SSDI and Workcomp offsset arrg so frustating.

[yoda]

:( Help, if anyone knows what else I should do, please reply.


My husband was approved at alj hearing in 6-05, after all confusion with workcomp calculations, calling and talking with ss worker at baltimore office recieved 1st check in 3-06 but to my surprise. ssdi was offset an additional 5 years of work comp for which my husband has not recieved.

(currently in litigation to get re-entitlement to work comp ttd benefits). SS has offset him by over 100,000.

I appealed their decision because they said they over paid him 2000.00 and I also asked that they explain the calculation they had used. Because he should have had NO offset as of 1-02 they went back to disability start date of 11-98

When I talked with the worker in the baltimore ssa office she said the check amount has to go one step higher because back pay was going to be over 50,000.00. she had benefits to normal amount with no offset as off 1-02,

But when it went to other higher office they put workcomp offset on entire amount. and gave my children only cost of living raise amount for that time, no ssdi benfits for them. (They were also taken in the offset.

I have still not heard any thing, I asked for this review and calculations back in 5-06,it is now 11-06 what is their problem. I am so frustrated, tax time is just around the corner, this amount of affset will give me an astronomical tax bill for an offset of workcomp we never recieved. arrrg someone please help.

thanks in advance, yoda

[annie]

all i can offer is a hug

((((yoda))))

[DiMarie]

Yoda,
Are you still battling w/c or did you settle?
If your husband does not have an attorney you may need to consult one now.

If he has not received any w/c checks, I do not know why to offset now? Unless he took a settlement, did he? If he did was it a lump sum payment but structured in the language for a lifetime?

Just remember to have the attorney structure the settlement over the life time to decress the offset for SSDI benefits. You receive the lump sum, but it is written in a structured lanugage. This is the minimal impact on your benefits. In my case I received the lump sum, but the structure over my lifetime came to a few dollars a month. IF not, I would not have received any SSDI befits for 5 years by their own calcualations.

Also the amount paid to an attorney during a settlement is deducted from the SSDI calculations too.

Di

[Dabbadoo7]

Either I didn't understand you, or something is not right.

SSDI can not take an offset for monies not yet received. Different story when he gets it, but not until then.

You need to get an atty to sort out things.

Also, your atty. doesn't neccesarily have the option of structuring the settlement. That is entirely up to Comp., and they don't like to do it, because it costs them a bit more to settle. But, (and I know from experience), it is highly unlikely that all benefits will be wiped out from any settlements.

Please, talk to an atty., so that the matter doesn't drag out for years.

Dabbadoo

[yoda]

This is kinda long, Sorry.
Tried to make long story short. But I guess it was too short.

Here goes.
Hubby got hurt at work 11-98, w/c started no question about injury at work. 3-99 w/c has his Dr release him against better judgement back to work, only to be re-injured. off work again 4-99. w/c payments have to be obtained through attorney. recvd 8-99 court ordered,back to 4-99 they stop and start thru 1-02.constantly going to court w/c pain in the **s,
or shall I say the adjuster thought he was the owner of the ins co.
w/c comp stopped his ttd in 1-02 said hubby not co-operating with voc rehab
attorney and work logs show otherwise. back to court continued continued continued. Fired attorney got new one , they said this he said that, opps w/c goes BANKRUPT!!!. in 2003. state guarantee fund takes over right from the same place work comp ended, still no ttd just court date after court date status hearings and same old nothing.
Applied for ssdi in 01 while receiving ttd. denied and did reconsideration denied again,
hubby was too depressed by this time and did not pusue after 2nd denial.
I guess he thought he would eventually heal. but has'nt.

By 1-02 ttd were abruptly stopped and ssa did not know this, as far as they (ssa) knew he was getting ttd at time of application.

We again applied for disability in 2003 and were denied, reconsideration also
denied. This time I talked to a ssdi attorney, got alj hearing 18 months later .
Husband was approved at hearing it took 9 months to recieve the first check.
The alj re-opened his origional application of 01 and amened it to state he should have been approved at that time.
In the mean time his 2nd application had info that w/c entitlement had stopped and was currentky in litigation.

When my husband was approved and paperwork went to Baltimore for back pay calculation, one of the calculating persons in Baltimore had called my SSDI attorney for info about w/c. Attorney called me and gave me the persons name and phone # in Baltimore to call and give them info they were looking for.
I called and talked to them they actually had this info but did not see it, it was on cd, I had a copy of paper transcript. they found info on cd, they apologized for the delay, this person called me back 2 days later (from Baltimore) and went over monthly amounts of back pay and calculaton of offset, through the month ttd stopped. stating that they would not offset w/c from that month 1-02 on until or unless my husband had gotten re entitlement to his ttd.

This was fine we did all calculations and came up with amount of back pay through 11-05 cause that was when they did calculation to when they called and regular checks would start shortly, but it had to go up to a higher office to verify calculations because they would be over $50,000.00.
I recvd the back pay 6 months later and they were under $50,000.00
applied for children benefits at this tiome, was told calculations had to be done for 3 kids who were now 23,18,12. two older ones had to apply themselves, because they were now over 18. ( but they were 18,13,8)
at the time of origional application.
oldest one got a ck for $40. was 18 and grad h.s. in 6-01
next one got a ck for $2000.00 (this is supposed to be back pay for 5 yrs. ssa said these are the cost of living adjustments for those years and that was all they get. what a nightmare.
I have sinced asked them to send me the calculations they used to get these numbers. because there is no ttd offset as of 1-02 he does not get any ttd and has not settled his case as of yet. He goes to work comp trial end of this month 11-06

hopefully this explains more detail.
did not settle and does not revieve ttd at this time.

yoda