Social Security Disability and the Workers’ Compensation Offset
If you are injured on the job and are subsequently awarded Social Security disability benefits, your Social Security disability benefits may be offset by any workers’ compensation benefits you receive. If you receive workers’ compensation benefits and Social Security disability benefits, the total amount of these benefits cannot exceed 80% of your average indexed earnings before you became disabled. If the total amount of these benefits exceeds 80% of your average indexed earnings, the excess amount will be deducted from your Social Security disability benefit. This is commonly known as a workers’ compensation ”offset.”
A workers’ compensation “offset” can be especially burdensome when your workers’ compensation claim is resolved with a lump-sum payment from your employer. In some instances, a lump-sum payment for a work related injury can affect your Social Security disability benefits for years. The good news is the harsh effect of the workers’ compensation “offset” can be mitigated, if not eliminated, by placing specific language in the Compromise Settlement Agreement that converts your lump sum payment into weekly payments over the remaining years of your life (this number of years being determined by N.C. Gen. Stat. Sec. 8-46).
If you or someone you know needs assistance navigating this difficult issue, please feel free to contact Campbell & Associates at (704) 333-0885 or http://www.campbellandassociateslaw.com.
Workers’ Compensation Mediation is on the Horizon in South Carolina
Mediation in South Carolina workers’ compensation cases is about to become fairly commonplace. The South Carolina Workers’ Compensation Commission has approved new regulations that will make mediation mandatory in a number of admitted cases. While the General Assembly’s approval is pending, the Commission is notifying parties that if the new regulations are approved they will affect cases set for hearing as early as July 2013. Under the proposed regulations, with the exception of contested death cases, there will be no mandatory mediation in South Carolina for denied cases. This, however, doesn’t mean that parties cannot voluntarily agree to participate in mediation. It is certainly conceivable that as mandatory mediations become more commonplace that voluntary mediations will also become more utilized if attorneys, insurance carriers and employers begin to see the benefits of mediating. It will be interesting to see how these new regulations impact all workers’ compensation cases over the next year.
Campbell & Associates is pleased to announce that Charlotte, North Carolina native Payton D. Hoover has joined the firm.
Attorney Clair Campbell of Campbell & Associates is pleased to announce that Charlotte, North Carolina native Payton D. Hoover has joined the firm. Payton will be focusing on helping injured clients negotiate fairly with insurance carriers.
Payton received a B.A. in journalism and mass communication in 1994 from the University of North Carolina at Chapel Hill. He received his J.D. in 2003 from Campbell University. While at Campbell he was inducted into Pi Alpha Delta Fraternity and the Order of Old Kivett from excellence in trial advocacy. He also worked as an intern with U.S. Attorney’s office, the Harnett County District Attorney’s office and North Carolina Court of Appeals Judge Wanda Bryant.
Payton was admitted to the North Carolina Bar in 2003 and the South Carolina bar in 2007. Along with his bar memberships he is also an active member in the North Carolina and South Carolina bar associations. In 2004 he was named Kingston Evening Rotarian of the year.
During the early years of Hoovers career he gained valuable trial experience as a criminal defense attorney in Eastern North Carolina. Since then, he has devoted his practice to civil litigation, representing both Plaintiffs and Defendants in a wide array of legal matters. Payton has also argued cases at the State and Federal appellate levels, including the United States Fourth Circuit Court of Appeals. His experience and knowledge will be a huge asset to the Campbell & Associates team.
Payton’s practice will focus on primarily on personal injury cases. His number one priority is helping injured people negotiate fairly with insurance carriers.
When Payton is not in the office he enjoys spending time with his wife and two kids. When possible he loves to be on the water either surfing, waterskiing, or stand up paddle boarding. A fun fact about Payton is he is also a huge music fan and vinyl recorder collector. We are thrilled to have him a part of the Campbell & Associates family.
Does my employer have to offer me a job following a workers’ compensation injury?
