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SSA Denying Settlement because of Worker's Comp - Printable Version

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SSA Denying Settlement because of Worker's Comp - cuwynicu - 11-27-2011

I was hurt on the job in 2003. I received one settlement check from WC in 2004 - nothing else. I became unable to work in 2008, filed for disability and was approved in March 2011. I am receiving monthly disability, but am still awaiting roughly $17,000.00 from my settlement dating back to 2008. SSA states that I won't get this money because they show that I was receiving Worker's Comp weekly payments in the amount of $501.00. I never got these payments. SSA sent forms to me about this and I filled them out and sent them back, AND wrote them a letter AND talked to a rep by phone. Still, they say they are closing the file and this money has somehow disappeared. Why can't I just ask Worker's Comp to review my file and submit documentation to SSA proving that I never received those recurring payments?
SSA states that the settlement check in 2004 has no bearing on the current situation, since I received that check before I filed for disability in 2008. I have no idea where this $501.00 per week came from, and never knew about it until SSA informed me that according to their records, I had been getting it!


RE: SSA Denying Settlement because of Worker's Comp - 1171 - 11-28-2011

you may have to retain a representive specializing in SSA issues.
try here:
http://www.nosscr.org/

maybe the check you received was a single lump sum that was the cumlative of $500/week.

or maybe you are owed money from workers comp. contact your state work comp board and ask that they look into it.





RE: SSA Denying Settlement because of Worker's Comp - LeglEgl - 11-28-2011

I have a few suspicions about this, and I think 1171 has raised one of them.

The settlement you got in 2004 was very likely viewed by SSA as a weekly benefit. If the amount you received was stretched out, so to speak, as a weekly amount, rather than a lump sum, it might explain where SSA is getting their figures.

Unfortunately, without knowing a lot more about your situation, nobody here can make a reasonable guess as to what might be occurring here. Your age, for example, whether or not you're qualified (or will be) for Medicare, and whether there was language in the 2004 settlement that would have attributed the lump sum to a weekly aggregate amount.

Post more, and perhaps we can further assess this.


RE: SSA Denying Settlement because of Worker's Comp - Bernie57 - 11-28-2011

Shy You recieved some very good advice.
However, a very rare occurance happened to me. I had a messed up claim. I was injured in 2005 & was picked up by SSD in 2009. I got payments from WC on a random basis and the amounts were always different. When SSD did not pay me the full amount because of WC payments I made a real pest of myself, In the end SSD found out the insurance company put it in the books but it got hung up before getting to me. SSD gave me my monies owed, but it did take over a month to correct. Best to have all monies on paper and in very good order. This is very rare but too many cooks well, you know the story. Good Luck.
Bernie