Thursday, May 22, 2008

Work Compensation Settlement and SSDI

Georgia Workers Compensation Settlement discussion from KeenerLaw.com
Years ago in Georgia, applying for SSDI during your Georgia Workers Compensation case was a good idea. The same standard used for SSDI was used by the Georgia State Board of Workers Compensation to determine whether your case was "catastophic" that is, "whether your injury has prevented you from finding work of substantial numbers in the national economy."

However, several years ago, the Federal Government changed some SSDI laws and now if you are on SSDI or have applied for SSDI and have a Georgia Workers Compensation Case, the insurance company will only settle it in conjunction with a Medicare Set Aside Trust (MSA for short).

Effectively money that would/could be used towards your settlement (so you can pay your own medical bills) will not be applied towards the money going to you but rather placed in a trust account you cannot touch unless you specifically use it to pay for your job related medical expenses.

As a rule of thumb I do not normally encourage my Georgia workers compensation clients to apply for SSDI prior to settlement of their workers compensation claim.

This is a very tricky area of the law and there are exceptions, seek legal help by discussing your specific facts with a lawyer how knows this area of the law.

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