There is a common misconception that once an employee is injured on the job that the employer must hold his job until he can return after recovering from his injuries. While there are laws out there that provide protection under the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), the Workers’ Compensation Act provides no such protection. It is imperative that an injured employee understands the limits of his employer’s obligations under the Workers’ Compensation Act so that he can plan accordingly. Injured workers are encouraged to seek out the advice of an attorney on these matters as soon as practicable. Campbell & Associates has offices in Charlotte, Hickory, Gastonia and Rock Hill. Please visit www.campbellandassociateslaw.com for more information.
Campbell & Associates supports Charlotte’s JDRF Walk to Cure Diabetes
Campbell & Associates is supporting the Juvenile Diabetes Research Foundation with a $1,000.00 donation to Charlotte’s JDRF Walk to Cure Diabetes this weekend. We are supporting Team Andrew, a colleague’s son, whom suffers from this autoimmune disease. Juvenile Diabetes has affected family and friends of our staff as well. Because of our close connection with the issue, we have decided to support the organization for the 2nd year in a row.
Type 1 diabetes is an autoimmune disease in which a person’s pancreas loses the ability to produce insulin—a hormone essential to digestion. More than 15,000 children and 15,000 adults in the United States receive a diagnosis each year. That’s why JDRF holds more than 200 Walks nationally every year that connect walkers to an extensive community of families, volunteers, and donors who are committed to fighting this serious disease.
The JDRF Walk to Cure Diabetes has raised $1 billion to date. Your generosity helps us continue to accelerate progress in T1D research and keep people with T1D healthy while we work towards a cure. This year’s 5k walk in Charlotte is being held a Carowinds 14523 Carowinds Blvd Charlotte, NC. We would love for anybody to come and support this cause by walking or become a virtual walker online here http://www2.jdrf.org/site/TR/Walk-NC/Chapter-Charlotte4482?fr_id=2134&pg=entry
Campbell & Associates Supports Kappa Delta Shamrock Event
Campbell & Associates was proud to be the presenting sponsor of the Eta Psi chapter of Kappa Delta’s 2nd Annual Pancake Breakfast held at the University of North Carolina at Charlotte.
In holding this event, the Eta Psi chapter of Kappa Delta Sorority joined thousands of Kappa Deltas across the nation in the fundraising efforts to benefit local affiliates and chapters of Prevent Child Abuse America. Eighty percent of the proceeds will remain in North Carolina, benefitting the Prevent Child Abuse North Carolina. The remaining 20 percent will go to Prevent Child Abuse America, Kappa Delta’s national philanthropy, for nationwide public awareness programs.
“Campbell and Associates jumped at the opportunity to be a major sponsor for the UNCC Delta Kappa 2nd annual pancake breakfast because we understand the importance of protecting children, who are our future. By making our donation, we are happy to have helped raise awareness and contributed towards a great organization which offers support to defenseless children” said Clair Campbell, managing partner of Campbell & Associates.
Healthy families mean healthy children, healthy communities, a thriving economy, and a strong nation. Investments in the prevention of child abuse support healthy child development and lower the number of children affected by abuse and neglect, and the financial cost to our nation in turn.
Child abuse and neglect affects over 1 million children every year and according to Prevent Child Abuse America’s recently released report, Estimated Annual Cost of Child Abuse and Neglect April 2012,a staggering $80 billion was spent in direct and indirect coststo address child abuse and neglect. These costs include foster care, medical and mental health treatment, and later for special education, juvenile and adult crime, chronic health problems and other costs across the life span. Child abuse and neglect are preventable.
Clair Meets With World Renown Russian Guitarist, Vadim Kolpakov.
It has been a multi-cultural weekend for Clair! Here, with world renown Russian 7-string guitarist, Vadim Kolpakov, romance singer Tatyana Thulien and friend, Debbie Brown. Vadim performed in over 80 concerts worldwide with Madonna in her ‘Sticky & Sweet’ tour and teaches now in Charlotte. He still tours with his own band of Russian-Romany (gypsy) musicians, sings and dances. His acoustic performance on Sunday celebrated the kick off to the 2013 Russian Festival in Charlotte.