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NOTE OF CAUTION: Minnesota is a State in which Reverse Offset does not apply to all possible WC 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 Workers' Compensation (WC) payments in Minnesota your WC payments may be reduced by procedures called Reverse Offset. The following paragraphs describe situations in which Reverse Offset is applied in Minnesota.
Minnesota has a limited Reverse Offset provision for Permanent Total (PT) WC. If PT Reverse Offset applies, your WC could be reduced. This Reverse Offset occurs when:
· You have been paid $25,000 in PT, AND
· Your SSDI and WC are based on the same injury or impairment (It is assumed to be the same injury or impairment unless there is evidence to the contrary.)
· Reverse Offset also applies to a PT lump sum(LS) award.
· Effective 10/4/83 vocational retraining costs may be included in the $25,000 amount if such payments are made to you in lieu of PT WC payments.
· In some instances Temporary Total (TT) disability can be re-classified to Permanent Total (PT). In such cases Regular Offset is removed effective with the date $25,000 in PT WC benefits is paid.
NOTE: If your WC award does not specify the exact type of WC, i.e. it represents all types of WC, then it is subject to Regular Offset and your SSDI benefits could be reduced.
Reduction of SSDI benefits is possible until $25,000 in PT WC benefits has been paid because Regular Offset applies until then.
Minnesota also has a Temporary Total (TT) WC Reverse Offset provision, which only applies if TT benefits started before 10/4/83. If you receive TT based upon entitlement before 10/4/83 contact SSA for help.
Minnesota also has two Reverse Offset provisions, which can apply to people receiving "supplementary" WC benefits. If you became entitled to supplementary WC between 7/73 and 1/78, Reverse Offset is applied and your supplementary WC benefit could be reduced. (But, your SSDI benefit should not be reduced.) If you became entitled to supplementary benefits beginning in or after 1978 contact Social Security for advice because sub-provisions are quite complicated.
If WC payments involve other than the specific Reverse Offset situations described above Regular Offset provisions apply and your SSDI benefits can be reduced.
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