Legal Question in Workers Comp in Missouri
Work comp settlement and ssdi payments
I have just received notice that I was approved for ssdi. I have a work comp claim that is pending (still in prehearing stage). I was told that there is a certain way that the lump sum settlement has to be wrote in order to not have all of my settlement taken away by social security.
I have not received any work comp payments or social security. I had to pay for my surgery with private insurance. I have received nothing from work comp. as of this date.
2 Answers from Attorneys
Re: Work comp settlement and ssdi payments
You are correct that any lump sum payment you receive from workers' compensation must be specially structured to minimize any offset on your Social Security disability entitlement. Normally, this can be done very effectively. An experienced workers' compensation lawyer will know how to do that. Your question is also troubling in that you paid for surgery with private insurance. There is insufficient information to know whether that was appropriate, but it does raise red flags about how the workers' compensation case is being handled by the insurance company. Consult your attorney for answers.
Re: Work comp settlement and ssdi payments
If you are already being represented by an attorney, then you should discuss this with your own attorney. If not, then I would say that the information you received is correct. An attorney who I work with is an expert in this field and we just went through this with another client. If you are not represented by an attorney, you should be, and I would be happy to refer you to one of the best worker's compensation attorneys in the State of Missouri.
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