{"id":916,"date":"2012-01-05T17:49:26","date_gmt":"2012-01-06T00:49:26","guid":{"rendered":"http:\/\/www.johntnicholson.com\/ohiolawblog\/?p=916"},"modified":"2012-01-05T17:49:26","modified_gmt":"2012-01-06T00:49:26","slug":"can-i-get-both-workers-compensation-and-social-security-disability-benefits","status":"publish","type":"post","link":"http:\/\/henryclarke.co\/law-office\/can-i-get-both-workers-compensation-and-social-security-disability-benefits\/","title":{"rendered":"Can I get both worker\u2019s compensation and Social Security disability benefits?"},"content":{"rendered":"

Can I get both worker\u2019s compensation and Social Security disability benefits?<\/strong><\/p>\n

\"\"<\/a>Workers\u2019 compensation pays benefits to employees who suffer an injury at work or experience a work-related illness. Benefits for workers\u2019 compensation include medical treatment and money for the partial replacement of lost wages. For an employee who cannot work while recovering from an injury or work-related illness, workers\u2019 compensation can pay temporary total disability benefits. In cases in which the injury or work-related illness has long-term or permanent consequences, an employee can receive permanent disability benefits. When an employee dies as the result of an injury or work-related illness, then the employee\u2019s dependents can receive survivor benefits. In general, workers\u2019 compensation is a program run by state governments.<\/p>\n

Similarly, Social Security Disability Insurance (\u201cSSDI\u201d) provides benefits to insured workers with disabilities, or in other words, to those who: (1) have been employed for at least five of the last ten years; (2) have paid FICA (\u201cFederal Insurance Contributions Act\u201d) taxes; and (3) have a \u201cdisability\u201d as the Social Security Administration defines the term. A disability, for purposes of Social Security, is a serious medical condition that lasts (or has lasted) for more than a year and prevents someone from being gainfully employed. In addition, SSDI will provide benefits to the disabled children of insured workers, so long as the children became disabled before they reached the age of 22, as well as to the disabled surviving spouses of insured workers who have died. Generally, SSDI is administered by the federal government.<\/p>\n

A person can receive workers\u2019 compensation and SSDI benefits at the same time, but workers\u2019 compensation benefits might reduce the amount of SSDI benefits. Under the Social Security Administration\u2019s rules, a person who receives workers\u2019 compensation benefits and Social Security disability benefits at the same time may not receive combined benefits that amount to more than 80 percent of the person\u2019s average current earnings before the person became disabled. For example, if a person earned $4,000.00 per month before becoming disabled, then the person would be eligible to receive $2,200.00 per month in SSDI benefits after becoming disabled. If that same person were also to receive $2,000.00 per month in benefits from workers\u2019 compensation, then the person\u2019s SSDI benefits would be reduced to $200.00 per month to comply with the Social Security Administration\u2019s 80 percent rule.<\/p>\n

If you have a current or potential worker’s compensation claim and are interested in applying for SSDI benefits, or if you simply want to be sure that you are receiving the maximum SSDI benefits for which you are eligible, then you should consider speaking with an attorney who has experience with Social Security law in order to minimize the off-set. Call the Nationwide Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.<\/p>\n","protected":false},"excerpt":{"rendered":"

Can I get both worker\u2019s compensation and Social Security disability benefits? Workers\u2019 compensation pays benefits to employees who suffer an injury at work or experience a work-related illness. Benefits for workers\u2019 compensation include medical treatment and money for the partial replacement of lost wages. For an employee who cannot work while recovering from an injury […]<\/p>\n","protected":false},"author":1,"featured_media":919,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22,24],"tags":[207,581,582,583],"class_list":["post-916","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-personal_injury","category-social-security-ssdssi","tag-disability-offset","tag-workers-comp","tag-workers-compensation","tag-workers-comp-disability-off-set"],"aioseo_notices":[],"_links":{"self":[{"href":"http:\/\/henryclarke.co\/law-office\/wp-json\/wp\/v2\/posts\/916","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/henryclarke.co\/law-office\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/henryclarke.co\/law-office\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/henryclarke.co\/law-office\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/henryclarke.co\/law-office\/wp-json\/wp\/v2\/comments?post=916"}],"version-history":[{"count":0,"href":"http:\/\/henryclarke.co\/law-office\/wp-json\/wp\/v2\/posts\/916\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/henryclarke.co\/law-office\/wp-json\/wp\/v2\/media\/919"}],"wp:attachment":[{"href":"http:\/\/henryclarke.co\/law-office\/wp-json\/wp\/v2\/media?parent=916"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/henryclarke.co\/law-office\/wp-json\/wp\/v2\/categories?post=916"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/henryclarke.co\/law-office\/wp-json\/wp\/v2\/tags?post=916"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}