social security Disability & Workers' Compensation: Can You Get Both in Virginia?

Federal Workers Comp Lawyers - social security Disability & Workers' Compensation: Can You Get Both in Virginia?

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You are disabled and you are on Workers' compensation for your injury and you want to also fetch collective safety Disability for this injury. This narrative addresses either this is possible.

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Federal Workers Comp Lawyers

Social safety Disability, is a Federal agenda that provides monthly revenue to disabled population (1) who have paid into the collective safety theory while working and (2) who have proven they are disabled and unable to work. The amount of monthly revenue is dependent upon revenue paid in by the employee in the years prior to the disability with the maximum advantage a disabled employee could receive in 2006 being ,053.00 per month. The worker's dependents could receive an added 50% of his amount.

Virginia Workers Compensation. Is a state of Virginia agenda that provides benefits for the disabled employee who is injured on the job. The amount of the advantage is two thirds of the worker's gross wage with a cap of 3.00 per week as of July 1, 2006 which would be about ,320.00 per month.

The collective safety Offset: In 1965 Congress passed an amendment to collective safety enacting the collective safety Offset. Since 1965, collective safety will sacrifice its advantage if a compound of the collective safety advantage and the Workers' compensation advantage exceeds 80% of the worker's average current earnings. collective safety calculates the average monthly revenue based on the best year of employment in the five years preceding the onset of the worker's disability.

An Example of how the Offset Works: John Doe receives a monthly workers' compensation advantage of ,000.00. John Doe then qualifies for collective safety and would receive ,500.00 a month based on his revenue narrative with collective safety with an added 0.00 for his children. collective safety calculates John Doe's average revenue based on his best year in the last five years prior to his disability as ,000.00 per month. However, the compound of John Doe's collective safety and Workers' compensation equals ,500.00 (,000.00 plus ,500.00) and 80% of his average revenue is only ,000.00 (,000.00 x 80%). Thus, John Doe exceeds the 80% cap by 0.00 and his collective safety would be reduced to ,000.00 per month (,500.00 - ,000.00) and he would receive nothing for his children. If John Doe had dependents, they could have received 50% of his ,500.00 collective safety amount or 0.00 as their dependent check. However, due to the receipt of Workers' compensation the dependents would not receive anything. Thus, John Doe in this example loses 0.00 per month for himself and 0.00 per month for his children in collective safety due to his receipt of Workers' compensation benefits.

What About A village to escape the Offset? John Doe cannot verily escape the offset by doing a lump sum village of his Workers' compensation Claim. Normally, if John Doe does a lump sum village of his Workers' compensation Claim, the village will still be branch to the offset. collective safety will prorate the village to reflect the monthly rate that would have been paid had the lump-sum award not been made. Medical and legal expenses incurred by the employee may be excluded when computing the offset. For example, if John Doe settles his workers' compensation claim for 0,000.00, collective safety will divide this 0,000.00 by fit by ,000.00 (his monthly workers' compensation benefit, pre-settlement) and continue the offset for over 33 more months (0,000.00 divided by ,000.00). An experienced Workers Compensation/Social safety lawyer may be able to avoid this offset.

In Summary,like tax planning to avoid added taxes, a employee who is receiving both Workers' compensation and collective safety Disability, must do careful planning to avoid a reduction of his benefits for both himself and his dependents. This is especially true if the employee does a lump sum Workers' compensation settlement. If the employee is not careful, the employee may face a reduction of his collective safety Disability for both himself and his dependents for a long time. In the above example John Doe had an offset for an additional one 33 months because he did a village without consulting an experienced attorney.

Social safety has not allowed claimants to later amend worker's compensation settlements to avoid the offset; therefore, careful planning must be done prior to the settlement.

Copyright© 2006, Jerry Lutkenhaus. All possession Reserved

This may be determined An Advertisement or Advertising Material under the Rules of pro escort governing lawyers in Virginia. This note is designed for general facts only. The facts presented in this note should not be construed to be formal legal guidance nor the formation of a lawyer/client relationship.

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