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SSDI Overpayment
#11
I have appointment this Thrusday with my Social Security Attorney. I reviewed the 7 page letter from SS today, they show figures that they say were my previous monthly payment amount and they also show numbers they say was my previous wc payments. None of their figures match up to any amounts I have ever received. It will be good to see if he can explain to me how they came up with the numbers they are using in the letter. I just hope he can do something about my future monthly amount, I can not afford to loose
one thousand and forty nine dollars a month for the next 7 years. That does add up to a bunch of money that I will not get to run this house on.
Cervical Fusion 2003, c5-c6. Herniated and damaged Disc L1- L4-L5 S1. Lumbar Spinal Cord stimulator implant 09-2008. Cervical ACDF revision with hardware c4-c5-c6-c7 Sept 2009.
SSDI approved 3-2010. NOW OFFICIALY RETIRED
 
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#12
(09-01-2014, 01:17 PM)Cervical_Fusion Wrote:
(08-30-2014, 06:13 PM)bronco54501 Wrote: C-F, I thought you went to court and they found you 100% disabled..

Before I settled my attorney went over the procedure if we ended up letting the judge decide... If I was to win the employers ins company was going to fund a annuity big enough to be able to fund me equal to what my ttd was. As with me I still remain without ssdi, but if I would have had it there was not going to be any back pay in the wording but just a 1 time up front cash equal to what the back pay would have been. This was to just offset it for the 1 year pay out..... Sounds crooked but most wordings are when lawyers are involved....

Bronco we did go to court and I was found 100 percent disabled. They had to restart the workmans comp bi weekly checks, They had to give me 4 yrs back pay, SS is wanting their share of the back pay. This is all because of the offset and the 80% rule they have. They are also decreasing my monthly SS payment by 1000 dollars a month. This will go on until I reach full retirement age. SO my suggestion to others is if you can settle your workmans comp before you apply for SS, it would be to your benefit financially to do so. So you do not end up in a situation like I am in. I have the papers appeal this, I need to get them ready today so I am see the attorney in the next couple of days to see what he feels he can do for me.

I settles my WC case and I was on SSDI for 6+ Years and WC pay at the same time. Your problem is you received WC back pay check of $50k in a lump sum. It should have had the spread language instilled in that back pay basically sayng this 50K is for 4 years back pay at $ a month.

Your case is unique in that you won a big back pay check from WC. Before your Attorney agreed to it he should have had the spread language instilled in the agreement then SS would have to honor that.

I had the spread language in my Indemnity settlememt which was spread over my life span of 26 years. I did not owe SSA a penny.

Can you use spread language in back pay for SSA? I would definitely question my Attorney about this.

Under most circumstances, If a WC patient feels they are disabled and have been out of work for a year, They should apply ASAP. Most will not receive a back pay check from WC.


Had a car wreck in 2003 while on the job. Settled in Jan. 2012 with Indemnity pay and a MSA. Approved for SSDI in March 2006. Was declared PTD at IME in 2009. Took approx 3 years to finalize the WC settlement. ALWAYS use spread language when settling Indemnity or SSA will nail your fanny.
 
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#13
(09-01-2014, 01:17 PM)Cervical_Fusion Wrote:
(08-30-2014, 06:13 PM)bronco54501 Wrote: C-F, I thought you went to court and they found you 100% disabled..

Before I settled my attorney went over the procedure if we ended up letting the judge decide... If I was to win the employers ins company was going to fund a annuity big enough to be able to fund me equal to what my ttd was. As with me I still remain without ssdi, but if I would have had it there was not going to be any back pay in the wording but just a 1 time up front cash equal to what the back pay would have been. This was to just offset it for the 1 year pay out..... Sounds crooked but most wordings are when lawyers are involved....

Bronco we did go to court and I was found 100 percent disabled. They had to restart the workmans comp bi weekly checks, They had to give me 4 yrs back pay, SS is wanting their share of the back pay. This is all because of the offset and the 80% rule they have. They are also decreasing my monthly SS payment by 1000 dollars a month. This will go on until I reach full retirement age. SO my suggestion to others is if you can settle your workmans comp before you apply for SS, it would be to your benefit financially to do so. So you do not end up in a situation like I am in. I have the papers appeal this, I need to get them ready today so I am see the attorney in the next couple of days to see what he feels he can do for me.

I settled my WC case and I was on SSDI for 6+ Years and WC pay at the same time. Your problem is you received WC back pay check of $50k in a lump sum. It should have had the spread language instilled in that back pay basically sayng this 50K is for 4 years back pay at $ a month.

Your case is unique in that you won a big back pay check from WC. Before your Attorney agreed to it he should have had the spread language instilled in the agreement then SS would have to honor that.

I had the spread language in my Indemnity settlement which was spread over my life span of 26 years. I did not owe SSA a penny.

Can you use spread language in back pay for WC back pay? I would definitely question my Attorney about this.

Under most circumstances, If a WC patient feels they are disabled and have been out of work for a year, They should apply ASAP. Most will not receive a back pay check from WC.

The 80% rule stinks but all must do this. What I am talking about is your WC back pay for 4 years and SSA getting a part of that. That could have been avoided by your Attorney IMO.




Had a car wreck in 2003 while on the job. Settled in Jan. 2012 with Indemnity pay and a MSA. Approved for SSDI in March 2006. Was declared PTD at IME in 2009. Took approx 3 years to finalize the WC settlement. ALWAYS use spread language when settling Indemnity or SSA will nail your fanny.
 
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#14
Fatboy I do wish there was a way to spread that lump sum payment out over my life time. There is no way to do it.
They will not spread a lump sum backpay of Per, Total Disability out like that. That can only be done if you are settling your claim. I did not settle my claim, they agreed to let me have Per. Total Disability.
They stopped the settlement talks because it was going to cost them too much, way too much to continue settle with me.
So my attorney and I took what we could and filed for total disability.
But I have my SS Attorney working on it, we have appealed it all and that will freeze it right now, and by doing so I will not have to write the check to SS and the 80 percent rule is on hold, we will go before a judge and the attorney thinks the judge will allows to spread that back pay to be spread out over my life time.
Cervical Fusion 2003, c5-c6. Herniated and damaged Disc L1- L4-L5 S1. Lumbar Spinal Cord stimulator implant 09-2008. Cervical ACDF revision with hardware c4-c5-c6-c7 Sept 2009.
SSDI approved 3-2010. NOW OFFICIALY RETIRED
 
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#15
If you were overpaid Social Security Disability Insurance (SSDI) benefits and are currently receiving SSDI benefits, the SSA will withhold the full amount of your benefit check each month until the overpayment is paid off. The withholding will start 30 days after you receive the notice of overpayment.
 
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#16
Hopefully your attorney can find a loop hole.
 
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