Settlement of a Work Comp. Medical Award Will Affect Your Social Security Benefits

  • Sometimes the insurance company will contact you to ask if you are interested in a cash settlement of your future medical award. No one can force you to settle your future medical award if you don’t want to.  On the other hand, you can’t force the insurance company to settle your case by a lump sum, either. Both parties have to agree, and the settlement must be approved by a Worker’s Compensation Appeals Board Judge.  If you are currently eligible for Social Security benefits, keep in mind the anti-windfall provisions which will give Social Security an “off set”,  a credit against what benefits they think you are owed. Without proper structuring of the settlement, you could lose part of your monthly payment amount or put yourself at risk for a repayment claim by the federal government for overpayment of benefits.

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