Legal Question in Employment Law in Pennsylvania

settlement?

I am about to settle on a workmans comp case for about 75k.

I applied for and recieved ssdi last year. After my settlement will my ssdi payments go down? My attorney says no but other people say yes. Has anyone had this experience. The ssdi is for the same wC injury. Thanks Paul age 54


Asked on 6/22/09, 10:58 am

1 Answer from Attorneys
Terrence Valko ERISA Disability Lawyer

Re: settlement?

SSDI often is modified downward while the amount of the Workers' Comp Compromise and Release is amortized as if you actually made income. (75K less 15K atty fee = 60K over ten years = 6K per year for SSA purposes). Under your example, the amount amortized may be under the SSA threshold for annual earnings.

A close reading of the C&R document will inform you how the matter is being structured.

If your Attorney knows WC, he will have anticipated this matter. Get his answer in writing to the question which you posted here. You can ask the WCJ at time of Hearing but it may delay or destroy your deal.

Good Luck.

TV

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Answered on 6/22/09, 12:34 pm


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