In 1965 the Social Security Act was amended requiring that SSDI benefits be reduced when the injured worker is simultaneously eligible for periodic or lump-sum workers' compensation payments. The effect is that the total combined amount of workers' compensation and Social Security disability benefits can not exceed 80 percent of the worker's average current earnings. If they do, there may be a reduction of benefits.
In most instances where a client settles his/her workers compensation case, the lump sum settlement is divided over the employee's life expectancy. It's important that this language is contained in any settlement documents if you are or intend to apply for Social Security Disability benefits. This language in most cases allows you to receive a lump sum payment and most or even all of your regular Social Security Disability payment.
If you have sustained a work related injury and are or intend to receive Social Security Disability benefits, it's important to contact the attorneys of Atkinson Law Office to determine whether we can help maximize both of your benefits. We provide FREE consultations and work on a contingent basis. This means you will never personally pay us a retainer or write Atkinson Law a check for providing you with legal advice or representation in your workers compensation or Social Security Disability matter. Visit our website today at Atkinson Law Office or call 651-333-3636. Our team provides legal representation to clients across Minnesota and the surrounding states.
