Tag Archives: worker’s comp

Can I get both worker’s compensation and Social Security disability benefits?

Can I get both worker’s compensation and Social Security disability benefits?

Workers’ compensation pays benefits to employees who suffer an injury at work or experience a work-related illness. Benefits for workers’ compensation include medical treatment and money for the partial replacement of lost wages. For an employee who cannot work while recovering from an injury or work-related illness, workers’ compensation can pay temporary total disability benefits. In cases in which the injury or work-related illness has long-term or permanent consequences, an employee can receive permanent disability benefits. When an employee dies as the result of an injury or work-related illness, then the employee’s dependents can receive survivor benefits. In general, workers’ compensation is a program run by state governments.

Similarly, Social Security Disability Insurance (“SSDI”) provides benefits to insured workers with disabilities, or in other words, to those who: (1) have been employed for at least five of the last ten years; (2) have paid FICA (“Federal Insurance Contributions Act”) taxes; and (3) have a “disability” as the Social Security Administration defines the term. A disability, for purposes of Social Security, is a serious medical condition that lasts (or has lasted) for more than a year and prevents someone from being gainfully employed. In addition, SSDI will provide benefits to the disabled children of insured workers, so long as the children became disabled before they reached the age of 22, as well as to the disabled surviving spouses of insured workers who have died. Generally, SSDI is administered by the federal government.

A person can receive workers’ compensation and SSDI benefits at the same time, but workers’ compensation benefits might reduce the amount of SSDI benefits. Under the Social Security Administration’s rules, a person who receives workers’ compensation benefits and Social Security disability benefits at the same time may not receive combined benefits that amount to more than 80 percent of the person’s average current earnings before the person became disabled. For example, if a person earned $4,000.00 per month before becoming disabled, then the person would be eligible to receive $2,200.00 per month in SSDI benefits after becoming disabled. If that same person were also to receive $2,000.00 per month in benefits from workers’ compensation, then the person’s SSDI benefits would be reduced to $200.00 per month to comply with the Social Security Administration’s 80 percent rule.

If you have a current or potential worker’s compensation claim and are interested in applying for SSDI benefits, or if you simply want to be sure that you are receiving the maximum SSDI benefits for which you are eligible, then you should consider speaking with an attorney who has experience with Social Security law in order to minimize the off-set. Call the Nationwide Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

Posted in Personal Injury, Social Security SSD/SSI | Tagged , , , | 9 Comments

Social Security Disability benefit overpayments can be discharged in personal bankruptcy

Social Security Disability benefit overpayments discharged in personal bankruptcy

Many of our clients are currently receiving benefits from the Social Security Administration because they are permanently disabled.  So, what if  Social Security attorney, John T. Nicholson in Centerville, Ohio, won your Social Security Appeal in downtown Dayton, Ohio, and you got more money than you should have?  That is called an overpayment, and the government may attempt to collect it.

Filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy will discharge your obligation to repay the government.  The overpayment is treated the same as all other general unsecured debts.

There are some exceptions.  You cannot discharge an obligation to repay fraudulently obtained benefits.

This is the same rule with most forms of government benefit overpayments, like Workers’ Compensation benefits (a.k.a. Workers Comp).  If there was no fraud in obtaining the benefits, then you can file personal bankruptcy to discharge your obligation to repay the overpayment.

Call today for a free consultation (937) 432 – 9775.

 

Posted in Bankruptcy, Social Security SSD/SSI | Tagged , , , | 3 Comments

Can the Child choose which Parent they want to live with in Ohio?

It is one of the most common myths that people maintain when it comes to child custody: Once a child reaches a certain age, that child can choose which parent to live with, right? Well, that is actually incorrect. However, this myth is based in history and actually grounded is truth. Under former Ohio law, once a child attained the age of 12 years old,child_support_ohio_termination that child had the power to choose which parent was to be deemed the residential parent and legal custodian of that child. However, under current Ohio law, minor children no longer have the ability to choose which parent they want to live with on a permanent basis. In other words, when the Court issues its final divorce decree which, among other things, allocates parental rights and responsibilities, it is not the child that determines which parent is to be the residential parent, even if that child is a teenager. Ohio law treats a 14 year old in the same manner as a 4 year old when it comes to determining which parent with be designated as the residential parent. And, like almost all issues involving minor children, the determination is guided by what is in the “best interest of the child”.

So, divorcing parents, remember that your child will not be choosing for or against you when it comes to custody issues. Rather, the Court will decide and you need to focus your energy on convincing the Court that it would be in the best interest of the child to live with you … do not work on convincing the child that he or she should choose you. Which, in truth, is not fair to the child anyway.

Posted in Family Law | Tagged , , , , , , , , , | 55 Comments