Monday, April 20, 2015

Protect Social Security Disability Benefits When Accepting Other Settlements

Workers' Compensation and other 
public disability benefits may reduce your 
Social Security Benefits

"Some attorneys and advocates of  
Social Security Disability clients are not aware that 
they can put your social security disability benefits 
in jeopardy by accepting public benefits or benefits
for Workers' Compensation."  
Gerald M. Welt, Esq.  (April 2015)

If you are receiving Social Security Disability benefits and benefits through the Medicare program you may be unaware that Workers' Compensation and other public disability benefits may reduce your Social Security Disability benefits so it is important that you consult a Social Security Disability attorney before you accept any other disability settlements.  If you are using another attorney for something other than Social Security Disability please let your attorney know that I will be happy to offer free consultation so that you receive the benefits you deserve for your disability, illness or injury.  

Much like the process for obtaining Social Security Disability benefits, the process for filing a Workers' Compensation claim involves many strict deadlines that can affect whether you obtain benefits and how much you receive. You also need information from your employer and a physician about your injury.  Our law office is familiar with the laws, the dates, the regulations and the policies that you need to know to receive your benefits.

You Must Meet Three 
Basic Requirements to be Eligible for 
Workers' Compensation 
 For a Job Related Injury or Illness
  1. Your employer must provide Workers' Compensation insurance.
  2. Your occupation must have played a role in your injury or illness.
  3. You must be an official employee.
In most cases, Workers' Compensation only applies to employees. Freelancers, volunteers and some independent contractors cannot receive Workers' Compensation, though there are sometimes exceptions for volunteer firefighters. 

Even if your employer has designated you as an independent contractor, you may still be eligible for Workers' Comp benefits. If you filled out a W-4 instead of a 1099, there is a good chance that you qualify for Workers' Compensation. 

After filing your claim, there is another set of rules to follow if your employer refuses to comply. We can help you decide which forms you need.  

Contact my office at 702.382.2030 for more information. 

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