Structured Settlement SSDI Offsets

When a Worker’s Compensation claim is settled, either by a cash payment or by a combination of cash with a Structured Settlement, the present value (or cost) of the settlement is pro-rated over the injured worker’s lifetime.

 

For example, take a 50 year old injured worker who receives $375 per week in compensation.  The settlement totals $60,000 ($20,000 initial cash and $40,000 in a Structured Settlement that pays him $1,000 per month for 4 years).  The $60,000 present value of the settlement is pro-rated over his natural life expectancy of 28 years (this is known as Normal Life Expectancy or NLE).

 

To determine the offset, simply do two calculations:

 

1)  $60,000 (total settlement amount) divided by 28 years (NLE) = $2,142.86 per year.

2)  $2,142.86 divided by 52 (weeks in year) = $41.21 Per Week (offset).

 

This offset is included on the Redemption Order.  If the claimant is not receiving the maximum amount allowable from SSDI, their offset, which was $375 per week, is now only $41.21 per week. Thus, their SSDI will increase along with an added $1,000 per month from the Structured Settlement benefits.  The injured worker is now in a better position than he was before since he has been given $20,000 in initial cash, his weekly SSDI offset has been lowered, and he is also receiving an additional $1,000 a month.