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Morgan’s Tip of the Week – PTD Supps. Reminder

Greetings, and happy new year!  I want to thank everyone for the support you have given me and the firm over the past year, and we look forward to continuing to serve you in 2020 and beyond!

Just a housekeeping reminder on PTD supplemental benefits as the calendar flips.

For dates of accident 10/1/2003 to the present:

  • PTD supps end at age 62. (Unless the accident is the reason they don’t qualify for SSD or SSR.   This is pretty rare, for example it would be a legal immigrant to the US that was unable to work enough quarters to qualify for either because the accident stopped them from working)
  • PTD supps increase at a rate of 3% each year on January 1st.
  • The formula is 3% x Comp Rate x number of years since injury = PTD supps benefit
  • The PTD base benefit plus the PTD supps benefit can not exceed the 2020 max CR of $971
  • Also, SS offsets end at age 62.

For dates of accident 1/1/1994-9/30/2003:

  • The caselaw made it as confusing as possible:
  1.      If the claimant was accepted/found as PTD before turning 62, PTD supps end at 62 (if the claimant is eligible for both SSD and SSR (whether or not they applied).  They don’t restart at 65, that was overturned by caselaw.
  2.      If the claimant was accepted/found as PTD between 62 and 65, no PTD supps are payable until claimant reaches age 65, then they receive PTD supps for life
  3.      If the claimant was accepted/found as PTD PTD after 65, PTD supps are for life
  • 5% a year, increased on January 1
  • The formula is 5% x Comp Rate x number of years since injury = PTD supps benefit
  • Also, SS offsets end at age 62.

Enjoy!


Sincerely,

Morgan  Indek | Managing Partner