offsetting wc

[halftrak]

doesn't it really mean when they offset your ssdi after you were on workman's comp and then settled that the government is actually taking back all the money that you received while on wc.that is pretty much what happened to me.I applied for ssdi in october of 05, had been off work since july of 05,got released on permanent light duty in may of 06, got terminated, after denials from ssdi got approved in april of 07, so i got back pay from jan of 05 thru april of 07 minus what i had collected from wc, now my monthly checks are cut in half until november also my 2 kids are supposed to draw off my ssdi and get 363 each and only get 11 dollars each until november.now i hope i haven't confused you guys but I actually was considered disabled after the 5 month waiting period from jan of 06 and stopped receiving weekly wc checks in may of 06 so they are offsetting the small settlement that i got. I under stand about the 80% that you are allowed to get.I just think it really sucks the way they do this.My kids were supposed to get back pay for 5 and six months also and all they got was 66 dollars and my boy got a check for 55 dollars.Thanks for hearing me out and letting me vent about this.Have a great day. Halftrak

[Still in Limbo]

Halftrak, if you apply for SSDI while on w/c and get a settlement, they will take back the Monies they gave you during that period. My Attorney has been Great in explaining how this works, and I don't want to confuse you, but you may want to check into this with a Call to your Local SS Office.

SSDI supplemented you during your injury and w/c time. When they take back the amount of Monies they gave you, it's very important that you make sure that they are NOT taking away any of your Cost of Living Allowance that you received. They should only be taking away the base amount of SSDI, the COLA is yours to keep. Also contact your Attorney and see if you qualify for a Hardship Exemption. I'm not sure of the actually terminology, but there is a form your Attorney can file asking you to be exempt from re-payment. A lot of attorneys won't tell you about this, because it's more paperwork for them. If they don't want to help you now that you've settled, contact an Attorney that deals in SS Law, you may be paying back way more than you need to, or if the Stars align and Luck is on your side, you may not have to pay back at all!! I hope this Helps, this is actual Law, so don't let them tell you it isn't!! Best of Luck!!