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Article: Maximizing workers' compensation awards; controlling offset from social security disability payments.
- Article from:
- Trial
- Article date:
- March 1, 1994
- Author:
CopyrightCOPYRIGHT 1994 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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If you practice in the workers' compensation area, the last thing you want to do is settle a claim for a sizable amount only to find the client irate because Social Security disability benefits have been reduced. Worse yet, the client could sue you for malpractice on the theory that you should have known how to structure the settlement so there would be little or no offset from these benefits.
Clients who receive temporary total disability payments under state workers' compensation laws often qualify for federal Social Security disability payments. A person is disabled for purposes of Social Security if unable to engage in any "substantial gainful activity" ...