04-26-2014, 11:09 AM
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?
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?