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What Is The Amount That I Will Be Receiving?

I got hurt at work and receiving Workers Comp payments for a 12% impairment rating (3 level back fusion), among others conditions. I am still working, but submitted a claim and my employer is offering $50,000 to settle. I am married, female and 59yr. My wife is receiving SSDI of $1,605 net monthly for the past 10 years, she is 68. The last time I checked MySocial the benefits will be around $1,000 - $1,050 as per website. So, If that is the amount I will be receiving or I will be paired with my wife's SSDI?

Hi. I don't have nearly enough information to be able to give you an estimated benefit amount. What I can tell you from the limited information in your question is that it sounds like your primary insurance amount (PIA) is more than half as much as your wife's PIA, in which case you won't be able to qualify for spousal benefits at least while your wife is living. If you qualify for Social Security disability (SSDI) benefits based on your own record, your benefit rate before any offsets or deductions would be equal to your PIA, which is essentially the same as what your Social Security retirement benefit rate would amount to if you started drawing those benefits at your full retirement age (FRA).

However, SSDI benefits can potentially be fully or partially offset if the person receiving SSDI is also receiving or received Workers Compensation (WC). Even if you receive a lump sum WC settlement in lieu of weekly or monthly payments, your SSDI benefits can still potentially be offset for years after you receive the settlement. The formula for determining how much if any WC offset applies to a person's SSDI benefit is complex, but the basic principle is that the total monthly WC and SSDI amount payable can't exceed 80% of the person's 'average current earnings' (ACE). In most cases, the ACE is equal to 1/12th of the person's highest year of earnings in the 5-year period preceding the year they became disabled (

However, some states have passed reverse offset laws, and in those states any applicable offset would apply to the person's WC payments rather than their SSDI benefits. So, the bottom line is that your SSDI benefit rate would depend on the amount of your PIA, which is calculated based on your earnings history, as well as your ACE, WC benefit rate, and the state in which your work injury occurred.

Best, Jerry

May 26 2023 - 12:32pm
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