Legal Question in Social Security Law in North Carolina
I had a on the job injury in 2005 had back surgery in 2006 and received a workers comp settlement "$60,000" then went back to work on a different job and been working ever since until 2013 when I had to file for ssdi from back pain.will me getting the workers comp settlement from 2006 affect my ssdi? Also I never received anymore workers comp other than that one time in 2006.
2 Answers from Attorneys
The Social Security Administration applies an offset to WC benefits. WC attorneys usually prorate settlements over the rest of your life expectancy which reduces the amount of money that SSA will offset monthly. You should send a copy of the WC settlement to SSA.
You have a new claim for benefits beginning in 2013. The comp settlement years ago should have no effect on the new claim because you returned to employment afterwards.
There is a five month waiting period during which SSDI will not pay you. And they will only pay back due benefits for a year before you file (unless you are trying to reopen a previously denied claim). So if you have not done so already, file your claim ASAP at SSA.gov. Be SURE to list the name and address of all doctors and hospitals so they will get the complete records. If you need help, call an attorney. Good luck, George
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