Legal Question in Social Security Law in Mississippi

SSDI being withheld due to WC settlement

My BF's WC claim was finally settled after 4+ yrs. His SSDI was being offset by the monthly WC payments and Child Support arrears.

BF got a lump sum payment from WC. SS will not raise his monthly pay to pre-WC status b/c of the lump sum!? It is as if he is having to pay that $ back to SS. Is this normal?

It doesn't help that SS says they overpaid him...they are ''allowing'' him to pay that off by withholding even more from his pay. Between CS, WC, and the ''overpayment'' payback - his checks will be apprx $75/month instead of, I think, $1050!!?

Is this standard procedure?


Asked on 8/22/07, 12:34 am

1 Answer from Attorneys
GARY PARVIN GARY PARVIN DISABILITY LAW

Re: SSDI being withheld due to WC settlement

Yes,SSA is serious about collecting what they classify as an overpayment.This may have been mishandled in the Worker's Comp. settlement order,which should have made special provision for the SSA benefits to protect them from a dollar for dollar reduction in the already paid and in the future pay SSA benefits.

With that having been done,all you can do is to ask SSA to reduce the reduction to 10% of his check,by showing that he cannot survive on what is presently left from his SSA check and showing that all of his settlement is expended too.This should be done with copies of bills due monthly and bank account balances in a statement,etc.

Good luck,

Gary R. Parvin

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Answered on 8/22/07, 10:55 am


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