Legal Question in Social Security Law in California

Calif comp and social security

hi my boyfriend who was hurt at work and started to get soc sec is now being told he has to pay the soc sec back for getting workmans comp.

does anyone know what this new law is and will he loose his social securaty for he does not get that much on comp?

thank you


Asked on 3/21/08, 8:58 pm

1 Answer from Attorneys

MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Calif comp and social security

Hello:

It has long been the law that "income" from one or more sources may have an impact upon one's continued ability to receive Social Security Disability benefits.

It appears that your boyfriend qualified for Soc Sec benefits (unable to be meaningfully or gainfuly employed for 1 year or more) and while receiving the benefits, began to receive some WCAB benefits.

Work Comp benefits generally are in the temporary total disability category and thereafter as a permanent disability (compensation) payout for the loss of the ability to remain in the workforce.

You did not specify if the SS funds are disabilty or SSI (Federal welfare type monies) that are dependent upon need and one's expenses.

As far as a payment from both sources, yes, there may have to be a repayment for a twice collected or double benefit.

I hope this has been helpful

Sincerely,

Mark Geyer

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Answered on 3/24/08, 6:43 pm


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