pro-rating a wc settlement for ssdi

[halftrak]

I am so confused about this, it's driving me nuts, can anyone explain to me how they figure this out.Say you settle with wc for a lump sum,you start getting ssdi but they reduce your monthly benefits because of this how do they come up with the reduced figures.They have my benefits screwed up from the get go.So now they are re-doing my paperwork, what happened I'll start with 2006, collected wc from jan thru may, got fired from being released on permanent light duty.settled with wc in october 2006 for a lump sum, got a backpay check in may of 2007.entitlement began in jan of 2006.ssdi checks started in june of 2007, was reduced in half of the amount i should have gotten.I understand hen you are drawing wc and ssdi you are only entitled to 80% but his is not the case here or is it still.when i got my approval letter it said my benefits were being reduced because i was drawing wc checks but i was done with drawing weekly checks.I had already settled. when i called ssa they said my paperwork is being processed and is at the payment processing center, in september the local ssa office called me and said the offset would be over on october 1st but itwas not.I hope i haven't confused anyone just need some advice or opinions HELP!!!!!!!!!!!!!!!!!!!Halftrak

[jayne]

on your paperwork from wc settlement did they prorate your settlement for life? your lawyer should have taken care of that......

[halftrak]

my lawyer was an idiot,never told me crap about anything, he didn't even know that ssa had screwed up i found the mistake.ok let me ask this so they say my paperwork is at the payment processing center how long before you find out anything i was told it would take 45 days does that sound right?if thats the case then i should know something by the middle of december.supposedly it is at the last place before you know anything under stand they have to go back over everything again, thanks for your reply

[jayne]

I dont know I am just starting this nitemare called SSDI in fact I am right now off to the rent a doc so hope for the best.....Bummer knees or Red may know

[Still in Limbo]

Halftrak, You are going to have to Pull Your Settlement Papers, and See if Your Attorney Included the "Uticka Mohawk" Language in the Settlement Figures. basically what that Means, is let's just use a Figure of 100k for Conversation and Example: If Your Life Expectancy is let's again use 30 Years, and You are Receiving 100k as a Settlement, Your Attorney should have used that Calculation in Your Agreement to Lower the Offset to SS by taking the 100k over 30 Years, or showing an Annual Income of 3,333.00 per Year, by doing that, Your SS Offset would be Minimal. Now if Your attorney did not include such Language, it's conceivable that You may not get a SS Payment for a Few Years or so, because they are going to Use that Full Amount as Usable Income for You right Now, or if You do Receive a Check it may be Very Small. You really need to know How that Settlement Agreement was Worded, before You can find the Answer You are looking For! I Hope the Attorney did this Correctly, and best of Luck!!

[halftrak]

hey guys I was piddling around online and found phone numbers you can actually call to the claims adjuster and benefits authorizers to find out about your ssdi info while it is at the payment processing centers will try to call them tomorrow.I'll let you know if I run into more brick walls,think I'll call my lawyer tomorrow too and get copies of my wc settlement,Thanks for all your opinions. anyone needs those numbers let me know, Halftrak