Can You Collect Social Security Disability At The Same Time As Worker’s Compensation? - Disability Secrets

By Tim Moore on May 9, 2010 8:37 AM | Permalink If you are approved for Social Security disability there is nothing barring you from receiving worker’s compensation. Worker’s compensation entitlement is based upon the fact that you have some kind of work related impairment that has prevented you from working at your usual job and, as such, does not interfere with you collecting your Social Security benefit. However, there are some restrictions involved with receiving Social Security disability benefits simultaneously with worker’s compensation benefits. Social Security does not pay a full disability benefit amount to individuals who are receiving worker’s compensation benefits. Worker’s compensation benefits cause an individual’s Social Security disability benefits to be offset (lessened). Perhaps the reasoning for this has been that Social Security and worker’s compensation benefits are both government funded disability benefits and it would be unfair to pay a person who is already receiving a federally funded disability benefit the full amount of another federally funded benefit. However, this is not likely if you consider the fact that there is no offset involved when a person is receiving both social security disability and VA disability benefits. It really does not matter why Social Security offsets their disability benefit. Suffice it to say that if you receive weekly worker’s compensation benefits there is a very good chance that your Social Security disability benefits will be greatly reduced. If your worker’s compensation claim is going to be settled, your worker’s compensation attorney should include a “clincher statement or statement” that prorates your worker’s compensation settlement weekly over the course of your lifetime to reduce the affect it has on the amount of Social Security disability benefits you can receive. If your representative does not prorate your worker’s compensation settlement, your Social Security will continue to be offset by the weekly amount until the settlement amount is recouped. This could mean that an individual would receive a very small amount of Social Security monthly benefits for years after they have settled their worker’s compensation claim. So be very careful when settling your worker’s compensation claim if you are receiving Social Security disability. Return to the homepage for:Social Security Disability Secrets Social Security Disability Resource Sections

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