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Phone: (202) 393-3320
Donahoe Kearney, LLP
Call (202) 393-3320
Toll Free (888) 863-0983
Fax (202) 393-3324

How does workers compensation affect social security disability benefits?

With a serious work injury that prevents you from working for more than 1 year, you may be eligible for both workers compensation benefits and social security disability.  Workers who have a permanent injury that will prevent them from working for many years are often awarded social security disability as well.

In order to receive workers compensation benefits, you have to prove your work injury prevents you from working.  Social security looks at the whole person - all of the person's medical conditions or injuries.

There is an offset, however.  That means that social security benefits will be reduced to take into account the workers compensation benefits you are getting after an on the job injury.  Currently, the Social Security Administration uses a formula to determine the offset, or reduction, in the amount they pay.  Click on this Fact Sheet for the specifics.

It's important to know that the workers comp benefits are not reduced.    Also, once the workers compensation case settles, you have the ability to reduce the amount of the social security offset, so your social security benefits should go up.

Also, a lot of our clients tell us they applied for social security, got denied and had to appeal.  It seems most people are awarded social security after an appeal and hearing.

If you're trying to figure this out - its complicated - call us and see if we can answer your questions.  We handle every kind of workers compensation issue for private sector workers (people who don't work for the federal or D.C. government).