settlement from Worker’s comp?
I will begin receiving Social Security disability payments in January. There is a possibility of a settlement from Worker’s Comp also, for the months I have been out of work. I have been advised to get a lawyer for the hearing. I know that he will get a percentage of any settlement I may win, and the settlement will be deducted from my SSD pauments, but will the lawyer fee also be deducted from the SSd?
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Is the lawyer helping you with your disability approval? You should not have to pay him any portion of your SSD if he didn’t, and he can only get a percentage of any *back* SSD payments, not any future ones. I can’t remember the percentage off the top of my head, but the Social Security Administration has a cap on the amount an attorney can receive.
Your SSDI lawyer will get paid from the SSDI payment.
You should NOT settle the comp claim until you have addressed the
potential need of a WCMSA/WC Medicare Setaside Arrangement. You
will be Medicare eligible within 30 months of any settlement that
closes out the medical benefits in the comp claim. The the triggers
are there that require a MSA…you could face up to $1000/DAY in
penalties if you ignore Medicare interests in the settlement. Your
IC CA/claims adjuster should have to sign a SSA/CMS release of
information form to determine your status. All of this should be
done before you negotiate any settlement to the comp claim. Don’t
rely on your atty for this…many don’t want to get involved in
SSA/SSDI issues… these complicate the comp claim settlement and
can prolong things for quite some time. That doesn’t relieve you
from the obligation though.