Serving Kingston, WA

Kitsap, Jefferson, Clallam,

Mason, Pierce, Thurston,

King and Snohomish Counties

Social Security Overpayment Nightmares

Nothing is more confusing or nonsensical even, than the way social security and workers’ compensation benefits offsets interact.  This collision often results in mistakes causing problems for the recipient.  If you have questions about how social security retirement or disability interacts with your workers comp pension or benefits, or you have received notice of an overpayment, you should have your situation reviewed by someone experienced in untangling this bag of snakes.   In a nutshell, this is how it works:

  • If a pensioner collects SSD as well as their pension from the dept BEFORE they reach the age of 62 then SSD will pay the clients FULL entitled monthly payment. The pensioner’s workers’ comp pension will be lower (or offset).
  • If a workers’ comp pension claimant receives a notice from SSD that they have an over-payment; then chances are pretty good that they should receive an underpayment from the department for their workers’ comp pension.
  • AFTER a workers’ comp pensioner turns 62 then the offsets reverse. Their monthly SSD entitlement is reduced, and they will receive their full workers’ comp pension entitlement.
  • When the workers’ comp pensioner turns retirement age (every retirement age is different, so the pensioner would need to contact SSA to see what their individual retirement age is); then the offset will be reversed once again. The client’s SSD benefits will change from Social Security Disability to Social Security retirement.  This should be the last offset change to happen.  Then their workers’ comp pension will be lowered (offset) one last time.

It is possible you are the one being underpaid.  If you are currently collecting a monthly pension stipend from the Washington State Department of Labor and Industries, then we will be happy to review your situation if you think you need some help figuring it out.  We do NOT represent Social Security Disability claimants, so therefore, we cannot contact the SSD / SSA on your behalf.