Social Security and Your Workers Comp Case

If you are disabled and receiving social security disability insurance (SSDI) benefits, you may be wondering if those benefits are going to be affected if you begin receiving workers’ compensation benefits as well for a work injury that causes you to miss work.

You may be wondering how your finances will shape up after settling your workers’ compensation case.

Unfortunately, SSDI benefits will be adjusted if you are receiving workers’ compensation benefits at the same time. SSDI can take a credit for the amount of state-based workers compensation benefits you receive.  And the total monthly payment cannot be more than 80% of what you were earning when you were working (average current earnings). SSDI will also adjust your benefits if you receive a lump-sum settlement unless your workers comp lawyer takes action to help you at the time of the workers comp settlement.

In order to make sure that you get the highest benefit possible, experienced workers comp attorneys will write up the settlement agreement, in accordance with SSDI regulations, to help to lessen the offset of the SSDI.

And remember, workers' comp offsets do not apply to regular social security benefits. 

If you are currently disabled from a work injury and receving social security disability, or thinking about applying for social security disability benefits, its important to consider all of these factors in order to maximize the benefits you receive for a serious injury at work. 

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