Can I Collect Workers’ Compensation Benefits While Collecting Social Security Disability Benefits?
September 12, 2019
If you were injured at work, and you are collecting Workers’ Compensation benefits, you might assume that this disqualifies you from being able to collect Social Security Disability Insurance (SSDI). In fact, you can collect both benefits at the same time. However, the amount of SSDI you receive is going to be reduced by a certain amount because the combination of Workers’ Compensation benefits and SSDI cannot exceed 80 percent of the injured worker’s average current salary. An experienced Workers’ Compensation lawyer can explain how these benefits work and ensure that you receive the full benefits that you deserve.
Workers’ Compensation and SSDI are separate programs that are run by two different organizations. SSDI is a federal program that is run by the Social Security Administration (SSA). Workers’ Compensation programs are run by each individual state. In some cases, you may qualify for one, but not the other. The qualifications used to determine eligibility for Workers’ Compensation are different compared to those used to determine whether you have a permanent disability.
In most cases, if you are collecting Workers’ Compensation benefits for a work-related injury, you will only collect benefits until you are able to return to work. These benefits allow you time to recover from the injury and provide financial compensation for costs related to the injury, including medical bills and lost wages. It also provides income while you wait for your SSDI benefits to be approved. Your SSDI claim will not be denied simply because you are collecting Workers’ Compensation benefits.
Factors that Impact Your Benefit Amount
Since the total income you receive from the combined benefits cannot be more than 80 percent of your previous income, if the total of your Workers’ Compensation benefits and your SSDI compensation is over 80 percent, the SSA will deduct the necessary amount from your SSDI entitlement to bring the total to under 80 percent. If your Workers’ Compensation benefits stop, and you are still collecting SSDI, the SSA will likely make the appropriate adjustments to your benefits.
To qualify for disability benefits through SSDI, you must demonstrate that you are totally disabled and that you are no longer able to perform any job duties that you have performed in the past. In addition, you must prove that you are unable to do any type of work that you could be trained to do. Finally, your disability must be expected to last for at least a year, or that it is expected to ultimately be the cause of your death.
Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Help Injured Workers Secure Maximum Benefits
If you were seriously injured on the job and you are unable to return to work, contact the Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton as soon as possible. You may be eligible to collect Workers’ Compensation benefits as well as Social Security Disability Insurance, depending on the nature and severity of your injury. We will thoroughly explain the options that are available to you and ensure that you receive the maximum financial benefits you deserve. To schedule a free consultation, call us today at 844-556-4LAW (4529) or contact us online. Located in Baltimore, we serve clients throughout Maryland.
