Social Security Disability  & Workers' Compensation

Published by The Klein Law Group, P.C.

WORKER'S COMPENSATION OFFSET

If you receive Worker's Compensation Benefits at the same time you are eligible for Social Security Disability Benefits, this may cause a reduction in the amount of Social Security Benefits you and your family receive.

The amount of Social Security Disability Benefits payable to you will be reduced by the amount of the Worker's Compensation benefits plus the Social Security Disability Benefits not to exceed 80% of the wage earner's average earnings.  The average current earnings is an amount which will be computed by the Social Security Administration, based on several different factors.

Reduction in benefits generally will be taken from the wage earner's beneficiaries (wife & children) before the wage earner's benefits are reduced. 

Worker's Compensation lump sum settlements will generally be prorated over a period of years, and the above 80% rule will be applied in order to determine the need for a reduction in monthly Social Security Disability Benefits.

SHOULD I FILE A CLAIM FOR SOCIAL SECURITY DISABILITY?

If you have worked at least ten years in a job before your accidents and/or the onset of your disability, you may be entitled to file a claim for Social Security Disability benefits.

If you have been out of work for at least six months, it is to file your claim for Social Security Disability benefits.

HOW LONG DO PAYMENTS CONTINUE?

Your Disability checks will be paid for as long as you cannot work because of a severe condition.  They will not necessarily continue indefinitely.  Because of advances in medical science and rehabilitation techniques, an increasing number of disabled people recover from serious accidents and illnesses.

Your case will be reviewed periodically unless you have a severe condition considered permanent.  This is to make sure you continue to meet all requirements for disability checks.

If you are still disabled at 65, your checks as a disabled worker will be automatically changed to retirement benefits, generally in the same amount.  You will then receive a new booklet explaining your rights and responsibilities as a retired person.  If you are a disabled widow or widower, your payment will also stay the same at 60, and you will receive a new instruction booklet. 

MEDICARE AND SOCIAL SECURITY

After you receive disability checks for 24 months, you will have Medicare protection to help you pay hospital, doctor and other medical bills.  You will receive information about Medicare several months before your coverage starts. 

WHAT IF A DISABLED PERSON WORKS?

Social Security does more than provide help to disabled people in the form of monthly benefits and Medicare.  It also offers hope and encouragement for those who wish to return to gainful work.  Several provision in the law help ease the transition for disabled people who try to work.

INCOME TAX ON BENEFITS

Benefits are generally not taxed with certain exceptions tied to individual gross income, tax exempt interest and other earnings/benefits. 

YOUR RIGHTS TO QUESTION A DECISION

If you have any questions about your payment amount of any future changes in checks for you or your dependents, get in touch with your social security office.

After that, if you still aren't satisfied that a decision on your payment is correct, you have the right to ask that you case be reconsidered.  Your request must be made in writing and filed with any Social Security office within 60 days after receiving the notice you disagree with.

After reconsideration of your claim, there are other steps which can be taken if you are still not satisfied.  These steps include a hearing before an administrative law judge, review by the Appeals Council, and a civil action in the Federal Court.