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Can I Get Social Security Disability and Worker’s Comp?

Can I Get Both Social Security Disability and Worker's CompThe SSA administers the largest retirement program in the United States. This program has collected FICA taxes since the 1930s and began paying retirement funds in 1940. It was not until the 50s that the program was expanded to include disability payments for qualifying participants who were no longer able to work. A Houston Social Security attorney often works with disabled individuals to ensure they receive the disability pay they deserve.

Social Security Disability and Worker’s Comp

SSA makes monthly payments to individuals who are no longer able to work. In order to qualify, your disability must prevent you from working for a minimum of a year. In addition, you must meet the qualifications of other tests, including the amount of time you have worked under the program and when you became disabled.

Worker’s compensation funds are paid to individuals who are injured on the job. These funds can include both short-term disability and long-term disability, though the laws governing worker’s compensation vary from state to state. Workers who receive only short-term disability are expected to return to the workforce and generally do not qualify for disability benefits through SSA.

It is possible to receive both long-term disability from worker’s compensation and disability from the SSA. However, your funding will be reduced from SSA in a ratio proportionate with the funding from your long-term worker’s comp. The total of both funds will never be less than you would have received if you only had funding from the SSA. This reduction of Social Security disability benefits is called an “offset.”

The rules regarding Social Security disability and worker’s compensation are complex, but a Houston disability attorney can help clarify your rights in this regard.

Denial Appeals

Sometimes, the government makes decisions concerning your benefits with which you do not agree. As in other government programs, you have the right to appeal such decisions. In addition, you have the right to hire a lawyer to represent you in the appeal process.

One of the most common times individuals seek the help of a lawyer when dealing with the SSA is in the process of applying for disability payments for themselves or their children.

If you have been injured on the job, proving that you are unable to work can be difficult and decisions have more leeway for interpretation. Many adults find they must appeal the decisions made more than once to win approval. A Houston Social Security lawyer can help you through this appeal process.

When you join the working world at age 20, studies show you have a 1 in 4 chance of becoming disabled before you reach full retirement age. If you are injured and cannot return to work for at least a year, you may be entitled to disability payments.

Contact a Houston Social Security attorney at The Law Offices Of M. Stanley Whitehead today to get help applying for or appealing a denial of benefits.

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