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

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
does anybody know out there?
#1
Is there a difference when you get you retirement and SSI before settling your case with WC? In the state of CT.
 
Reply
#2
I do not understand your question.are you talking about with SSDI? SSI? a private retirement?
My husband collects SSDI and a private retirement he will collect SS at 65 there will be no difference in his check at 65.
you cannot collect more than I believe 80% between SSDI,SSI and WC. so when you settle make sure your lawyer words your settlement right so that altho you may get a lump sum it reads as tho it is paid over your life time.
........I love cats, I just cant eat a whole one by myself......







 
Reply
#3
(12-20-2011, 11:07 PM)usetobeswift Wrote: Is there a difference when you get you retirement and SSI before settling your case with WC? In the state of CT.

Like Jayne says, your question isn't really clear.

SSI is Social Security Income, which is a benefit for low-income recipients of SSDI (Social Security Disability Insurance).

State or Private Retirement generally won't be affected if the recipient is on SSDI, but SSDI will often take an offset to maintain the 80% rule.

You need to be more specific.

DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
 
Reply
#4
To be more specific . I retired from my job on disability retirement, And won my SSD case but Have not yet settled on my W/C case , So I wanted to know how and if this would affect my W/C case? and what to expect next.
 
Reply
#5
You haven't indicated whether you're drawing any weekly benefits on WC, but if you are, there would likely be an offset with SSDI to hold you to the 80% rule. If there is a settlement of the WC case later on, it is important to have the appropriate language in the settlement agreement so that SSDI doesn't do a total offset. This is commonly known as the "Utica Mohawk Language" (Utica Mohawk Mills v. Orr). Your attorney would know how to apply this language to any settlement agreement. You would still be held to the 80% rule.

Where your disability retirement comes into play, it's important that you understand that the Windfall Elimination rule will likely apply. See more here:

http://ssa.gov/pubs/10045.html

While some of the retirement funds can be exempted (the formula is very complicated), much will apply to the Windfall Elimination Rule and be considered in the 80% rule as well.

The long and short of it is that SS doesn't want you to "profit" from being disabled. You can thank the Bush Congress for that.

DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
 
Reply
  


Forum Jump:


Browsing: 1 Guest(s)