Code of Maine Rules
90 - INDEPENDENT AGENCIES
351 - WORKERS' COMPENSATION BOARD
Chapter 9 - PROCEDURES FOR COORDINATION OF BENEFITS
Section 351-9-3 - Notification and Release of Social Security Benefit Information Pursuant to section 221(4)

(1) When an employee is receiving either weekly or lump sum payments pursuant to §212 or §213 the employer/insurer shall mail a notice, in a form prescribed by the Board, to the employee of possible eligibility for Social Security benefits and the requirements for establishing proof of those benefits.

(2) Notice must be promptly mailed to the employee after the date the employee reaches his or her full retirement age as defined by the Social Security Administration.

(3) The notice must be mailed to the Workers' Compensation Board at the same time it is sent to the employee.

(1) Because you have reached your full retirement age as defined by the Social Security Administration, you must, within 30 days after receipt of this notice:

* Apply for Social Security old-age insurance benefits. (You cannot be compelled to apply for early federal old-age insurance benefits.)

* You may apply at a local Social Security office; or

* Online at: http://www.ssa.gov/pgm/retirement.htm.

* To understand your rights and responsibilities with respect to your application for and receipt of Social Security benefits, and the Workers' Compensation Act, you should consider seeking advice from an attorney or other expert in Social Security and Workers' Compensation laws.

* You must provide proof to us that you have applied for benefits.

* Proof of application must be mailed to us within 14 days after you submit your application to the Social Security Administration at the following address:

[INSERT EMPLOYER/INSURER ADDRESS]

* Proof of application includes:

A letter from you, or your attorney or advocate establishing you filed the required application;

* You must complete, sign and return the enclosed authorization form, approved by the Social Security Administration, to release benefit information. Please note, your employer/insurer can only use this form to determine if you are entitled to receive Social Security benefits and, if so, the amount of the benefit you are receiving and the period of time you are or have been receiving Social Security benefits.

(2) Pursuant to 39-A M.R.S.A. §221 your benefits will be reduced by up to 50% of the amount of old-age insurance benefits your employer is entitled to offset and you receive under the Social Security Act.

(3) If you fail to provide proof of application or sign and return the enclosed form, we may, with the approval of the Workers' Compensation Board, discontinue your compensation benefits until the proof of application and/or the authority for release of information is provided. Compensation benefits withheld must be reimbursed to you when the required proof of application, or the authority for release of information, or both, has been provided.