Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
SSDI Offset
#1
A friend of mine has a unique situation. I would like to ask if anyone here knows how this situation will be handled by SSA.

He was hurt at work about 3 years ago. He hasn't worked since. He had hip replacement surgery about 2 years ago. He planned on returning to work after recovering. Unfortunately his new hip developed an infection. He is about to go back for a temporary hip replacement surgery the first week of Sept. When he found out about the infection and that he would need at least 2 more surgeries he decided to apply for SSDI. He had his CE today and it looks like he will be getting approved. For the sake of my question please assume that he is going to be approved for SSDI.

He has been receiving weekly workers compensation payments for the entire time that he has been out of work. He was making a large enough annual salary so that when he gets SSDI, there will not be any offset. He is in NY.

Here's the twist. He also has a 2nd workers compensation case pending for occupational hearing loss. He has almost a 90% hearing loss in each ear. That % has already been agreed to by the judge. He did not include this on his SSDI application as a reason for his application. His application was based on his hip and his back. This hearing loss case is most likely going to be settled at the end of August after almost 2 years. He has not been receiving any weekly payments in this case. Once again for the sake of my question, it looks like he is going to get a lump sum payment of close to $95000.

Assuming everything that I've said occurs, and he reports this lump sum to SSDI, because I believe he has to, how will they treat this additional lump sum settlement?
 
Reply
#2
there was no information in the post that would indicate it would not be treated just as any additional income would be and the lump sum would be included in computing an offset amount.
he should talk to his atty about inserting language that will prorate the payments over his expected life time and reduce the hit on ssdi.

more info:
https://secure.ssa.gov/poms.nsf/lnx/0452150060
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#3
(07-31-2018, 12:54 AM)1171 Wrote: there was no information in the post that would indicate it would not be treated just as any additional income would be and the lump sum would be included in computing an offset amount.
he should talk to his atty about inserting language that will prorate the payments over his expected life time and reduce the hit on ssdi.

more info:
https://secure.ssa.gov/poms.nsf/lnx/0452150060

I thought I had read somewhere that Soc Sec would do the pro-rated offset calculation for the lump sum payment. This is what I'm trying to find out. Or, if like you said, it has to be written into the lump sum agreement decision.
 
Reply
#4
No you didn’t; at least not in anything official.
The link is to SSDI Operation manual— used by SSDI employees.
If you read some of the instructions, it states that SSDI is not to do the work for the atty or take responsibility for using correct settlement data in calculations.
Sounds like you,re helping this guy more then his atty.
This is information any comp atty uses regularly.
Your friend may need to re-evaluate his representation.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#5
footballfan you should source your information. It would help clarify the information you were referencing .
 
Reply
#6
for the many who post here or just lurk here's my thoughts on posting:

I know there is a need for some place to verify, correct misinformation, or improve an understanding.
fact checking complex transactions is something we all need to do.
I'm glad this site can help with that.
the process is improved when the original question is specific and concise (and not just by including your state).
generalities posted will usually result in a very basic or generic response.
with that in mind expect followup questions --
don't try to download every detail without knowing what facts are relevant: you'll overwhelm readers.
the essentials of the situation without the involved process of how it occurred is a good beginning.
this is a free site so don't feel you need to get your moneys worth with only one post.

and its always smart to read a number of posts first to get a feel for how the questions and answer process works.
Be Well.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#7
(07-31-2018, 12:47 AM)footballfan Wrote: A friend of mine has a unique situation. I would like to ask if anyone here knows how this situation will be handled by SSA.

He was hurt at work about 3 years ago. He hasn't worked since. He had hip replacement surgery about 2 years ago. He planned on returning to work after recovering. Unfortunately his new hip developed an infection. He is about to go back for a temporary hip replacement surgery the first week of Sept. When he found out about the infection and that he would need at least 2 more surgeries he decided to apply for SSDI. He had his CE today and it looks like he will be getting approved. For the sake of my question please assume that he is going to be approved for SSDI.

He has been receiving weekly workers compensation payments for the entire time that he has been out of work. He was making a large enough annual salary so that when he gets SSDI, there will not be any offset. He is in NY.

