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| | |-+  Prorated for Workers comp settlement?????Theme modified by www.pinoyden.com | WebDesigns www.devph.com		 « previous next »
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Topic: Prorated for Workers comp settlement?????  (Read 392 times)
412driver
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Posts: 4
« on: January 25, 2012, 01:53:26 PM »
Good day, Short background and question: Injured on job Dec 2010 Out of work permanently, lost FAA medical no more flying. Settled with workers comp ins company Dec 2011. Approved by SS for disability Jan 2012.
? Was told my SS diasbility will be prorated because I got a settlement from WC. What does that mean? Is there a formula for determining how this is computed? Just to throw out numbers for a scenerio: Salary when injured 100K+, last several years (6). WC $800 per week, settlement 150K $, 2009 SS statement said if disabled today would get 2300 per month.

Can anyone give me an idea what to expect? Thanks
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JTB ~ Jane
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Posts: 1730
« Reply #1 on: January 25, 2012, 02:19:06 PM »
   wave-hello Hi 412 driver and Welcome to the forum!!

 I have no idea what to expect, but I wanted to stop by to Welcome you into our family.  We have some smart and wonderfully compasionate people here who are more than willing to share their experiences...Hang on, someone is bound to be by shortly!!!

This site is always amazing me, as I'm sure it will you too.

Again, Welcome...
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Life is a series of problems to be solved...Abe Lincoln
Most folks are as happy as they make up their minds to be...Abe Lincoln
Name: Jane
Location: Illinois
Age at Application: 59
Disability: Spinal Cord Injury, Fractured C4, Left-side partial paralysis, severe spasticity
Date Applied: ... 7/21/11>Re-Opened 2009 application
First Approval/Denial Date: APPROVED 11/3/11 ... BACKPAY from 11/08
Additional Info: Rec'd partial BackPay 1/3/12...Balance of 36 months rec'd 2/13/12
plgerrard
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Posts: 4767


The Catwhisperer
« Reply #2 on: January 25, 2012, 02:29:59 PM »
Hi 412driver:

This page at the SSA website should be able to answer all your questions:

http://ssa.gov/pubs/10018.html

Pati
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The best way to pay for a lovely moment is to enjoy it. (Richard Bach)
Name: Pati
Location: East Tennessee
Age at Application: 53
Disability: Small Fiber & Autonomic Neuropathy; Sjogren's Syndrome; DJD
Date Applied: 02/19/2009
First Approval/Denial Date: Approved 10/26/2009
Date Award Letter Received: 11/17/2009
Date Back Pay Received: 10/25/2009
Additional Info: Assigned to DQB on 10/5/09. Approved.
412driver
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Posts: 4
« Reply #3 on: January 25, 2012, 03:42:08 PM »
Thanks for the info and welcome.
I have the 80% of avg monthly down now, I still have no idea how the settlement amount will affect the computation. Any ideas?
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plgerrard
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The Catwhisperer
« Reply #4 on: January 25, 2012, 04:51:31 PM »
Each state and settlement type is different. Here is the POMS chapter for Workers' Compensation. You can find your specific state here:

https://secure.ssa.gov/apps10/poms.nsf/lnx/0452120000
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The best way to pay for a lovely moment is to enjoy it. (Richard Bach)
Name: Pati
Location: East Tennessee
Age at Application: 53
Disability: Small Fiber & Autonomic Neuropathy; Sjogren's Syndrome; DJD
Date Applied: 02/19/2009
First Approval/Denial Date: Approved 10/26/2009
Date Award Letter Received: 11/17/2009
Date Back Pay Received: 10/25/2009
Additional Info: Assigned to DQB on 10/5/09. Approved.
shirlgirl
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Gender: Female
Posts: 11
« Reply #5 on: January 25, 2012, 06:46:00 PM »
Hi i was injured on the job in 2009 The attorney i had put it into my settlement that if i became disabled due to my injury that ss could only hold out 26 dollars a month from my Benefits for the money that i got from workmans comp. I think that if it is not written in your Settlement then SS can hold it from your back pay and not sure but from your Monthly Benefits, don't hold me to that but that is my understanding about a workers comp Settlement. Hope this  helps a little.
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Name: Shirley
Location: Tennessee
Age at Application: 49
Disability: post cervical discectomy and fusions at C5-C6 and C6-C7,disc herniation at C6-C7 with affected distribution of left C-7 nerve root with foraminal stenosis and radiculopathy,and obesity.
Date Applied: Oct 1,2010
First Approval/Denial Date: Denied 01/06/11
Reconsideration Approval/Denial Date: Reconsideration Filed 09/10/11
Hearing Date: 11/18/11 with Attorney
ALJ Approval/Denial Date: ALJ approved 01/05/12
Additional Info: Now just waiting to get my Benfits
Dragon Fly
Glitter Queen SSDFacts Doughnator
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Crinkly Piece of Aluminum Foil
« Reply #6 on: January 25, 2012, 06:59:53 PM »
Welcome.
There is just no way for us to know for sure. We have had members who were very disappointed to find out their WC was taken out and no payments of SSDI would be made until paid off.

