I am 62 years old and was receiving Workers Comp and Social Security Disability. Social Security called and is considering me still disabled but changing me to Social Security Retirement in order for me to get more benefits. Is this change going to affect my Workers Comp payments?
Lawrence R. ChabanWorkers' Compensation LawyerPittsburgh, PA ·
As soon as you convert from SSD to SSR then WC will be entitled to the offset. It could result in you receiving less benefits now, but may otherwise be a wash. You should consult with a certified Workers' Compensation specialist to see which option may be best for you.
Yes! If you take Social Security Retirement it can severely reduce your workers' compensation benefits presently and even more significantly into the future leading to a smaller lump sum settlement if that is how your case is to resolve itself. Consult with an attorney directly before you take such action. Good luck!
As indicated by the other answers here social security will affect your workers compensation benefits. You may want to discuss this with a social security atty to see if you have any say in whether they delay the change.
Terence Sean McGrawWorkers' Compensation LawyerBlue Bell, PA ·
At present, SSD is reducing your SSD benefit because of WC. They are offering to change your benefit to an EARLY retirement benefit, which is less than you would get if you wait until full retirement age. Because the WC offset does not apply to SS retirement benefits, You would get more form SS and it looks like more cash flow at first.
But wait! When you get retirement benefits, WC gets a credit for 50% of the retirement benefit and offsets that against your WC (Unless you were injured before 1996). Therefore, WC reduces the amount of money it is paying you when SS increases its benefit amount. So its not such a great deal after all, especially because you may get stuck with the reduced early retirement benefit amount for the remainder of your life.
You are most likely better off sticking with current payment scheme and talking to a certified WC lawyer about how to use settlement of your WC claim to maximize your benefits. You should not do anything before talking to a WC/SSD lawyer who can run the numbers with you and show you all; your options. Until you know all your options, you will be flying blind.
Geoffrey HillsbergWorkers' Compensation LawyerMedia, PA ·
Yes, this will effect your Workers' Compensation Benefits. You should consult your attorney to ensure that you understand exactly what the impact is. IF you do not have an attorney, you should retain one as soon as possible.
You will want to contact an experienced workers' compensation attorney or an attorney who works with Social Security claims before you make any changes. Any changes that you make may impact your workers' compensation benefits.
