[CZA1225]

I have been receiving $3,000 Workers Comp pay since my back injury on the job in 2011, which is 75% of my gross salary of $60,000. I just received approval for Social Security Disability in 2014, backdated to 2011. When I applied, I made Social Security aware that I was receiving Workers Comp, and expected them to reduce my Lump Sum Back Payment and ongoing monthly payments to be in compliance with the 80% rule. To my surprise, I received a $45K Lump Sum payment from SSDI, and my first monthly payment of $1,600. The payment to my Attorney was originally held up pending verification of Workers Comp benefits, but $6,000 (max) has since been made to him, so I am assuming that the verification was completed. The crazy thing is, the Lump Sum payment from SSDI no longer appears on their website as having been paid to me. They are only reporting the monthly payment.

Workers Comp had wanted me to find sedentary work and at one time, I had a Work Advocate assigned to me who helped me look for employment. Once he heard that I received approval for SSDI, he notified Workers Comp to close out my case. At this point, I continue to receive my full Workers Comp pay.

1) Can someone please tell me if the Lump Sum SSDI payment is mine to keep? 2) How can I tell whether or not SSDI already adjusted the Lump Sum payment to comply with the 80% rule? 3) Would SSDI have paid my Attorney if their calculations weren't correct? 4) If the LUMP SUM payment amount is a mistake, will either SSDI or Workers Comp come back to me for any overpayments? If so, how long will it take to hear from them. It has already been two months since my approval. 5) Won't they also have to request reimbursement from my Attorney? 6) Will I remain on Workers Comp indefinitely since SSDI determined that I can't work, or will they offer me a settlement?

[1171]

what did the local social security rep say when you contacted them?

this site or no anonymous stranger can access your social security account information. and it would be a serious violation to do so.
there is no time limit on correcting SS payment errors.
if there has been an error, they can stop your benefits so use the $$ with that in mind.

[CZA1225]

When I contacted my local SS rep, she felt that there was an overpayment, but said that the payment had been issued from their Payment Center, and that my folder had not yet been sent to them. She is the one that told me that there was a hold on my Attorney's payment pending verification of Workers Comp, and she was also able to verify that I had made them aware in 2011 on my SSDI application paperwork that I had reported receiving Workers Comp. She said the Payment Center should have been aware of it when they issued my Lump Sum payment. That is why I asked in my question #2 how I can tell if the Lump Sum payment was already adjusted to comply with the 80% rule. Everyone I talk to is telling me that I should hold onto the money, let it earn interest (which the SS Rep said was mine to keep) until SSDI or Workers Comp figures it out.

I've also been told that when SS issues your Attorney his payment, that means all verifications/accuracy, etc., have been completed, which is an indication that the money is mine and that the amount they paid me/are paying me monthly, is correct.

[1171]

there could be two or more mistakes: failure to account for the comp $$ and failure to find the error.
obviously someone cannot tell you if they made a mistake before they've discovered it so there is no way to know for sure whether there are multiple mistakes or none at all.
you can ask SS what their collection policy is when they do discover over payments. that way you can be prepared if it happens.
also you can request that SS audit your account; that may give you some peace of mind.
followup any verbal contact with written confirmation-save a copy.

[CZA1225]

I'm hoping there is no mistake. I could really use the money! I just wish there was some way I could verify on my own without raising any red flags. I don't want anything that isn't mine, but for the past three years I have really been struggling financially and the money I'm receiving is finally taking the horrible stress that I've been living under away.

My last full year salary was $60,000. I understand that I can only receive 80% of that from SSDI and Workers Comp combined. That means my total monthly benefit combined should be around $4,800 gross. Right now I'm getting about $5,250 gross, so that tells me that I am not being paid correctly.

Do you know if the Lump Sum payment also has to be based on the 80% rule?

[1171]

generally they pro-rate the lump sum as if was paid incrementally but it depends on the settlement wording.