If you are an attorney representing a client with a workers' compensation claim, my office can assist you in minimizing the risk of malpractice by working with you in drafting settlement agreements that include Social Security offset language thereby ensure that your client's important monthly Social Security Disability benefits are not reduced due to receipt of concurrent periodic or lump sum workers’ compensation or public disability benefits.
While the client receives weekly workers' compensation/public disability benefits and concurrent monthly Social Security Disability benefits, there is little, if any, room for mitigating the impact of offset. The opportunity for craftsmanship only occurs when drafting the settlement documents.
The types of concurrently received benefits that can trigger the offset are (a) periodic, as well as, lump sum State or Federal workers' compensation payments and (b) certain public disability benefits required by a Federal, State or local government law or plan.
Once you have negotiated a workers' compensation settlement amount, you can either send the proposed settlement agreement to my office for revision or if you prefer ask my office to draft the settlement documents. My service provides not only the settlement document itself but also the Informed Consent and Notice of Consequences of Your Stipulation client disclosure documents.
To request service to protect your client's interests click Workers’ Compensation Settlement Document Request Worksheet