Should I settle my workers comp case?
After being denied twice for Social Security disability.I finally won my case last week.My only income has been workers comp since I was hurt on the job in 2006.Should I now settle my workers comp case?
Also the ssd judge ruled I have been disabled since my accident in 2006.Can my workers comp lawyer use this to get more money for me and or can he now use my disability letter to prove to workers comp I have been under paid benefits? Workers comp has been paying me at the lowest rate since 2006.
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the settlement from WC is based on state guidelines and your average income at the time of the injury. the WC settlement will be increased based on a formula that takes in to account the fact that you are permanently unable to return to your previous job. you definitely need to address the WC issue and resolve it as soon as possible…. your being declared disabled by SSA will most likely expedite your settlement and will be considered when the settlement amount is determined….
has your doctor determined you have reached MMI (maximum medical improvement)?
has your PPD percentage (partial permanent disability) been set?
has your doctor, employer or insurance carrier talked about you taking a FCE (functional capacity exam)? the FCE will most likely NOT be done now since SSA has determined you can NOT work at any job that currently exist in the economy.
you need to understand that your SSDI is going to be reduced because of the WC, SSA will take an “off-set” for the WC you have received and will continue to receive.
an issue you must be aware of and consider is WC is NOT taxable income BUT the off-set that SSA takes IS taxable…. so basically you will have to pay tax on the WC (that was not taxable) because SSA is NOT paying it to you………
make sure your WC attorney (if you have one) and you SS attorney are communicating. if you don’t have an attorney for your WC be sure your SS attorney explains how your SSDI benefits are effected and are going to be affected by the WC benefits you are currently receiving and any settlement you may receive……
WC and SSDI do not play well together, you are not going to get a big windfall out of this and may end up paying income tax on money you thought was not taxable….. your SSDI back pay is also going to be MUCH less then you have been thinking because of the WC off-set the SSA is going to be taking out of all those back months of benefits…..
EDIT:
almost forgot……..
YES you should settle your WC case.
you can NOT double dip…. what you receive from WC is going to decrease what you get from SSDI and the WC benefits are going to become taxable due to the fact that the SSA is taking them as an off-set.
so, get this settled as soon as possible
Being awarded SSDI has NOTHING TO DO with your work comp claim.
NOTHING> THis will NOT increase your comp award, nor have any
affect on any past benefits paid. SSDI and WC are NOT related but
for the SSDI and WC benefits being cause for offset to the amount
of your SSDI award. The taxable information above is NOT true. WC
benefits are NOT taxable at federal or state level. Only your
SSA/SSDI benefits MAY be taxable due to other income. You cannot
force a settlement to the comp claim. You must now take Medicare
interests into consideration when you close the medical coverage in
the WC claim, that may include the need for a Workers Compensation
Setaside Arrangement. Among other issues/benefits, this could cause
delay in resolution of the comp claim. The offset amount of your
SSDI/WC benefits is NOT taxable income. Sorry, but the information
in that post is not correct and is truly misleading. I have been
receiving SSDI and WC benefits since 1997 and have NEVER paid taxes
once. PLEASE do not tell people these benefits are taxable… it’s
simply NOT TRUE>
I have had my claim in now for 3 plus years have not been paid a
dime I have a strong evaluation from the QME and just been awarded
SSD going back two and a half years. Yet my Lawyer will not get
aggressive I have talked until I’ am blue in the face how can I
push him