Sep 16th, 2020
This is extremely important. Do not hire an attorney who isn’t well-versed on navigating through the Social Security Disability process while you also have a pending work injury case. If you are unable to return to work and apply for disability, medical bills and settlement have to be handled very carefully.
There is something called a Social Security offset. This is a way for Social Security to say to Workers’ Comp, “If you’re paying her, we’re not going to pay her.” If you receive permanent total disability payments (PTD), or a permanent partial disability payment (PPD) and also are receiving SSD, the offset means that SSD will reduce your payments in light of the payments from Work Comp.
But…an experienced attorney in both areas will be sure to structure your settlement document with Work Comp in a way to prevent the possibility of losing SSD benefits entirely. We can also structure the wording so that if there is an offset, it will be as small as possible.
This also comes into play if you are receiving SSD and are on Medicare. Your attorney will have to be very mindful of any payments for medical bills paid for by Medicare. You do not want to navigate this alone and end up with medical left as your responsibility.
Anyone that has applied for SSD while a case is pending with Work Comp, call us right away before things get seriously out of hand. I represent people in SSD cases as well, and I’m well aware of how these two programs work together.
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