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SS disability approval / workers comp settlement

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Unread 08-23-2010, 07:00 AM   #1
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Default SS disability approval / workers comp settlement

My Husband received Ohio Workers Compensation from 2003 through 2006 with receiving a lump sum settlement in 2006 of $30K. He applied for Social Security Disability in 2008 and was just awarded in June 2010. Social Security is going to pay him back to 2007 for the backpay. Will he have to re-pay Workers Compensation back the money they paid him? (Even though he settled a while before applying for SS) We are racking our brains trying to figure this all out so any help would be GREATLY appreciated!! Thanks sooo much!!
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Unread 08-23-2010, 08:33 AM   #2
Join Date: Sep 2008
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I tried to make some guesses but there are too many unknowns.

For months where entitlement to SSDI and W/C overlap, your husband and his dependents cannot receive more than 80% of his average current earnings. The SSDI claim cannot pay retroactive benefits more than 12 months before application, regardless of onset date.

He will need to be sure that all his worker's compensation data has been provided to SSA. If it wasn't all provided at the initial interview, it is doubtful that it is all included in the electronic file. SSA employees don't go looking for work on claims that have been denied. So, the payment center may pay initial benefits without current W/C data which means they may apply the offset until the documents are submitted.

SSA needs to determine his monthly SSDI amount before offset based on lifetime earnings; his average current earnings at the time of onset of disability; the months monthly W/C was paid; what the $30,000 settlement actually represents in terms of future benefits and for what months.

I kept trying to come up with examples, but there are too many variables.

Be sure the payment center has all the W/C data. If they ask for it, submit it even though you think you have submitted it previously.
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disability, disability benefits, social security, workers' compensation

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