Posts: 4
Threads: 1
Joined: Oct 2015
So I understand how the offset works with ssdi while receiving WC benefits. Since I receive WC benefits from CO, a reverse offset state, From what I understand it is WC that is offset instead of SSDI. Guess the question is the back pay from SSDI, as it took just under 3 yrs to get approved, if the offset is not applied to the ssdi side of things, wouldn't that cause an overpayment on the WC side of things. Have not received my benefits amount yet from SSDI, but trying to ahead on things so I am not caught with my pants down so to speak.
Posts: 10,463
Threads: 85
Joined: Apr 2007
If the state offsets SSDI, the comp payments are capped so you don't exceed the 80% total limit.
https://www.ssa.gov/pubs/EN-05-10018.pdf
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
Posts: 10,463
Threads: 85
Joined: Apr 2007
Glad I could help.
Thankx for posting.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
Posts: 4
Threads: 1
Joined: Oct 2015
(06-05-2018, 11:19 AM)1171 Wrote: If the state offsets SSDI, the comp payments are capped so you don't exceed the 80% total limit.
https://www.ssa.gov/pubs/EN-05-10018.pdf
I guess I am confused, I get the 80% part. In my case since I receive WC in CO the SSDI does not get offset, but the WC does. But I am wondering does SS communicate with my WC to address the overpayment from them as I received WC for nearly 3 years prior to being approved for SSDI. In a majority of states the SSDI would just be offset to put you at the 80%. I believe there are 13 states that are reverse offset. Have also read that in CO that if the WC is notified within 20 days of you receiving payment from other entities such as SSDI that they can only get back the overpayment at the rate they overpaid it. Makes more sense for them to just get it out of the backpay from SSDI. But wasn't to sure how that works since SSDI was not the one doing the offset.
Posts: 10,463
Threads: 85
Joined: Apr 2007
I don,t know the rules for handling retroactive SSDI offsets for each of the reverse offset states.
You can try contacting Colorado DWC directly:
https://www.colorado.gov/pacific/cdle/node/19931
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
Posts: 4
Threads: 1
Joined: Oct 2015
Thanks for the info. I just found out, well as it stands I received my full benefit amount as well as the full back pay. So now I am waiting for a call from my WC attorney, I did email them and ask them pretty much the same question.
Posts: 10,463
Threads: 85
Joined: Apr 2007
(06-06-2018, 11:31 AM)farmboy Wrote: Thanks for the info. I just found out, well as it stands I received my full benefit amount as well as the full back pay. So now I am waiting for a call from my WC attorney, I did email them and ask them pretty much the same question.
So you are overpaid. It's likely the state will reduce any permanent disability you may awarded in the future.
I'm surprised they didn't notify you when TTD first started about possibility of repayment should you receive other payments in the future for the same period.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
Posts: 4
Threads: 1
Joined: Oct 2015
(06-06-2018, 12:03 PM)1171 Wrote: (06-06-2018, 11:31 AM)farmboy Wrote: Thanks for the info. I just found out, well as it stands I received my full benefit amount as well as the full back pay. So now I am waiting for a call from my WC attorney, I did email them and ask them pretty much the same question.
So you are overpaid. It's likely the state will reduce any permanent disability you may awarded in the future.
I'm surprised they didn't notify you when TTD first started about possibility of repayment should you receive other payments in the future for the same period.
As of this morning yes I am Overpaid. I do have attorneys for both SS and WC, asked all these questions prior to being approved, never really got a straight answer from them. Granted after my injury we relocated to AZ from CO, even though I filed for SSDI in CO my appeals were filed in AZ. Understandably my SS attorney normally deals with the normal offset of SSDI rather than reverse offset. I do know that most likely I will receive a settlement from WC (loss of limb), so wasn't sure if they would just say they deduct the overpayment from the settlement, take it from the overpayment or how it would work. Granted since I have an Attorney for WC, WC wont communicate directly with me.
