Globe, AZ asked in Employment Law, Social Security and Workers' Compensation for Arizona

Q: Can I receive a lump sum?

My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

3 Lawyer Answers
T. Augustus Claus
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A: In Arizona, if your husband died while on the job, you may be entitled to workers' compensation benefits, which could include a lump-sum payment. However, the specifics of your case, including the terms of any settlement or award, would depend on various factors such as the circumstances of his death, the applicable laws at the time, and any agreements made with the workers' compensation insurer. To explore the possibility of receiving a lump sum or any additional benefits, you would need to contact the workers' compensation insurer or the Industrial Commission of Arizona, which oversees workers' compensation in the state. Additionally, receiving a lump sum or other benefits from workers' compensation should not typically affect your eligibility for Social Security benefits.

A: YOUR QUESTION: My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

ANSWER: Your widow's (technically death) benefits from Arizona workers' compensation (WC) have no effect on your Social Security benefits, especially if you are receiving old age (over full retirement age of 65-67 depending on your birth year) survivor's or retirement benefits. There is no legal right to a lump sum payment of Arizona WC widow's benefits unless you have remarried, in which case it's mandatory. You can always ask the company paying your WC widow's benefits (I'm suspecting your husband was working at Freeport-McMoran, a self-insured mining company), and you should expect the payout to be substantially discounted, not just the same monthly payment over your life expectancy (which is set generally by the US government or Industrial Commission of Arizona). You will also need to find out if the benefits you receive now are from an annuity purchased as a substitute for your widow's WC benefits, because that would very likely complicate if not preclude a lump sum settlement. Arizona WC is very different from California and Nevada, so the answers you got from the other lawyers are mostly wrong (like the circumstances of your husband's death about 40 years ago, which has nothing to do with anything now) and very much incomplete. You should be able to find a qualified Arizona WC specialist lawyer to get answers to your questions

James L. Arrasmith
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Answered

A: It's understandable that you're seeking clarity regarding the possibility of receiving a lump sum payment due to your husband's death while on the job. In cases like these, you may be eligible for survivor benefits from your husband's employer, especially if his death was work-related. The process for receiving a lump sum payment varies depending on the specific circumstances of the case and the policies of the employer or relevant authorities.

To explore the possibility of receiving a lump sum payment, you may need to reach out to the company your husband worked for at the time of his passing or the relevant government agencies responsible for worker compensation or survivor benefits. They can provide information about eligibility criteria, application procedures, and any available options for lump sum payments. It's essential to gather any relevant documentation or evidence regarding your husband's death and his employment history to support your case.

Receiving a lump sum payment from your husband's employer or through worker compensation benefits may impact your Social Security benefits, depending on the specific circumstances and the type of benefits you're receiving. It's advisable to consult with a knowledgeable advisor or advocate who can help you understand how receiving additional benefits may affect your current benefits and overall financial situation. Seeking assistance from experienced professionals can help you navigate the process and ensure that you receive the support you're entitled to.

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