QUESTION
Can Social Security Administration reduce my benefits for an old worker''s comp claim over 3 years old?
Asked on Feb 05th, 2012 on Social Security Disability - California
More details to this question:
I''ve been receiving SSDI since 2004. At that time I was trying to sue my (ex) employer''s Worker Comp Insurance carrier.
I won a partial portion of the suit and received monies up until 2008, while receiving SSDI. Recently I received a letter from Soc. Sec. asking me for info on my workers comp claim and they may reduce my pmts. My Attorney can''t be found and I don''t have records from 4 to 8 years ago. I''m petrified that they''ll reduce my pmts.
1 ANSWER
I am sorry for your fear and encourage you to act quickly.
The State you lived in when you were injured should have records at the Court for your settlement. Hopefully, it will include both the attorney fee and expenses, as those amounts that you paid to get your settlement are not used when calculating the offset. Also, the State Bar Association where you were injured should have information of the whereabouts of your work comp attorney. Lawyers.com would be another way to seek that lawyer as well as a simple GOOGLE search.
By law, SSA can and will offset your benefits if you received more than "80 percent of your average pre-injury/illness earnings." For more information, click here. I recommend that you seek legal counsel and negotiate a monthly payment amount to pay back what you can handle.
Good luck.
Answered on Feb 24th, 2012 at 8:18 AM