Social security and your work injury
We have received a lot of client questions about social security lately. So in no particular order, here are some tips:
1. You can receive social security benefits at the same time you are getting workers' compensation benefits.
2. If you are approved for social security that does not mean you are permanently disabled under Illinois workers' compensation laws. The standards are way different, namely getting social security means it is anticipated you will be off work for more than one year, not necessarily forever. Proof that you are on social security is for the most part legally irrelevant for your work comp hearing.
3. What is relevant from social security is any medical records relating to your application for benefits. Sometimes the Government will send you to a doctor and those records can be entered in to evidence before a work comp Arbitrator.
4. When settling a case for someone who is receiving social security, it is common to use what is called "spread language." When you are getting SS benefits, the Government will take some back if you have other sources of income. Spread language changes your settlement contract to reflect that the settlement represents payment of a claim over your life expectancy. You still get the money in a lump sum, it's just that the Government can't take it all back now.
5. If it is anticipated that you might go on social security benefits in the future because of your injury or even if you have just applied for them, it is important to reflect that in your settlement contract. If you don't prove that you have considered the interests of the Government you may end up losing a ton of money. The only surefire safe way around that is to take your case to Arbitration and get an award from the Judge.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
