Applying for Social Security Disability Benefits While on Workers’ Compensation?

Yes, but it is complicated.

Workers’ Compensation (WC) benefits are those that are paid to an individual who has been injured on the job.  These WC benefits can be both monetary and medical in nature.  The Social Security Administration (SSA) actually has a very informative web page that goes into detail on the subject.

Essentially, if you are awarded SSA disability and have been drawing WC benefits, the SSA takes into account what you have been paid and for when.

While you can conceivably continue to receive WC benefits, your SSA disability benefits could be offset (reduced) or possibly even eliminated altogether.

The same can be said even if you no longer receive WC benefits or received a lump sum settlement.  The SSA will still review the period in question when you were drawing/eligible for WC and act similarly for that time frame.  The SSA effectively looks at it like you were “double dipping.”

What happens is this:  when you add the two benefits together and the monthly amount you are set to receive is greater than 80 percent of what wage you were earning prior to becoming injured/disabled, the overage is taken off your SSA disability benefits -- which might reduce it to zero -- and if that happens you might also no longer receive your Medicaid/Medicare medical benefits.

Like I said, it is complicated.  Check out the SSA web page for more details.

If you or your child have been denied disability benefits or suffer from a severe impairment that is expected to last more than twelve months and that prevents you from doing any of your past or other work or is causing developmental delay, please contact our office nearest to you to set up a free consultation appointment to discuss your situation.