N001311
Thursday, January 03, 2002 3:29 AM
Social Security Benefits
Is it true that you will reduce victim comp payments by the total amount
of
Social Securty survivor payments to each family affected by 09/11?
Social Security benefits may be taxable while victim comp payments are
not.
Can survivors withdraw their Social Security Survivor applications and
refund their Social Security survivor payments in order to avoid the
reduction of the victim comp payments by these SSA benefits? If not,
then an exclusion in the law should be writen that precludes SSA
survivor benefits, resulting from 09/11, from any taxation.
If survivors of 09/11 have not filed for SSA benefits are they required
to file for SSA benefits? If survivors do not file a claim for SSA
benefits will there still be an offset by the amount of the SSA benefits
they could have received?
What Social Security benefits will be offset from 09/11 victimim comp
payments?
(Children's , Surviving Spouse, Parents, Lump sum death benefit of
$255.00).
A typical 09/11 case involves the payment of SSA benefits to the
surviving spouse and the children. The surviving spouse will receive
benefits until the last child attains age 16 or will continue to receive
benefits if the child is disabled before age 22 and remains disabled.
Children's benefits continue until they are age 18, or age 19 if in
secondary school, or until death if they are disabled before age 22 and
the disabililty prevents work.
A surviving spouse can reapply for widow's or widower's benefits when
they attain age 60 or 50 if they are disabled. Will these future
benefits also be excluded from
the victim's compensation benefits?
SSA benefits are earned benefits. Life insurance payments result from
payment for an insurance policy. A pension is earned as a result of
years of employment. It seems to be unfair to offset victim's comp
payments by their SSA benefits, pension or life insurance.benefits .
I do not believe that the victim's salary should be considered when
determining the amounts payable from this fund..
The victim's compensation fund is made up of federal taxes. My position
is that the only fair distribution of the victim's comp payments is to
divide the total by the number of survivors and have a cap on the total
payable to each family. I do not believe there should be any offset for
life insurance, pensions, Social Security benefits, etc. If a victim
bought life insurance or paids FICA tax why should the surviving family
members be punished for their resourcefulness?
Individual Comment