btw. There is a risk of losing the closed period... At least that was stated on my award letter that I received for a Partially Favorable Decision several years ago.

By starting a new application instead of filing an appeal, you might decrease your monthly benefits.