Greetings, and happy New Year!  Some fun PTD reminders to calendar for the upcoming year:

1. For dates of accident after 10/1/2003, PTD benefits end at age 75 (for almost every claimant unless the accident prevented them from working enough to qualify for Social Security), except….

• If the accident occurred on or after the employee reaches age 70, benefits shall be payable during the continuance of permanent total disability, not to exceed 5 years following the determination of permanent total disability.

2. Reminder to increase your PTD supplemental benefits effective 1/1/25. 

• For dates of accident from 10/1/2003 to the present, it’s a 3% increase, and PTD supplemental benefits end at age 62 (for almost every claimant unless the accident prevented them from working enough to qualify for Social Security).

1. 3% x Comp Rate x number of years since injury = PTD supp benefit
2. Adjusted January 1 of each year

• For dates of accident from 1/1/1994-9/30/2003, it’s a 5% increase (same formula as above with 5% instead of 3%).  PTD supplemental benefits end in this confusing manner:

1. If PTD before 62, ends at 62 IF the claimant is eligible for both SSD and SSR (whether or not they applied)
2. If PTD between 62 and 65, no supps until claimant reaches 65, then supps for life
3. If PTD after 65, supps for life

3. SS Disability offsets end when claimant’s turn 62, so look ahead at your calendar year to make a note to stop the offset on their birthday if that is the case.

Feel free to reach out with any questions or help with claims in Central Florida.  Keep an eye on any claimants that are older and looking like they will have sedentary or less restrictions, get started on your PTD defense early!

Be sure to register for our upcoming FL, GA and TN webinars on firm’s events page:  https://eraclides.com/events/

Sincerely,

Morgan Indek | Managing Partner