Legal Question in Workers Comp in Connecticut
Workman's comp & SS
I have been out of work and collecting workman's comp for an injury at work and now facing another surgery. In the mean time, I had applied for SS disability for another life long illness seperate from this and have been approved. SS has asked for copies of comp. checks. Would one cancel out the other? If comp.s check are more than SS would that cancel out SS, or the other way around? If it did would I have to reapply for SS disability again after workman's comp. stops? I no you can't get both, but eventually comp will stop? How does this process work, no settlement has been offered and how would that effect SS disability?
SS disability has not started yet.
1 Answer from Attorneys
Re: Workman's comp & SS
You should be aware of 3 things. (1) Your monthly Soc. Sec. check will be reduced or eliminated. The total of your Soc. Sec. and Workers Comp cannot be more than 80% of your average monthly earnings. (2) If you settle your case, the settlement should contain certain language to minimze the amount of the reduction of your Soc. Sec. check. A properly drafted agreement can often result in you receiving your entire Soc. Sec. check along with the entire settlement net proceeds. (3) Your settlement agreement most likely will require that a certain amount be set aside to cover potential future medical bills that would otherwise be paid by Medicare. This is a complex area of law. Our office has many years of experience with both Social Security Disability and Workers Compensation. Feel free to call to discuss this further (office 860.236.9350, mobile 860.977.0660).