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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27977
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Im on LTD for a year now also have an open work comp case. Ltd is forcing me to appl

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I'm on LTD for a year now also have an open work comp case. Ltd is forcing me to apply for SSDI otherwise they will stop my ltd if I didn't comply. Can SSDI tap into my work comp settelment once case is closed/settelled. what are my rights?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good morning Rita,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

A long term disability insurance company may legally provide that eligible payment recipients apply for SSDI when they are eligible, and this is often a requirement written into the policy.

Yes, the receipt of workers' compensation benefits does have an affect on the SSDI that you will receive.

The 1965 Social Security Amendments required that Disability Insurance benefits be reduced when the worker is also eligible for periodic or lump-sum workers' compensation payments, so that the combined amount of workers' compensation and Social Security disability benefits does not exceed 80 percent of the worker's average current earnings. The combined payments after the reduction, however, will never be less than the amount of total Social Security disability benefits before the reduction. Average current earnings are defined as the highest of:

1. The average monthly wage on which the unindexed disability primary insurance amount is based,

  1. The average monthly earnings from covered employment and self-employment during the highest 5 consecutive years after 1950, or
  2. The average monthly earnings in the calendar year of highest earnings from covered employment during the 5 years ending with the year in which disability began.

The lump-sum settlement can be in the form of a commutation or compromise agreement and releases the insurance company or the employer from liability. Such a settlement is a substitute for periodic payments and is subject to the offset. In this situation, the lump-sum is prorated to reflect the monthly rate that would have been paid had the lump-sum award not been made.

In order to minimize any negative effect, it is very important that the worker's compensation compromise Order contain Social Security life expectancy language. This language has no effect on the amount of the worker's compensation settlement itself; all it does is preserve Social Security benefits to the greatest extent possible. The obligations of the employer and insurance company are not changed at all by the inclusion of the language.

The necessary language is as follows, and you must demand that it be included in ANY settlement document that you sign with workers’ compensation:

After payment of the attorney's fees and costs, the claimant will receive the net amount of $____________. The mortality tables set forth in (your state) Code indicates that because the Applicant is age ______, Applicant has a life expectancy of ________ years and ______ months. The amortized monthly benefit received by the Applicant is $_____________ divided by _________ months or $_____________ per month and represents a future income replacement. This paragraph is intended for Federal Social Security purposes only and not for any other purpose.

It is very critical that when preparing the final Compromise and Release of your workers' compensation claim, that you ensure that you have a seasoned workers' compensation/social security attorney review the release and ensure that the necessary language is inserted in the release to best protect you and your future SSDI benefits so that the very minimum is subject to offset.


Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

I wish you the best in your future.

Doug

Customer: replied 1 year ago.


Thank you for your help Doug ,


Do you think I should not apply for ssdi now and wait until my work comp case is closed?


 

Expert:  LawTalk replied 1 year ago.
Good morning Rita,

It is always a good thing to apply for SSDI as soon as possible, because after you have been on it for 24 months, you automatically are eligible for MediCare which can pay the majority of any medical bills that you have. So, yes, by all means, apply for social security disability now. Don't bother to wait until your workers' compensation case is closed.

Thank you for your kind words. They are appreciated. Please keep in mind that even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

Thanks again.

Have a great day,

Doug
Customer: replied 1 year ago.

You've been quite helpful Doug, but I still need some clarification pls.


Do you think ssdi IF Approved ,can put a lean on the projected settlement of my work comp case?


 

Expert:  LawTalk replied 1 year ago.
Hi Rita,

No, there will not be a lien against your comp settlement. What will happen is that when you get your settlement, it will be prorated over a period of many years, perhaps decades, and based on that SSDI will lower your future benefits a small amount. But the permanent disability award will not be liened.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I wish you the best in your future,

Doug
Customer: replied 1 year ago.


Hi Doug,


You are comforting my worry heart , Is there any effects should I get my settlement lump sum ? So this way ssdi If Approved will not be effected ? for my LTD is privately owned , it should not matter if my disability was caused by my work or not. Right?

Expert:  LawTalk replied 1 year ago.

Rita,

Private disability won't impact your SSDI. Only workers comp. The whole idea is that a lump sum work comp settlement is in partial payment for the future losses of income due to your permanent disability. Be sure that your attorney uses the language (or acceptable language at the time of settlement if new laws are enacted between now and then) I gave you to minimize the effect on future SSDI benefits. SSDI will NOT take any of your lump sum payment---they will get a partial credit for it on future payments owed you.

The cause of your disability is not the issue here.

Doug

Customer: replied 1 year ago.


Thank you Doug, you're awesome!


Your wife must be a very lucky woman.


 

Expert:  LawTalk replied 1 year ago.

LOL Thanks Rita! Yes, she thinks she is lucky. Wink

Have a great morning,

Doug

Customer: replied 1 year ago.

I sure will keep your info on file. Is your office in LA?


Thanks againInnocent

Expert:  LawTalk replied 1 year ago.
Hi Rita,

I handle some legal work in the San Francisco Bay Area---mostly for family---in fact I will be there in two weeks, but I am not presently living in CA.

Again, thank you for your kind sentiments. Please remember that even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

Thanks again.

Have a great day,

Doug
LawTalk, Attorney
Satisfied Customers: 27977
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 3 other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Rita. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question.


Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.
Customer: replied 1 year ago.

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