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w/c and SSDI California

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  • w/c and SSDI California

    Can anyone tell me how a w/c settlement will effect my SSDI. I am going to settle my w/c claim for $15,000.00 minus fees and I am currently on SSDI for an unrelated illness.
    (Compromise and Release)

    Sandra

  • #2
    Do you not have an attorney representing you in this settlement? He/she should be able to answer this question.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Sandra, yes, if the settlement is not worded correctly it can have an effect on your monthly SSDI benefit. Your WC settlement should be worded in such a way as to pro-rate or spread the lump sum settlement over a period of time so SSDI does not off-set or reduce that benefit. This settlement wording, so called "Utica MoHawk" or "Hartman Language" should be used in your WC settlement.

      I trust your WC attorney is aware of you being on SSDI, if not you need to make them aware of this before entering into that final settlement. He/she should make sure your settlement is worded correctly so as to "protect" your SSDI benefits from a big "off set" for the WC money. Make sure "the language" has not been overlooked. See here for more information:

      http://www.socialsecurity.gov/pubs/10018.html#how

      In settling a WC claim where SSDI is involved or might be involved within 30 months Medicare's interest must be considered if you have closed the medical portion of your claim with WC. It sounds like you likely are closing with the C&R. See here for the explanation:

      http://www.cms.hhs.gov/WorkersCompAg...wcsetaside.asp
      Last edited by BnThrDnTht; 08-08-2007, 07:00 AM.

      Comment


      • #4
        The following link has a good article on how the set asides work and is in layman's terms 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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