Can I Collect SSDI And Workers Compensation At The Same Time?

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Last Updat­ed on June 19, 2023 

Can I Col­lect SSDI And Work­ers Com­pen­sa­tion At The Same Time? Call Us Now and Talk with a Work­ers Com­pen­sa­tion Lawyer Today at 844–682‑0999. Free Consult.

Can I Collect SSDI And Workers Compensation At The Same Time?

There are many rea­sons an injured work­er may con­sid­er tak­ing pen­sion or Social Secu­ri­ty retire­ment ben­e­fits while they are receiv­ing work­ers’ com­pen­sa­tion. Under fed­er­al law, a per­son is only enti­tled to receive up to 80% of what is termed “aver­age cur­rent earn­ings” from Social Secu­ri­ty Dis­abil­i­ty and work­ers’ com­pen­sa­tion benefits.

How­ev­er, Work­ers’ Com­pen­sa­tion ben­e­fits as a result of your work injury can reduce Social Secu­ri­ty Dis­abil­i­ty ben­e­fits. To qual­i­fy for SSDI assis­tance, you must have a “severe med­ical con­di­tion that has last­ed, or is expect­ed to last, at least one year or result in death.”

To make it even more com­pli­cat­ed, there is no reduc­tion if you were already receiv­ing Social Secu­ri­ty retire­ment ben­e­fits before the work injury.

There is yet more, dis­abil­i­ty pay­ments from a pri­vate pen­sion or a pri­vate insur­ance com­pa­ny does not affect your Social Secu­ri­ty Dis­abil­i­ty insur­ance benefits.

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Spreading the Benefits

A set­tle­ment of a work­ers’ com­pen­sa­tion case can some­times avoid that reduc­tion by spread­ing the work­ers’ com­pen­sa­tion set­tle­ment out over the claiman­t’s life.

Most work­ers’ com­pen­sa­tion attor­neys will be famil­iar with what is called “spread lan­guage” to min­i­mize the impact of a work­ers’ com­pen­sa­tion set­tle­ment on Social Secu­ri­ty Dis­abil­i­ty benefits.

For that rea­son, it’s impor­tant to dis­cuss your inten­tion to file for Social Secu­ri­ty Dis­abil­i­ty ben­e­fits with your work­ers’ com­pen­sa­tion lawyer.

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Why You Need A Good Workers Compensation Lawyer !

A good Work­ers Comp Lawyer who is also famil­iar with Social Secu­ri­ty dis­abil­i­ty require­ments can pro­vide guid­ance before you apply for either ben­e­fit pro­gram or answer ques­tions if your claim is denied and you need to appeal.

For an employ­ee who can­not work while recov­er­ing from an injury or work-relat­ed ill­ness, work­ers’ com­pen­sa­tion can pay tem­po­rary total 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.

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What types of income do you have to report to Social Security disability?

There are two kinds of income you are required to report to the SSD ben­e­fits pro­gram, earned income and unearned income. Earned income is any mon­ey you receive in exchange for work you per­formed, whether you work for an employ­er or you are self-employed.

