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Can I Collect Both Social Security and Workers’ Compensation

by Adriane Adame | May 10, 2019 | Law attorney

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It is possible to collect both Social Security benefits as well as Workers’ Compensation, assuming you meet all the requirements for the two programs. If you are unsure about how your condition and additional sources of income could potentially affect your eligibility for SSDI, contact a Social Security lawyer in your state. Most offer a free consultation with valuable advice tailored to your case.

If you were seriously injured at work, you could be able to receive benefits from both programs which are serviced by different entities on either the federal or state government level. However, if you receive Worker’s Compensation, it can change how much money you will receive on a monthly basis from the Social Security System.

Workers Compensation – What is it?

Worker’s Compensation is awarded for employees who were injured at their place of work. The Workers Compensation programs are run by your home state and can, therefore, vary according to your location. Some states have stricter rules will other states have less rigid guidelines, so it is best to inform yourself before you get started with the process.

Generally, Worker’s Compensation is designed to be a temporary fix while you are injured and unable to work. As soon as your doctor decides that you can return to work, you must do so, and the benefits will stop. In some cases, employees who have become disabled due to injury at the workplace will receive these benefits while going through the Social Security Disability Insurance (SSDI) application process.

Unlike the Social Security Administration, there are no specific requirements you must adhere to get the benefits. Contacting the top personal injury lawyers in your area is a good start since they can point you in the right direction regarding your application. They can also provide you with helpful information about the application process and how your chances look.

The Social Security Administration and their nation-wide disability benefits

The Social Security Disability benefits program, however, is run by the Federal Social Security Administration. Guidelines and requirements, therefore, do not vary from state to state, and all applicants are held to the same standards.

SSDI is designed to support American citizens that, whether due to illness or serious injury, are no longer able to carry out standard everyday activities in both physical and mental capacities.

Each applicant will be subject to an intensive investigation into their medical and work history to determine their eligibility. During their investigation, the SSA will determine if the condition is permanent and prohibits the individual from working in any capacity, for the rest of their lives.

How can Worker’s Compensation affect SSA disability pay-outs?

Since Worker’s Compensation is considered a separate entity from SSA programs, it will not affect your eligibility to receive Social Security Disability benefits. However, it can affect how much you will collect on a monthly basis.

According to federal laws regarding disability benefits, the total sum of your Worker’s Compensation and SSDI benefits can only amount to 80% of your previous income. If your benefits surpass this amount, your SSDI benefits will be reduced until it reaches the limit.

As soon as you stop receiving Worker’s Compensation, reach out to your Social Security lawyer. They will contact the SSA on your behalf to raise your monthly benefits amount to make up the missing additional income.

Not sure where to start? Speak with Social Security Disability lawyers near you!

Lawyers specializing in injuries and benefit programs are a great source of information and support when embarking on this complicated process. Depending on your location, lawyers may tell you to apply for one benefit program before the other, as there may be some additional advantages. In addition to simple advice during the process, lawyers can also create all of your claims, effectively reducing your stress levels and the amount of paperwork you must complete.

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