SSD and Work Comp

[UndercovrAngel]

Does anyone know of a law that was enacted back in 1994 or 1995 and later recinded in 2002, having to do with collecting workers comp as well as SSD, in which you would have to pay back the SSD when you start collecting regular social security at retirement if you were injured during the time frame that that law was enacted ??

I have a friend on an RSD forum that is saying her attorney told her that she would have to pay back her SSD when she begins collecting her retirement social security. I can't find any such law, but with many of you collecting on SSD that might have been injured during that time, I though that you might be able to point me in the right direction in finding any such law.

Of course, I understand that no one may have any idea about this.. but I thank you in advance for any information that you can give me at this time.

Thanks,

Angel ^j^

[AQA]

UCA, I have never heard of anything like that. However, my injury date is 8-05.

I know that there is a law that states an individual can only collect a combination of workers comp. monitary benifits and SSDI benifits to equal 80% of pre-injury wages.

Sorry I could not help more.

[Bad Boy Bad Boy]

It could be she is getting weekly to monthly payments from the settlement. That amount may be a major offset, causing money to be paid to SS.

[red1030]

UnderCovrAngel...sorry I do not have a clue here.... do you know if this is a federal law or a state law from the past...there is a site, and I would have too find where you can find archived bills that have been passed in our history. Sorry I can't help more than that...Red

[Bummer Knees]

I would call the 800 number for Social Security Administration and them.

[UndercovrAngel]

At this time. she is only collecting wc bennies. But she is getting ready to settle, and her attorney is telling her that if she applies for SSD, she will have to pay back every dime she received from SSD when she retires and begins collecting social security retirement. He is telling her that they could take every penny of her retirement benefits until all of the SSD funds are paid back, leaving her nothing to live on.

Angel ^j^

[AQA]

UCA, am I correct to assume that your friend is in a different state????

Well if I am. I do recall about a year or so back, people were talking about attornies not wanting thier clients to apply for SSDI until after they had settled. The purpose for that was so that the attorny would get more money.

As I was typing that I recalled it was because of a medical set aside fund. Which means that the actual monitary part of the settlement would be lower because of the medical set aside fund.

I am starting to get a bad feeling about what the attorny told your friend. I agree, you should call the 1-800 number.

I will let you know that in my case. The amount that I am making is the amount I will get when I reach retirement age. Providing that I do not go back to work.

[Tuffy]

Being retired now,and already on SS retirement when I was injured, I do know that I could not collect SS and SSD or SSI at the same time. But that is a Federal rule.
Why would she have to pay it back? I was under the impression that if under SSD and then retire that SSD would stop and SS would then start. I would , as others have suggested contact your local SS office and talk to them

Sorry I couldn;t help more, But let us know what you find out.

[UndercovrAngel]

Thanks for all your help. I had problems believing that a payback of SSD funds would be required from ss retirement funds. That is why I brought it here, as there are many of you on SSD that might have hears something along these lines and wanted to make sure I gave her the right info.

Since it is the weekend, I guess that I will have to wait till Monday.. when luckily I am off work and call SS Administration and see if they can give me that answer.

Have a super weekend y'all. I am off to bed as 4:30 AM comes early and I have to work tomorrow and Sunday.

Angel ^j^

[Bad Boy Bad Boy]

I do know this much.

It is all on how the settlement terms are written.

The amount of money should be said, broke down into amounts of years being paid till retirement age.

Example say one gets $40,000.00, that amount and retirement is in 10 years, so $4,000.00 is being paid in a lump sum to equal 10 years. Being the $4,000.00 is less the the amount allowed to be earned from SS or SSDI, no money then is to be paid back.

If not properly worded, then the Attorney could be setting your friend up to be screwed, because the attorney doesn't want the hassle of getting it wrote out properly.

Also, I do think Wink just went through something close to this issue.