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Video instructions and help with filling out and completing Can 8850 Form Compensation

Instructions and Help about Can 8850 Form Compensation

Hi and welcome to hill and Ponton Social Security disability blog I'm Natalia Joffrey our Social Security section director and I'm Shelly mark and the senior social security attorney so we've been talking about workers compensation and how it correlates with social security and how they can affect each other and one of our prior videos we had talked about how social security you can't receive more than social security and workers comp combined more than eighty percent of what your prior wage was okay so what they're gonna look at is how much were you making before and people say well what is that based on so is it going to be what I was making now the truth is that for the most part they're gonna look at what benefits you the most what gives you the highest monthly working wage so they're going to look at the 5 years before you became injured and they're gonna pick the year that you made the most money in order to make that 80 percent calculation now there's a difference between calculating the worker's comp and Social Security offset amount and what you're currently getting from workers comp and I know that this gets very complicated but I feel like I need to say this because workers comp is going to initially pay you based on 80% of what you were currently making what we're talking about is what are you gonna get how are they going to calculate your offset when it's workers comp and Social Security combined so that's all I'm referring to so they're going to look at the five years before you became or you stopped working and they're going to look at which was the highest year so that right off the bat can really benefit you because if you had five years where you were working and for four of those who were making twenty five thousand dollars a year but then you had a really good year and you made sixty thousand dollars that year they're going to use that $60,000 a year okay we see this a lot like with our instruction workers independent contractors things like that where they just had a really good year so that favors you another test that Social Security can use is a combination of your five years of work okay now you might be thinking why would they do that well you may have had a lump up five years where you were making a whole lot more money than you are currently we see this all the time people get older they take on easier jobs jobs that make less money people that worked for maybe high-end corporations and they were maybe making three figures and then they decided I'm going to go out and go into business for myself and now instead of making a hundred thousand dollars a year there maybe making $20,000 a year so in that case it may benefit you more to have social security do the five-year total rule and pull the average out of that and so today when you say the five year you mean throughout their earnings that they can it can be any lump any sum of five years but they have to be five years in a row there's always a kicker right right so you can't say well I made a hundred grand mm that I made a hundred grand in two thousand five no no it has to be 2001-2022 through 3 and so on and so forth has to be five years together group together so that tuss doesn't usually get applied because normally has your life progresses the more you make so normally they're going to use the five the highest year in the last five years but if you think that that exception could apply to you you want to make sure that you have someone that knows what they're doing is making sure that Social Security is applying the test that that best favors you because we've done a lot of workers compensation no we don't do workers compensation law we only do Social Security disability but we do review your benefits once they've been awarded and if there's a work comp offset we make sure that the offset that they're applying is correct and that they're using the test that best favors you and I will tell you that we have applied a lot of or we have filed a lot of Appeals because many times the best test that applies to you isn't used right so that's a lot of information to digest just know that there's more ways than one for your offs that count halation to be made right I think that's that's what we want in part today yes yeah if you have any questions or concerns feel free to call us or visit our website otherwise thank you for joining us thank you Music you.

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