Question:
Question about social security disability payments?
weezy
2015-03-11 17:23:09 UTC
I just got approved for disability for mental reasons and the date of onset that ssa established is 6/2011. I had a workers comp claim and a one time settlement for a job injury that happened in 2007 I got the lump payment in 2008. That was 3 years before my disability began for a totally different reason. So the question is will that one lump payment that happened BEFORE my disability onset date affect my back check or monthly payments? When I got approved last week they gave me amounts for both but they ended up being way off because for some reason ssa was under the impression I was getting monthly workers comp payments through and past my onset date. With that not being the case and which they know that now since they have new documents from that comp case that should raise my amounts? They are recalculating and getting back with me Friday to finalize.
Five answers:
Judith
2015-03-11 22:44:36 UTC
The reason why you got worker's comp is immaterial. You cannot receive full worker's comp and social security for the same period of time.



When a person has a WC settlement a social security employee isn't going to take the time to compute the offset unless the claim is approved - it can take one to two hours to do the comp. Why an employee would even bother with an estimate is beyond me. One of the comps encompasses figuring the period of time the WC settlement covers before they can even begin figuring it's impact on the social security benefit and the date the offset no longer applies. Once the offset no longer applies it is removed and you will receive your full social security disability benefit.



If someone is already in pay status or the claim was approved at the hearing level or higher, the offset removal takes place in the payment center which is not good news for you since it is out of the control of the local social security office. It usually takes at least 90 days for it to get processed. If it takes longer I heartily recommend that you contact your US Senator; those "congressionals" get top priority.



If the settlement took place in 2008 and your month of entitlement to social security is November or December 2011 the likelihood that the settlement would offset the SS is slim but it depends upon the amount of the settlement and what the weekly rate was (if there was a weekly rate). Sometimes those settlements can extend five years or more into the future. If you received weekly payments before the settlement then the settlement period begins the first week after the weekly payments ended. So it is entirely possible that the WC settlement will offset some of the SS.



Source: I was a social security claims rep for 32 yrs.
?
2016-10-08 16:57:38 UTC
1
?
2015-05-07 14:11:08 UTC
I applied for ssdi, & ssi in March 2013 after exhausting my Ca. State disability insurance for 12 months. The back pay judgement i got was for Feb 15th 2012( onset date) to March 2015. SSI was offset due to cashing out my 401 K in 2013, and, I was told about the 5 months hold out, and the Attorneys fees, and told how much my monthly ssdi is going to be, however... Is the SSDI pay center going to deduct away the Ca. State disabilty insurance I got from the back pay total I am going to get?
weezy
2015-03-11 17:36:24 UTC
I know they offset ssdi if getting workers comp but questions is if I'm NOT and haven't since BEFORE the disability date I don't think they can offset ssdi
2015-03-12 06:36:49 UTC
Hi so the original reason can not be compensated for now. the second reason will be seen as a second payment issue. so that is the issue things have progressed but wilt be back dated to the previous date which you have already ben paid for.

they are never that generous sorry to say.


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