Dec 2, 2025

Washington Court Rejects Attempt to Reduce Social Security Offset Based on Attorney Fees

In an unpublished decision, the Washington Court of Appeals has affirmed that the Department of Labor and Industries is not required to account for a claimant’s attorney fees when calculating social security offsets against workers’ compensation benefits, following longstanding state Supreme Court precedent [Yetter v. Department of Labor & Indus., 2025 Wash. App. LEXIS 2345 (Wash. Ct. App. Div. 1, Nov. 17, 2025)]. The court also rejected the claimant’s argument that the Department unreasonably delayed payment of retroactive benefits.