Here's the twist. He also has a 2nd workers compensation case pending for occupational hearing loss. He has almost a 90% hearing loss in each ear. That % has already been agreed to by the judge. He did not include this on his SSDI application as a reason for his application. His application was based on his hip and his back. This hearing loss case is most likely going to be settled at the end of August after almost 2 years. He has not been receiving any weekly payments in this case. Once again for the sake of my question, it looks like he is going to get a lump sum payment of close to $95000.

Assuming everything that I've said occurs, and he reports this lump sum to SSDI, because I believe he has to, how will they treat this additional lump sum settlement?

I know this was not part of your question but wanted to provide this link about hip implants. If your friend knows what implant they placed in him it may be helpful. He should also ask what implant including product number his doctor is going to place in him. Not all hip implants are the same and many if not most are causing a lot of problems. Your friend can review the FDA website for adverse events reported when he gets the implant information. If he needs assistance I can also look it up or provide him the link.

There is a new Netflix documentary called "The Bleeding Edge" that discusses hip implant complications as well as other medical device problems. I highly recommend patients research their surgeon, hospital and medical device before undergoing any surgery.

http://forums.workcompcentral.com/viewto...b154ce3d2a
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
Reply
#8
(07-31-2018, 12:47 AM)footballfan Wrote: Here's the twist. He also has a 2nd workers compensation case pending for occupational hearing loss. He has almost a 90% hearing loss in each ear. That % has already been agreed to by the judge. He did not include this on his SSDI application as a reason for his application. His application was based on his hip and his back. This hearing loss case is most likely going to be settled at the end of August after almost 2 years. He has not been receiving any weekly payments in this case. Once again for the sake of my question, it looks like he is going to get a lump sum payment of close to $95000.

Assuming everything that I've said occurs, and he reports this lump sum to SSDI, because I believe he has to, how will they treat this additional lump sum settlement?

As mentioned in other responses, your friend should make sure there is language in the settlement documents to prorate over his lifetime any settlement proceeds paid for Permanent Disability. However, keep in mind that the designated purpose of the money in the settlement is a determining factor as to what entity will be concerned about those proceeds.

If part of that $95,000 is for disability compensation and part is for future (or past) treatment (or testing?) of the hearing loss, he has a different situation than if all of it is compensation for disability. If it's all for disability, then SSDI offset might depend on whether it's for Temporary Disability (ie wage loss) that he didn't receive previously, or if it's for Permanent Disability. I wouldn't think unpaid Temporary Disability can be pro-rated over a lifetime because it was supposed to have been paid for a specific time period. These are questions his attorney should provide answers for, specific to his case.

SSDI does not offset for money in the settlement that's designated for medical needs. But, especially since it looks like he will be approved for SSDI, then he also needs to be taking Medicare's interests into consideration and understand how they will look at any settlement money that's designated for medical care.

Every situation is different, but it's wise to be thinking ahead about these things as you are doing.
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  Approved for ssdi while receiving WC in reverse offset state farmboy 7 839 06-06-2018, 12:48 PM
Last Post: farmboy
  Work Comp SSDI Offset-Hartman formula kong 5 11,123 03-17-2018, 02:20 PM
Last Post: Seeking Help
  SDI, WC, and SSDI Offset injuree 6 2,222 08-30-2016, 06:30 PM
Last Post: 1171
  SSDI offset Manley2 14 5,829 01-12-2015, 02:43 PM
Last Post: 1171
  SSDI 1099 using WC offset in tax amount??? vinga 5 4,975 01-21-2014, 04:02 PM
Last Post: Babebahn
  SSDI Offset of W/C Settlement Mandy 2 3,642 01-19-2014, 09:05 AM
Last Post: vinga
  Worker comp offset for ssdi FLORIDA mindwarped 1 3,424 12-08-2013, 09:18 PM
Last Post: 1171
  ssdi offset jazzmo 2 3,497 11-06-2011, 12:39 PM
Last Post: jayne
  SSDI and TTD offset??? bama50 8 6,701 02-08-2011, 08:55 PM
Last Post: BooBoosNeck
  Offset of wages freebird 1 3,900 09-02-2010, 06:26 PM
Last Post: Bad Boy Bad Boy

Forum Jump:


Browsing: 1 Guest(s)