Legal Question in Social Security Law in Florida

I was approved for SSDI 06/2013 and started receiving benefits 11/2013. I also received a lump-sum, workers' comp settlement (40K) 03/2013. I am unsure if the W/C settlement details were given to SSA when initially applying for SSDI.

I just received a letter from SSA requesting information about any possible W/C payments and/or lump-sum settlements. The letter specifically requests payments and/or settlements dated 11/2013 to present only. Should I instead give information about my W/C 03/2013 settlement even though the dates requested do not match?


Asked on 12/25/13, 6:40 pm

2 Answers from Attorneys

Robert McCall Law Office of Robert McCall

Social Security disability has no means test, meaning you an win the Florida Lottery and still receive your full benefits. Supplemental Security Income (SSI) has a means test. You should cooperate fully as this government never trusts anyone seeking assistance and they will check with the state data base (keeps records on all WC claims/benefits paid/ settlements). If they confirm what you tell them no problems. If you hide/misrepresent you may forfeit benefits or be charged with fraud.

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Answered on 12/26/13, 5:32 am
Thomas Shigo The Shigo Law Firm, P.A.

The Social Security Administration may offset your disability benefits if you receive workers' compensation payments. Florida is a "reverse" offset state. This means that the workers' compensation carrier can offset (receive credit for) their payments to you if you receive social security disability. Since you settled your case before you became entitled to social security disability, there is no impact on the regular workers' compensation payments. However, the settlement includes both past and future indemnity and medical benefits. The Social Security Administration may consider the portion of the settlement for future indemnity in applying their offset formula. It is important the the workers' compensation settlement paperwork properly consider the possibility of social security disability benefits. You need to reply to the Social Security request for WC information and attach a copy of the settlement paperwork.

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Answered on 12/30/13, 2:13 pm


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