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What Impact Does a Workers’ Comp Settlement Have On SSDI?

person-in-wheelchair

Some employees may be eligible to receive both Social Security Disability Insurance (SSDI) and workers’ compensation benefits if they have a work-related illness or injury. However, it’s important to know that if you currently receive workers’ comp benefits, your eligibility for disability benefits could be negatively impacted.

Can You Collect SSDI and Workers’ Comp Benefits At The Same Time? 

While you can get both SSDI and workers’ compensation benefits, the programs are administered through separate programs, and therefore, the qualifying requirements are different for each. This means that you could be eligible for disability but not workers’ compensation, or vice versa. For example, to qualify for SSDI payments, you must have been disabled for at least 12 months or have a condition expected to result in death. Workers’ compensation does not have these requirements. Thus you may be eligible for workers’ compensation but not SSDI. If you do qualify for both, the amount of workers’ compensation you receive, whether in installments or one lump sum, can reduce your SSDI benefits. 

How Workers’ Comp Can Reduce Your SSDI Payments

Disability payments from private sources or insurance benefits have no bearing on your Social Security disability benefits. However, workers’ compensation and other government disability payments may lower your Social Security benefits. When applying for SSDI benefits, you must disclose any workers’ compensation claims you’ve made and record any payments you’ve already received, including a negotiated lump-sum settlement

To determine whether your payments should be reduced, the Social Security Administration (SSA) looks at your monthly payments from SSDI, workers’ compensation, and/or other public disability benefits. These numbers are added together and if the total amount exceeds 80% of your “average current earnings”, your disability benefit payments will be lowered. 

The Social Security Administration utilizes a variety of ways to calculate your typical current wages. The Social Security Administration chooses which technique to employ on a case-by-case basis, adding to the stress of disability applicants. When asked, the SSA must disclose information regarding the procedures used to determine your benefits decrease.

Freeburn Hamilton Fights for the Rights Of Pennsylvania Workers

Because each case is different, it is critical to speak with an experienced workers’ compensation attorney. At Freeburn Hamilton, our PA disability lawyers are dedicated to assisting employees in obtaining the maximum amount of workers’ compensation benefits and SSDI benefits they are entitled to. To get a free, no-obligation consultation, call 717-777-7777 or complete a consultation form online today.

I had a pleasant and informative time while my case was being litigated. Felt very comfortable with Attorney Schneider and his legal aid Tonya. Steve and Tonya always kept me notified and up to date on changes in my case. I was represented very well

Richard R.