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SSDI and WC Georgia

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  • SSDI and WC Georgia

    Does the set-aside for SSDI apply if you get a WC settlement before you get on SSDI? My LTD has hired a comp to do paperwork for SSDI; I have already been turned down once. Does the time start at application or approval of SSDI? I have 3 more surgeries pending before anymore settlement talks so that shouldn't be a problem. WC will not leave medicals open. Any thoughts or comments is appreciated.

  • #2
    It does not matter which comes first so long as it results in an overlap of payments. If you were to have settled a claim ten years ago and that settlement was complete (meaning that you are no longer receiving any money asa result), the fact that you now are eligible for SSDI would be a non-issue. http://www.jjcelderlaw.com/SSDIOffsetMSABull.htm
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Originally posted by genegene View Post
      Does the set-aside for SSDI apply if you get a WC settlement before you get on SSDI? My LTD has hired a comp to do paperwork for SSDI; I have already been turned down once. Does the time start at application or approval of SSDI? I have 3 more surgeries pending before anymore settlement talks so that shouldn't be a problem. WC will not leave medicals open. Any thoughts or comments is appreciated.
      I think you mean the "offset."

      Social Security will apply an offset no matter when you get approved. If back benefits are owing, SSA will deduct for workers' comp received. If receiving WC, SSA will deduct. If settled, SSA will deduct the amount of income benefits spread over your life expectancy (your lawyer will make certain the "Hartman Language" is included in the WC settlement so SSA will do this).
      Any advice provided does not create an attorney-client relationship. This is a public forum and therefore no confidentiality is assured. Attorney Joel Grist does not enter into an attorney-client relationship without a written representation agreement.

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      • #4
        2 surgeries pending

        Long Term Disability hired a comp to get me on SSDI and they already have a claim on any back pay I might receive if I ever get on SSDI. Does that mean I will have to pay again? I swear they're too many fingers trying to get in a pie that has not been cut yet.

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        • #5
          Originally posted by genegene View Post
          Long Term Disability hired a comp to get me on SSDI and they already have a claim on any back pay I might receive if I ever get on SSDI. Does that mean I will have to pay again? I swear they're too many fingers trying to get in a pie that has not been cut yet.
          "Comp" is a company, right? With workers' comp in issue, I want to be sure - I have to do a double-take every time I read that.

          USUALLY when LTD hires an attorney or rep or gets a company to help you, or if you get your own attorney, you will get credit for the attorneys fees paid from your back pay - so you won't be penalized for having another finger in the pie.

          On paying back the LTD carrier from an award of back benefits from SSA - there is emerging case law in this area. You may not have to pay it back. The explanation is long and complicated, but basically the interaction of three cases (Knudson, Sereboff, and Popowski) along with the statute that says you can't recover from Social Security funds, come into play and you should ask your lawyer about it. The company the LTD carrier has helping you, I wouldn't expect them to look out for you when it comes to reimbursement issues.
          Any advice provided does not create an attorney-client relationship. This is a public forum and therefore no confidentiality is assured. Attorney Joel Grist does not enter into an attorney-client relationship without a written representation agreement.

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          • #6
            2 surgeries pending

            Thanks. That is very interesting. I wonder if they change the law if it will be retroactive. This company has been on my case since December. I didn't want on SSDI to start with I wanted to get retrained and go back to work eventually but they said I had to sign up. Its not fair that they get the back pay if I didn't want it to start with. All this is doing is letting the LTD off the hook and I am having to pay them for hiring this company. Makes about as much sense as some of this other stuff I have encountered since I went on WC. They said I would have to pay back all the had paid me (100.00 amonth) from the back pay.

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            • #7
              No one can force you to file for SSDI. If you do not wish to do so, don't. However, if the LTD policy has run its course and you aren't happy with just the 2/3 that WC pays, then you are out of other options.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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              • #8
                Originally posted by ElleMD View Post
                No one can force you to file for SSDI. If you do not wish to do so, don't. However, if the LTD policy has run its course and you aren't happy with just the 2/3 that WC pays, then you are out of other options.
                Every LTD policy I have ever heard of REQUIRES the benficiary to pursue an SSDI claim.

                Some of the time, they even own the company that helps the beneficiary get SSA. UnumProvident owns Genex, for instance.
                Any advice provided does not create an attorney-client relationship. This is a public forum and therefore no confidentiality is assured. Attorney Joel Grist does not enter into an attorney-client relationship without a written representation agreement.

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                • #9
                  This is why I stated that the OP should be prepared to accept only what WC pays if they do not desire to file a SSDI claim, but no one can force you to file if you don't wish to.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                  • #10
                    Originally posted by ElleMD View Post
                    This is why I stated that the OP should be prepared to accept only what WC pays if they do not desire to file a SSDI claim, but no one can force you to file if you don't wish to.
                    I didn't mean to make you defensive, I just wanted the OP to understand that there may be intolerable consequences to one course of action. Obviously no one can "make" someone else do something like pursue a claim, but that is not really helpful. What isn't explicit in outlining that as a choice is that there are consequences to that choice that are likely untenable beyond even losing all but WC - including losing the minimum monthly payment the LTD carrier must provide.
                    Any advice provided does not create an attorney-client relationship. This is a public forum and therefore no confidentiality is assured. Attorney Joel Grist does not enter into an attorney-client relationship without a written representation agreement.

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                    • #11
                      2 surgeries pending

                      I understand that they wanted me on SSDI before I settled with WC because if not they would have to pay their whole amount that they offset for WC. They also said that it is a requirement or lose the LTD but also said that I had to pay the LTD insurance comp back what they had paid me out of the backpay (if I get it). I don't understand having to pay an insurance comp back for their benefits.
                      I mainly didn't want to have to pay the LTD back out of any WC I might get and that is what was hinted. Maybe it was just another scare tactic...I have had alot of them. My attorney told me it wouldn't hurt anything to sign up and now I am being told to stop the proceedings. LTD hired comp said if I did I would be responsible for payment...

                      Comment

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