[smackjab]

Hi,
I have not been on here in a very long time and used to be on the TOS board many years ago. I am hoping there is someone on here that can answer a question that I have regarding SS and W/C.
I am in the process of settling my w/c case. I have not been receiving SS benefits because my w/c benefits were more than my SS benefits. However when I do settle and I am no longer getting my w/c benefits and I am just getting my award money, will the money that I receive bi-weekly from the award be counted as income and lower the money I receive from SS?

I appreciate any help that you all can give.
Have a good evening!

Smackjab

[Janke]

Short answer is yes.

Long answer, depends upon the wording in your award, what time period the settlement represents, what was the amount of your Average Current Earnings at the time you became entitled to SSDI, etc. Hopefully your W/C lawyer is also well versed in SSDI benefits. There really is no simple answer.

[bebop]

I didn't apply for ssd until I got my wc settlement on the advise of my attorney. he told me it would affect the amount of money I would get. I got my settlement check dec 23 of 06. filed for ssd april 07 and got approved for ssd in october 07. no problems at all with it

[DiMarie]

That is the advice we also had to settle the w/c and have the wording in the settlement structured for lifetime. You receive a lump settlement, but will have the totale over life.
BUT if you settle wc after ssd, it is not as favorable. I think they tell you when the w/c settlement will be offset and you can start receiving benefits.

Also, if you are getting an amount for medical in the form of a yearly, dang forgot the name......it is NOT considered as earnings, and make sure it is not calculated as earnings. It is for medical....

Good luck
di

[finz]

I disagree with "the order" in which Bepop was told to do things. I've been getting wc for 4.5 years (at first whole 60%, now 40%) and ssdi for the last few months, with the ssdi amount offset some because of the wc. I thought that I wouldn't be able to collect from ssdi while I was still getting wc, but that just wasn't true.....I also got a nice backpay check from ssdi. Backpay will only go back to when you applied for ssdi, so if I had waited until "done with" wc, I would have missed out on that $50,000. Also MC doesn't start until 24 months after the date ssdi recognizes as the start of your disability and there is no guarantee that ssdi will quickly approve you just as wc drops you.

In my case, I've been told to notify ssdi of the settlement details when I finally settle with wc.....that amount calculated over my lifetime will amount to less than I currently get biweekly from wc, so my ssdi should go up when I settle with wc.

So......it all depends on the amounts you are getting for ssdi and how much the wc settlement is for.