32 Lifetime Allocation Language Tool and Fee Language Tool

When settling a New York workers’ comp case under Workers’ Compensation Law §32, attorneys need two things: fee language for the OC-400.1 form, and a lifetime allocation that properly offsets Social Security Disability benefits. This free calculator does both — for New York Workers’ Comp practitioners only.

Enter the claimant’s date of birth, sex, total Section 32 amount, and medical allocation. The spreadsheet generates the exact fee-request language you can paste onto the OC-400.1, plus SSD lifetime-allocation language ready to drop into the settlement agreement. Life expectancy is pulled from the SSA actuarial table and can be overridden.

Lifetime allocations matter because a properly-structured Section 32 settlement can prevent Social Security offset from reducing your client’s SSD benefits — one of the most common reasons a settlement doesn’t deliver what the client expects. Related tool: Section 32 and Present Value Calculations.

Below is a spreadsheet which:

• Calculates Section 32 attorney’s fees and puts the fee request in simple language that you can then cut and paste onto your OC-400.1 form
• Calculates SSD offset allocations.
• Then translates the SSD offset calculations into language that can be cut and pasted into a section 32 settlement agreement.

Directions are below.

Open the Calculator

Hard to read the spreadsheet? Open this calculator full screen.

Directions

• First, enter the claimant’s date of birth in the red cell next to DOB.
  • The claimant’s age will appear in the “present age” cell.
• Select the claimant’s sex.
  • The claimant’s life expectancy will then show in the “life expectancy” cell.

• The life expectancy is from https://www.ssa.gov/oact/STATS/table4c6.html#fn1
  • You can use your own/different life expectancy, by manually entering the claimant’s life expectancy into the red cell next to “Life exp (years)”.
• Enter the total 32 amount and the medical allocation amount.
• Once you enter this information, the calculations/32 language will appear in the three large cells at the bottom of the page.
• If you are requesting a fee less than the full 15% attorney fee, you can manually enter a lower attorney fee next to “actual fee.”

Please note, the SSD allocation can be tweaked or I can post a couple of different versions if people request.