SSDI and workmans comp.
 

My friend was disabled out from work and got a settlement from workmans comp as well as disability pension from the employer. He was a firefighter. How does this impact his filing for SSDI? Are there any issues of paying back any money? He is done with them and is hesitant to file because he does not want the trouble he went through with the workmans comp and the city he worked for.

The worker's comp will affect the SSDI. The disability pension from his employer probably not. If he wants a 'trouble free' life with no worries or stress he probably should not file an SSDI claim and just wait until age 62 to get reduced retirement Social Security or age 66 for full Social Security. Then all he has to prove is age. Of course, depending upon his current age and lifetime earnings, the years that he does not work will be averaged with the years he did work and the zero years will reduce what he could get from retirement benefits. But then it would be trouble free.

If he wants a guarantee that he will be approved, he should not file a claim. There is no such guarantee. Qualifying for a fire fighter pension is quite a bit easier than qualifying for SSDI. He has to prove both that he can no longer be a fire fighter but that he is also physically and mentally incapable of doing a simple, entry level, sedentary job like a telemarketer.

His disability is respiratory. He has troubled speaking and doing any activity or exertion. Additionally, he is not recieving WC income so what would they base a reduction on. The SSA pamphlet on SSDI said that public pensions which taxes were paid on would not be affected, nothing about WC though.

i disagree with this statement having gone through both myself. Janke is correct about with ssdi, having to prove that you are unable to do even a sedentary job, but the testing that you are put through for pulmonary disease or injury for job related medical disability for firefighters and the medical and pension boards that you have to successfully navigate are as difficult if not more so than social security. The medical testing is definitely more difficult than social security. I had to take 3 methyl choline challenge tests, which is very strenuous, i wound up in emergency room after every test and which no one with copd or asthma usually ever takes and if they do its only once as well as innumerable pulmonary function tests over a period of years.

Tell him to file. Get the Nolo's guide to social security disability which will help him to fill out the forms, if he is turned down to hire a lawyer that specializes in social security disability. He already has his medical records collected and in order im sure from the processes he has already gone through. tell him to start the process the sooner the better.

Nuff said
 

Thanks, I did not want to say anything to that. However I am a former firefighter who won SSDI first time applying on my own so I know what he's been through. As to that comment my question was not do you think he could qualify-I don't care what you think. My question was how is a WC settlement going to affect this.

I am taking back my statement about getting disability for being a fire fighter is easier than SSDI. I really have no knowledge about that program. Sorry for even stating it.

Here is one link about workers comp offset.

http://www.socialsecurity.gov/OP_Hom...book-0504.html

Your original question also included the statement that he didn't want the SSDI claim to be any trouble. It will not be simple. He may or may not qualify. He may be approved initially, he may be denied multiple times and have to wait years to get satisfaction and he still may not qualify. If not having touble is at the top of his list, then shouldn't file a claim. Or he could get an atty to do the work for him.

if you dont care what i think then that makes it easy.....good luck

I had a Workers Comp settlement right about the time I applied for Social Security disability. The one thing that my WC attorney told me was that as long as my WC settlement was less than $25,000, it would not impact social security disability at all. My WC settlement therefore was one penny short of that amount. This is not to suggest that I would not have gotten social security disability if the amount was greater than $25,000. But if it is over that, it can reduce the amount of your monthly social security disability amount at least temporarily.

Your attorney gave you incorrect information. There is no $24,999 exclusion. You cannot get more thatn 80% of your average current earnings per month from a combination of WC and SSDI. Every case is different.

Jim,

Tell your friend that the application process with SSDI can be very frustrating (as he knows if you have shared any stories of your wife's struggles with him).....still, I think he'll be better off getting the ball rolling on that.

SSDI does the computations about how much he rec'd from WC and deducting that from any backpay he might be entitled to from SSDI.