Serving Pennsylvania & New Jersey
Social Security/Workers’ Compensation Issues
ERISA disability plans typically require you to apply for Social Security Disability benefits and you are required to take a credit for any benefits already received. Also, ERISA insurers also require you to take a credit for any Social Security or workers’ compensation benefits received. This causes frequent complexities involving SSDI and/or workers’ compensation offsets and overpayment issues. It is even more complex when you have different attorneys handling the ERISA claim, the workers’ compensation claim and the Social Security Disability Insurance claim.
Workers’ Compensation Claim
There are also times when it may be more beneficial for an ERISA attorney to settle a concurrent workers’ compensation claim. Because ERISA insurers are entitled to take a credit for workers’ compensation benefits so a settlement over the claimant’s life expectancy can markedly reduce the offset. The end result is to replace your workers’ compensation monies with Long Term Disability monies.