Good luck.
>;<
Dragon Fly
Logged
"And those who were seen dancing were thought to be insane by those who could not hear the music." --  Friedrich Nietzsche
Name: >;<
Location: CA
Age at Application: 37
Disability: Cervical & Lumbar DDD, Spinal Stenosis, Radiculopathy, Major Depressive Disorder, Anxiety Disorder, Chronic PTSD
Date Applied: October 8, 2010
First Approval/Denial Date: Approved verbally March 15th, 2011. Approval letter dated April 5, 2011
Additional Info: 2 weeks in QR, Received backpay April 4th, 2011
prince1969
SUPERSTAR Member
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Posts: 1030
« Reply #7 on: January 25, 2012, 07:52:56 PM »
The offset depends on the language used in the WC settlement agreement. Can't remember the name of the case, something with hawk, that if included in the settlement agreement, it will either not affect your SSA SSDI or the offset won't be much. There are some members here that are familiar with it. Never have dealt with WC myself.
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412driver
Newbie
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Posts: 4
« Reply #8 on: January 26, 2012, 06:22:34 AM »
Thanks, I think I have an idea: Take my workers comp weekly rate divided into my settlement amount means the prorate will last 3.6 years. My avg wage as determined by last 5 years of income, max is 80% for all benifits. So, if I understand an example:
$800 weekly wc rate
$6500 avg monthly wage prior to disability
$150,000 wc settlement
$150000 divided by 800= 187.5 weeks divided by 52=3.6 years of proration
$6500 X 80%= $5200 max allowable monthly income
$800 X 4= $3200 settlement monthly income
$3200+$2400(SS disability)=5600 or 400 more than 80% avg wage so SSD reduced by $400= SSD payment of $1800 for 3.6 years. Is that correct? Huh?
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« Last Edit: January 26, 2012, 06:39:07 AM by 412driver »
plgerrard
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Posts: 4767


The Catwhisperer
« Reply #9 on: January 26, 2012, 11:56:00 AM »
How the WC settlement is applied can vary by state, and can even vary within each state depending on the type of settlement. I'm not sure what state you are in, but assuming you are calculating the settlement correctly for your state, then the rest would be close to correct.

Close being that you calculated the monthly WC rate as $800 x 4, which yeilds monthly settlement income of $3,200. The correct way to calculate that would be $800 x 52 = $41,600 annually / 12 = $3,467 monthly.
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The best way to pay for a lovely moment is to enjoy it. (Richard Bach)
Name: Pati
Location: East Tennessee
Age at Application: 53
Disability: Small Fiber & Autonomic Neuropathy; Sjogren's Syndrome; DJD
Date Applied: 02/19/2009
First Approval/Denial Date: Approved 10/26/2009
Date Award Letter Received: 11/17/2009
Date Back Pay Received: 10/25/2009
Additional Info: Assigned to DQB on 10/5/09. Approved.
pas2355
SSDFacts VIP
Senior Member
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Gender: Female
Posts: 100
« Reply #10 on: January 26, 2012, 03:52:01 PM »
I finally got up the nerve to call SSA today to ask if my SSDI benefit is offset by my WC.  The gentleman I spoke to was so nice and helpful.  He said that my WC and SSDI benefit are not over 80% of my pre-disability wages.  He also said that although they count 35 years of wages I made the most money in 2009.  In doing their calculations they used the year 2009 to maximize my benefit.  I didn't really understand this so maybe I didn't hear that correctly.  I also took the opportunity to tell him I thought my award should be higher, Lol..I was getting brave!, Lol. He said my award is above average.  He also tried to explain Medicare but I am not eligible for two years so I didn't pay close attention. 
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Name: Patty
Location: New York
Age at Application: 56
Disability: Avascular Necrosis of the SubTalar Joint, Depression, Fibromyalgia, Anxiety, Chronic Pain
Date Applied: 7/7/11
First Approval/Denial Date: 10/11/11 Approval by phone
Reconsideration Approval/Denial Date: N/A
Hearing Date: N/A
ALJ Approval/Denial Date: N/A
Additional Info: No atty but Congressman contacted the same day I filed my application. Currently on Worker's Comp for Work Related Injury; was advised by Dr. to apply for SSDI

