Award Letter Issue: Current Workers Comp

Often clients who have disability claims will also have workers comp claims. When there are workers comp benefits involved, there sometimes will arise difficulties with the award letters when social security is calculating payments. Sometimes, the award letters will state that claimants are currently receiving workers comp benefits, when in reality, they have not received benefits in possibly years. Social security factor in these benefits immediately. This upsets clients, because their present benefit amounts are reduced.

In these situations, it is the payment center that intentionally processes the claims like this. If a claimant is still currently receiving workers comp, this prevents them from potentially getting overpaid. While it does not seem like it, and must be explained to the clients, this benefits the clients by preventing an overpayment. The discrepancy is fixed by providing proof that they are no longer receiving benefits through the Stipulation for Settlement and the Award on Stipulation. We then ask to re-calculate the benefits so that the claimant will get the correct amount. While this appears on the surface to be a mistake, many clients will question this and chalk it up to a mistake on SSA.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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