If you are permanently partially or totally disabled due to a work injury, your workers’ compensation benefits may end because of the Minnesota retirement presumption. This presumption cuts off benefits once you reach a certain age under the assumption that you are not be part of the labor force at this point.
Permanent Total Disability and the Retirement Presumption
If you receive PTD benefits because you are totally disabled and unable to work, the retirement presumption kicks in when you turn age 67, prior to October 1, 2018. The insurance company will end your benefits unless you can show that you are still working or intending on working. You will need to show a workers’ compensation judge some evidence that you are not retired. This may include your statement to others that you are not retired, documents showing your job search, and more.
The Minnesota Legislature recently passed a new law that changes the PTD retirement presumption age from 67 to 72 as of October 1, 2018. This change reflects the increasingly older workforce in the state and many people’s need for additional income before they can truly retire. Also, under the new law, if you get injured at work after turning age 67, then your PTD benefits will continue for 5 years and then stop.
Temporary Total Disability and the Retirement Presumption
TTD benefits also end at retirement. Unlike for PTD, there is no age cap on the retirement presumption. Instead, an employee is presumed retired when evidence shows that it is more likely than not that the employee has retired. The insurance company may present evidence that the employee checked a “retired” box on a form, that the employee told others he is retired, that he moved into a retirement community, and similar.
In addition, if you receive Social Security old age benefits, you are presumed retired for purposes of receiving TTD benefits. You are also presumed retired if you receive a “service-based” government pension (not disability).
Need help getting workers’ compensation for your injury? Joe Osterbauer, Esq. and the Osterbauer Law Firm stand up for injured Minnesota workers’ rights. Joe’s 27 years of workers’ compensation experience and his team’s speedy service combine to get clients the results they need. To schedule a free consultation, visit Osterbauer Law Firm online or call Joe’s office at (612) 334-3434.
