When a person suffers a work injury, filing a workers’ compensation claim is often among their first concerns. If that injury is so severe that they are no longer able to work, they may also need to pursue avenues for disability benefits. A common question that injured workers have is, “Can I get workers’ comp and Social Security disability benefits at the same time?”
The short answer is “yes.” However, the amount of disability benefits you can receive will be reduced.
What Is the Difference Between Workers’ Compensation and Social Security Disability?
Social Security disability and workers’ compensation are two completely different programs that fulfill different needs and have different requirements.
Workers’ compensation is a state program, and as such the requirements and benefits may vary depending on where you live. Typically, these are temporary benefits awarded to employees injured at work.
Social Security Disability Insurance is a federal program that provides benefits to qualifying workers who are suffering from a disabling condition that is expected to last at least a year. The SSA bases benefits approval on several factors, including medical evidence and work credits.
How Much Can I Get in SSDI If I’m Receiving Workers’ Comp?
When you are eligible for both Social Security disability benefits and workers’ compensation benefits, the disability benefits you are able to receive will be reduced based on several factors. To do this, Social Security will determine the greater of the following:
- The total disability insurance benefit before offset; or
- 80% of your “average current earnings” (ACE) before you became disabled.
Your Social Security disability benefits will then be reduced by the amount that exceeds the higher of the two numbers above because you cannot receive disability benefits and workers’ compensation benefits that, when combined, total more than 80% of your average current earnings.
If you have more questions, contact our Houston Social Security Benefits Attorney at 713.993.7311.
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