Spreading Workers’ Compensation Settlement to Increase Disability Benefits

Attorney Blog

social security cardsAn experienced workers’ compensation attorney with knowledge of the Social Security laws should be able to ensure you receive your full monthly Social Security Disability benefits if you settle your workers’ compensation case.

The attorney should use “Spread Language” to have your workers’ compensation settlement spread and prorated over the remainder of your life expectancy. You would still receive your workers’ compensation settlement money in a lump sum all at once, but for Social Security Disability purposes the settlement would be considered as payment over the rest of your life and not impact your monthly Social Security Disability benefits.

However, if you do not spread and prorate your workers’ compensation settlement, the government could severely reduce or even completely terminate your monthly Social Security disability benefits.

This is because of the “80% Rule”, which provides that the Social Security Administration only allows you to collect a combination of 80% of what you were earning while working and before receiving workers’ compensation and Social Security Disability benefits.

While we often encourage our clients to pursue Social Security Disability and workers’ compensation benefits at the same time, there are many potential pitfalls to receiving both benefits. In addition to potential having your Social Security Disability benefits reduced or terminated, Medicare’s interests must be considered, and in many instances money must be put aside to satisfy Medicare. We always recommend using an experienced lawyer to guide you through this process.

To learn more about Social Security Disability benefits click here.

To learn more about this attorney click here.


Highly recommended!

Highly recommended! Smooth process and great communication. Two thumbs up!   – Marek P.   […]

Big thank you to Attorney DJ Evans

Big thank you to Attorney DJ Evans for helping me with my PI case. Had a terrible car accident which I was not at fault for legally but my car was totaled and I sustained injuries that impacted my work. The at faults insurance tried to manipulate me into taking 2k which was ridiculous for […]

Jay Johnson was fabulous

Jay Johnson was fabulous, he kept me up-to-date and informed of every step. Very happy with his service and I would highly recommend him.       – Dawn S. […]

Very helpful.

Very helpful. I was able to put most of it away into an emergency fund.         – Christine […]

Got a Settlement Quicker Than I Expected and Better Than I Expected!

My second time with Leandro A. at Woodruff Johnson and Evans. Another great job. Didn’t have to talk with work comp at all this time since I told work comp I don’t trust them after the first occurrence with them. Got a settlement quicker than I expected and better than I expected. Thanks to Leandro […]

Attorney Dexter Evans: Professional, Responsive and Took Care of Business. Highly Recommended. You Will Not Be Disappointed!

Dexter Evans handled my case for a motor vehicle incident. I would like to inform you that he was very professional, responsive, and took care of business. Whenever I had a question they were very quick to respond and handled everything for me. If it wasn’t Dexter then Nicole was right there. I highly recommend […]

Go to the Doctor. Do the Tests. Get the Diagnostics. Hire Leandro Alhambra!

Leandro Alhambra took on my workman’s comp case and did a great job getting a good return back. I had him take on the case late (2 years after the incident) and he still was able to provide a good amount of compensation. Advice to anyone reading: go to the doctor, do the tests and […]

Leandro A. Alhambra Fights to Get Every Dollar for his Clients

I used Leandro A. Alhambra for my workmans comp. case. I see in him that he fights to get every dollar for his clients to be satisfied of the […]

Their Office Represented Me Very Well

I felt that their office represented me very well with a very difficult people to deal with. The process took a long time but at the end they were able to close the deal. I want to thank you for the support and ability to answer any and all questions I had during this process. […]

Attorney Leandro “Lee” Alhambra has given me and my family a peace of mind that I am much grateful for.

My experience with Woodruff Johnson & Evans has been a blessing. My attorney Lee has been such a professional but also a friend that has walked me through many of the things that I had no knowledge of or what I should do next. He has given me and my family a peace of mind […]

View All Testimonials

Get Your Free Consultation

"*" indicates required fields

This field is for validation purposes and should be left unchanged.