Legal Question in Social Security Law in New York

workers compensation

My daughter receives $7.00 a month from SSI because of her fathers (my x husband) disability. He is receiving a lump sum settlement from workers comp and she had some sort of offset for $8,000 does this come out of that lump sum settlement, will that come to her or not. Thank you


Asked on 5/12/04, 1:23 pm

1 Answer from Attorneys

Lewis Insler Insler & Hermann, LLP

Re: workers compensation

I really need more info to answer your question. In general, a workers' comp lump sum is treated by Social Security as if the claimant continues to receive the same amount of comp for the number of weeks that would make up the lump sum total. However if the lump sum is allocated over the claimant's life expectancy, then SS allocates it at a much lower rate, which can lead to an increase in benefits. I think that's what you are trying to determine. To do that, you need to know the language in the lump sum settlement regarding "allocation" of payments.

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Answered on 5/13/04, 8:02 am


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