The Lawyers.com Law Forums will be shutting down on June 30, 2017. We encourage you to resolve any outstanding discussions prior to that time. If you have any questions about this change, please email info@martindale.com.

Question about SSDI and Second Injury fund

Previous | Next
 rated by 0 users
Latest post Wed, Feb 2 2011 9:40 PM by PB88. 2 replies.
  • Tue, Feb 1 2011 12:38 PM

    • PB88
      Consumer
    • Not Ranked
    • Joined on Tue, Feb 1 2011
    • MO
    • Posts 2

    Question about SSDI and Second Injury fund

    Hello all I'm PB88 and I have a question if any of you would be so kind in helping me.

    I was injured at work several times until I couldn't work any longer and I was able to get SSDI.

    I also won my second injury case recently in MO and they have not decided to appeal and it has been over 20 days as is required in my state.  I won an amount of money and an amount per week for the rest of my life.  I have not received any money yet but should within the next 30 days. This all sounds good but I would prefer to be able to work and not a crippled.

    Since I was awarded the second injury case how will this affect my SSDI?  I am receiving $638 a month for SSDI and my medicare injurance.

    Will I be able to receive the $638 from SSDI and approx. $700 a week from the second injury fund?

    I would be very appreciative if someone could help me figure this out and explain it to me.

    Thaniks in advance!

    Ps:  I was awarded SSDI in Jan. 2007 and second injury fund about a month ago, if that matters.  Also my husband helped me fight for both cases and he doesn't know the answers to my questions.

     

  • Wed, Feb 2 2011 7:06 PM In reply to

    • Kivi
      Consumer
    • Top 25 Contributor
    • Joined on Sat, Jan 1 2005
    • CA
    • Posts 6,363

    Re: Question about SSDI and Second Injury fund

    It's difficult to answer this question without a lot more info.

    Essentially, your combined payments from SSDI and workers' comp are not supposed to exceed 80% of your average predisability earnings. If they do, SSDI benefits will be reduced so that they do not. Since we have no idea as to what your average pre-disability earnings were, we have no way of knowing whether the combined benefits will or will nto exceed this 80% figure.

    All that we can suggest is that you report the award, including any back pay to SSA and see what happens.

  • Wed, Feb 2 2011 9:40 PM In reply to

    • PB88
      Consumer
    • Not Ranked
    • Joined on Tue, Feb 1 2011
    • MO
    • Posts 2

    Re: Question about SSDI and Second Injury fund

    Thanks Kivi....I reread my post and I think I should have proof read it and done a spell check.

    Dang I thought (wishing) I would be able to make the $638 from SSDI and the full amount from the second injury fund.  I didn't think about if the second injury fund would pay me what I won and SSDI would be reduced.

    I am near 60 years old, so what happens when I am able to regular Social Security?  Will I no longer Be on SSDI but just SS like everyone else and get the full amount from both Social Security and the second injury fund?..or will there be a maximum I can draw?  I am confused about how this works.

     

    Thanks.

Page 1 of 1 (3 items) | RSS

My Community

Community Membership Search Community