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Questions People Ask

• How Does Work­ers Com­pen­sa­tion Affect My Social Secu­ri­ty Dis­abil­i­ty Payments? 
  • Work­ers com­pen­sa­tion ben­e­fits can affect your Social Secu­ri­ty dis­abil­i­ty pay­ments in two ways. First, your Social Secu­ri­ty dis­abil­i­ty pay­ments may be reduced if you are also receiv­ing work­ers’ com­pen­sa­tion ben­e­fits. Sec­ond, if you are receiv­ing work­ers’ com­pen­sa­tion ben­e­fits, you may be required to prove that you are unable to work due to your dis­abil­i­ty in order to be eli­gi­ble for Social Secu­ri­ty dis­abil­i­ty payments.
• What If I Set­tle My Work­ers Com­pen­sa­tion Claim While Receiv­ing Social Secu­ri­ty Dis­abil­i­ty Benefits? 
  • If you set­tle your work­ers’ com­pen­sa­tion claim while receiv­ing Social Secu­ri­ty dis­abil­i­ty ben­e­fits, you will need to inform the Social Secu­ri­ty Admin­is­tra­tion of the set­tle­ment. The amount of your Social Secu­ri­ty dis­abil­i­ty pay­ments may be reduced if the set­tle­ment is large enough. Addi­tion­al­ly, if you receive a lump sum set­tle­ment, you may need to set aside some of the mon­ey to cov­er future med­ical costs asso­ci­at­ed with your disability.
• How Much Work­ers Com­pen­sa­tion Will Affect Social Secu­ri­ty Payments 
  • The amount of work­ers’ com­pen­sa­tion that will affect your Social Secu­ri­ty pay­ments depends on the amount of your work­ers’ com­pen­sa­tion ben­e­fits. Gen­er­al­ly, if your work­ers’ com­pen­sa­tion exceeds 80% of your aver­age cur­rent earn­ings, your Social Secu­ri­ty dis­abil­i­ty pay­ments may be reduced by the amount of the work­ers compensation.
• What Are The Dif­fer­ences Between Work­ers Com­pen­sa­tion And Social Secu­ri­ty Dis­abil­i­ty Insur­ance SSDI Benefits? 
  • Work­ers com­pen­sa­tion ben­e­fits are pro­vid­ed to indi­vid­u­als who have suf­fered an injury or ill­ness due to their work duties. These ben­e­fits are typ­i­cal­ly paid by an employ­er or their insur­ance com­pa­ny and are designed to cov­er med­ical expens­es and lost wages. On the oth­er hand, Social Secu­ri­ty dis­abil­i­ty insur­ance (SSDI) ben­e­fits are pro­vid­ed to indi­vid­u­als who are unable to work due to a dis­abil­i­ty. These ben­e­fits are fund­ed through Social Secu­ri­ty tax­es and are designed to pro­vide finan­cial secu­ri­ty to indi­vid­u­als who can­not work due to a disability.
• If I Was Injured On The Job And Am Receiv­ing Work­ers Com­pen­sa­tion, Can I Still File A Claim For Dis­abil­i­ty Ben­e­fits In PA?
• Work­ers Com­pen­sa­tion Ver­sus Dis­abil­i­ty Benefits
• How To Qual­i­fy For Dis­abil­i­ty Benefits
• Can I Col­lect Both VA Work­ers Com­pen­sa­tion Ben­e­fits And Social Secu­ri­ty Dis­abil­i­ty Benefits? 
  • Yes, it is pos­si­ble to col­lect both VA work­ers’ com­pen­sa­tion ben­e­fits and Social Secu­ri­ty dis­abil­i­ty ben­e­fits. How­ev­er, the amount of ben­e­fits you are eli­gi­ble for may be reduced if you are receiv­ing both types of ben­e­fits. Addi­tion­al­ly, you may be required to pro­vide proof that you are unable to work due to your dis­abil­i­ty in order to be eli­gi­ble for both benefits.
• Get­ting The Help You Need With SSD And Work­ers Com­pen­sa­tion Benefits
• How Much Work­ers’ Com­pen­sa­tion Will Low­er Social Secu­ri­ty Payments 
  • The amount of work­ers’ com­pen­sa­tion that will low­er Social Secu­ri­ty pay­ments depends on the amount of the work­ers’ com­pen­sa­tion ben­e­fits. Gen­er­al­ly, if the work­ers’ com­pen­sa­tion ben­e­fits exceed 80% of an indi­vid­u­al’s aver­age cur­rent earn­ings, Social Secu­ri­ty pay­ments may be reduced by the amount of the work­ers’ compensation.
• Does Work­ers’ Com­pen­sa­tion Affect Social Secu­ri­ty In New York?
• How Does A Lump Sum Set­tle­ment Affect Social Secu­ri­ty Disability? 
  • A lump sum set­tle­ment can affect Social Secu­ri­ty dis­abil­i­ty pay­ments in two ways. First, the amount of the Social Secu­ri­ty dis­abil­i­ty pay­ments may be reduced if the lump sum set­tle­ment is large enough. Sec­ond, if the lump sum set­tle­ment is large enough, the indi­vid­ual may need to set aside some of the mon­ey to cov­er future med­ical costs asso­ci­at­ed with their disability.

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