Worker's Comp

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Worker’s Compensation

Are you a Workers’ Compensation (WC) claimant who needs to apply for Social Security Disability Insurance (SSDI) benefits? We work with you and your Workers’ Compensation carrier throughout the Social Security disability determination process.

Can You Receive Both Workers’ Compensation and Social Security Benefits?

If you are disabled, you can apply for SSDI while receiving WC benefits, and you may qualify for both. But if you’re getting WC, it may affect how much money you’ll receive from SSDI (or vice versa). The statute provides that where an individual is receiving both SSDI benefits and state WC benefits on account of a disability, his or her SSDI benefits “shall be reduced” by the amount necessary to ensure that the sum of the state and federal benefits does not exceed 80% of the individual’s average pre-disability earnings.

It’s possible to collect workers’ compensation benefits and Social Security disability (SSD) benefits at the same time. However, the two programs have different requirements for approval, and the Social Security Administration (SSA) can reduce your SSDI benefits by the amount of your workers’ comp benefits. This is known as the workers’ comp offset.

Getting approved for Social Security Disability and Workers’ Compensation…

    You can receive Social Security disability benefits only if your impairment is severe and is expected to last a year or more, preventing you from doing any kind of substantial work. 

    Each state workers’ compensation program has its own eligibility rules. Generally, to be approved, you’ll need to show that you suffered a work-related injury or illness that kept you from working for a certain period.

    SSDI Benefits: The Workers’ Compensation Offset

      While the two benefit systems are completely separate—SSD and SSI are standardized federal programs, while workers’ compensation laws differ from state to state—the Social Security Administration (SSA) may lower your disability payments by the amount of your workers’ compensation benefits, by taking what’s called an “offset.”

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