Workers Compensation and Social Security Disability
You may be wondering if you can receive both Social Security Disability Insurance (SSDI) and Workers Compensation benefits. The answer is yes. If you qualify for both programs, you can receive them at the same time. Workers Comp and SSDI are separate programs though. Workers Compensation is run by the state in which you reside while SSDI is a federal program run by the Social Security Administration (SSA).
What Is Workers Compensation?
Workers Compensation is meant to be a temporary benefit that helps employees who have suffered a work injury by giving them a period of continuing income while they regain their health or wait to be accepted for SSDI benefits. Because it is a separate program, receiving Workers Comp doesn’t disqualify you for SSDI or even reduce your chances of being approved.
Workers Comp insurance laws are different in each state. If you’ve suffered an injury at work and believe you might qualify for Workers Compensation, it’s imperative to your case to hire an attorney who is familiar with the program in your state.
Of course, Workman’s Compensation qualifications are very different from those required for Social Security Disability benefits, so it is possible that you may qualify for one but not the other.
Facts to Consider
The only rule regarding collecting both SSDI and Workers Compensation is that the total benefits from both programs must not exceed 80 percent of your previous income. If the amount comes to more than that 80 percent, the SSA reduces your SSDI entitlement to bring down your total. In order to receive the benefits you deserve, it’s imperative that you let the SSA know if your Workman’s Comp ends while you are still collecting SSDI so they can adjust your benefits accordingly.
Keep in mind that private disability insurance and pensions do not count against your SSDI benefits. Even if your private insurance payments bring your total income to an amount that’s more than what you earned while working, it will not affect your SSDI benefit amount.
It’s important to note that the qualification requirements for SSDI are different from those for Workers Comp. You are generally approved for Workman’s Compensation if you are no longer able to perform the job you did before you were injured. However, the SSA requires you to be totally disabled, which means that you are unable to perform work in any field. They also require your condition to last over a year or be expected to result in your death.
Hiring Workers Compensation Lawyers
While it’s possible to collect SSDI and Workers Compensation at the same time, it can be advantageous to apply for one before the other. These advantages differ by state. If you’re planning on receiving both SSDI and Workers Comp, it would benefit you to seek a lawyer’s advice who has experience working with both Social Security Disability and Workers Comp claims. For a free consultation, call the Disability Help Center San Diego today at 1-888-418-8860 or contact us online.