Can I get both worker’s compensation and Social Security disability benefits?

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Can I get both worker’s compensation and Social Security disability benefits?

Workers’ compensation pays benefits to employees who suffer an injury at work or experience a work-related illness. Benefits for workers’ compensation include medical treatment and money for the partial replacement of lost wages. For an employee who cannot work while recovering from an injury or work-related illness, workers’ compensation can pay temporary total disability benefits. In cases in which the injury or work-related illness has long-term or permanent consequences, an employee can receive permanent disability benefits. When an employee dies as the result of an injury or work-related illness, then the employee’s dependents can receive survivor benefits. In general, workers’ compensation is a program run by state governments.

Similarly, Social Security Disability Insurance (“SSDI”) provides benefits to insured workers with disabilities, or in other words, to those who: (1) have been employed for at least five of the last ten years; (2) have paid FICA (“Federal Insurance Contributions Act”) taxes; and (3) have a “disability” as the Social Security Administration defines the term. A disability, for purposes of Social Security, is a serious medical condition that lasts (or has lasted) for more than a year and prevents someone from being gainfully employed. In addition, SSDI will provide benefits to the disabled children of insured workers, so long as the children became disabled before they reached the age of 22, as well as to the disabled surviving spouses of insured workers who have died. Generally, SSDI is administered by the federal government.

A person can receive workers’ compensation and SSDI benefits at the same time, but workers’ compensation benefits might reduce the amount of SSDI benefits. Under the Social Security Administration’s rules, a person who receives workers’ compensation benefits and Social Security disability benefits at the same time may not receive combined benefits that amount to more than 80 percent of the person’s average current earnings before the person became disabled. For example, if a person earned $4,000.00 per month before becoming disabled, then the person would be eligible to receive $2,200.00 per month in SSDI benefits after becoming disabled. If that same person were also to receive $2,000.00 per month in benefits from workers’ compensation, then the person’s SSDI benefits would be reduced to $200.00 per month to comply with the Social Security Administration’s 80 percent rule.

If you have a current or potential worker’s compensation claim and are interested in applying for SSDI benefits, or if you simply want to be sure that you are receiving the maximum SSDI benefits for which you are eligible, then you should consider speaking with an attorney who has experience with Social Security law in order to minimize the off-set. Call the Nationwide Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

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9 Responses to Can I get both worker’s compensation and Social Security disability benefits?

  1. Mary Andress says:

    On Feb 15, 2011 I injured my back at work and then I went into congestive heart failure in June…I have herniated disc and sprains in my back as a result of my injuries and I went to comp court and the are refusing to pay me for my back anymore even though my drs have me at 100 % disabled…I am getting SSD but it’s only $1,362 a mth as a result of my heart failure…I just lost my cobra ins because I was late on my payment because I have no money coming in…Please give me some good news…as I can’t take anymore of this stress

  2. G Ivey says:

    Get an attorney who specializes in work comp. They will not charge you unless they win.

  3. wanda rosario says:

    i was takeing workers comp for two years i settle on 8/2011 on 6/2012 judge grant me social security that i been fighting since 2009 well now im receiving ssi monthly for 698.00 i worked 26 years of my life and social security does not want to give me my social security check because of the lump sum i took from workers comp is this right

  4. Maria says:

    I’m recieving 966.68 a month in workers comp. I need to know if I can recieve SSI. I am after 3 years still TTD.

  5. Mario says:

    I am currently collecting Workers Comp form my injury at work. I was told By the Company Dr. that I will have permanent damage to my arm which resulted in over 70% of my mobility is gone. My line of work will not allow me to return back to work. Am I allow to collect SSDI, since I am not able to return back to my job and make the same salary that I was making before?

  6. deborah hughes says:

    I had a work related injury that resulted in 4 back MD feels that I can only work 1 day a week(32 hours a month.I am permanenly partial disabled.I receive worker’s comp 901.00 w/o working.Am I entitled to ssd?

  7. Ray Kiley says:

    retired from U.S. post office after 32 yrs. Workered as a custodian full time for over 3yrs was put on long- term disability.During this time I qulified for social security disability of $400 a month. during my period of long term disability I have had both knee replaced, a on going heart condition. High blood pressure, arthris in kneck and synosis of the back that is 50-50 if operated on. My long term disability payment from the university is about to end. Do I have any options from OPM (U.S.Post Office) Or Permant disability rights under federal or Mass.workmens comp.?

  8. linda buchanan says:

    I receive CPP and WCB survival benefit. I am diagnosed with bi-polar level 1 and cannot work now, so am quitting my job and going to doctor. Do I qualify for disability even though I receive CPP and WCB? help. thx

  9. Nilsa Austin says:

    I had a work related injury that resulted in severely injuring my spine, I won the case, I applied for early retirement benefits because I had absolutely no income, I recently won workers compensation case and applied for SSI Disability, my question is which of the benefits would i be able to keep.

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