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Reverse Offset - Louisiana

NOTE OF CAUTION: Louisiana is a State in which Reverse Offset does not apply to all possible Workers' Compensation payments. Regular Offset of Social Security Disability Insurance (SSDI) benefits could be involved. Therefore, reduction of SSDI benefits could occur. It is essential to determine details of your case before an offset determination can be made.

If you receive benefits under Louisiana State Workers' Compensation (WC) law your Social Security Disability Insurance (SSDI) benefit might not be reduced. Louisiana law provides for a Reverse Offset plan for permanent total (PT) WC under certain conditions. Under that plan, State WC benefits are reduced if you receive SSDI benefits. Following are the conditions for this Louisiana Reverse Offset:

·        The worker receives periodic or lump sum(LS) PT and SSDI

·        The WC injury occurred on or after 9/8/78

·        The WC insurance carrier must show evidence of "judicial demand" and approval of the Reverse Offset under the Louisiana Reverse Offset statute (Section 23-1225 (a).)

·        Judicial demand has been made when the carrier specifically alleges the right in court to offset WC under Louisiana’s Reverse Offset statute due to the worker’s receipt of SSDI benefits.

·        Proof of judicial demand consists of a file-stamped copy of the document submitted to the court where the carrier seeks to apply an offset.

·        Regular WC Offset applies up to the date of judicial demand.

In other WC situations in Louisiana, Regular Offset provisions apply. In such situations your SSDI benefit may be reduced.

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