« Last Edit: January 27, 2012, 07:25:05 AM by pas2355 »
412driver
Newbie
*
Posts: 4
« Reply #11 on: February 05, 2012, 06:50:09 AM »
 Smiley  Good mornin all, UPDATE:  Last week I had money deposited into my checking account, this week-I got an explanation letter. SS approved my account and issued back pay from July to January. They informed me that the settlement from WC would not have an impact upon my SSDI. Grin I am in shock that this entire process was basically without conflict and processed so quickly. The formula used in this thread was indeed close to the final outcome.

Thanks to all who posted here, your information served to ease my worry and was helpful in my understanding of the process. I am satisfied with the outcome although I would rewind my life to eliminate my injury and allow me to continue to  work. Looking back, I am truly blessed to have been able to work so many years at my hobby (flying)
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SSDAdmin
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Gender: Female
Posts: 8295
« Reply #12 on: February 05, 2012, 09:46:25 AM »
I am glad things have worked out so well.  I know this is not the ideal outcome for anyone but at least it will help lift the burden financially in your life Smiley

Marrci
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I speak from experience not expertise.
Name: Marci
Location: Florida
Age at Application: 35
Disability: Arthritis, Degenerative Disc, Migraines, Foot Injury
Date Applied: September 2005
First Approval/Denial Date: Denied February 2006
Reconsideration Approval/Denial Date: Denied October 2006
Date Hearing Notice Received: October 2008 two weeks before hearing
Hearing Date: October 2008
ALJ Approval/Denial Date: Letter Received December 2008
Date Award Letter Received: January 2009
Date Back Pay Received: February 2009
Additional Info: Approved at hearing, no Attorney
Dragon Fly
Glitter Queen SSDFacts Doughnator
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Gender: Female
Posts: 7448


Crinkly Piece of Aluminum Foil
« Reply #13 on: February 05, 2012, 03:48:04 PM »
Hey 412,
That is GREAT news. Thank you so much for updating us!
Now you have to promise to stick around...
Smiley
>;<
Dragon Fly
Logged
"And those who were seen dancing were thought to be insane by those who could not hear the music." --  Friedrich Nietzsche
Name: >;<
Location: CA
Age at Application: 37
Disability: Cervical & Lumbar DDD, Spinal Stenosis, Radiculopathy, Major Depressive Disorder, Anxiety Disorder, Chronic PTSD
Date Applied: October 8, 2010
First Approval/Denial Date: Approved verbally March 15th, 2011. Approval letter dated April 5, 2011
Additional Info: 2 weeks in QR, Received backpay April 4th, 2011
honee1two
Newbie
*
Gender: Female
Posts: 14
« Reply #14 on: February 06, 2012, 10:52:58 AM »
I am still so confused with the wc calculations and how to figure out the offset amount. I see all the examples but it is still like greek to me...I just don't get it. If I should be, no When I get approved this will affect how I get paid and back pay. Is there a WC Offset Class for Dummies! LOL
Logged
Age at Application: 53
Disability: Herniated disc at L4-5, degenerative disc desease and arthritis in both knees
Date Applied: 10/26/2010
First Approval/Denial Date: 1/2011 denied
Additional Info: I appealed 2/7/2011, was sent to VSU on 6/7/11 per letter received with that date, received another letter thanking me for my request for hearing and explaining the hearing process that letter was dated 8/10/2011 no mention of VSU on that letter
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