Can I Collect Workers’ Compensation and Social Security Benefits At The Same Time?
If you’ve been injured on the job many Workers’ Compensation statutes require that you apply for Social Security Disability benefits, particularly if you are claiming you are permanently totally disabled.
Workers’ Compensation laws will allow you to collect both Workers’ Compensation and Social Security benefits, there is a cap in the amount of benefits you can collect. There is a Federal law that limits the two combined benefits to no more than 80% of your average monthly wage. This can be a complicated math calculation.
Who Has The Right To An Offset?
Some states even allow for a “reverse offset” that means that the Social Security Administration (SSA_ gets the right to offset your Workers’ Compensation benefits first. Ultimately, 1-2 years later the offset reverts to the Workers’ Compensation carrier. At that time, the Workers’ Compensation carrier can reduce your Workers’ Compensation benefits by the receipt of your Social Security benefits. It isn’t a dollar for dollar offset and each state’s method of calculations varies.
What’s The Impact Of Workers’ Compensation Settlements?
If you get a Workers’ Compensation settlement, that settlement should be broken down into amounts attributable to future lost wages and future medical expense. The SSA won’t reduce your benefits by the receipt of the medical portion of the settlement if you make a proper allocation.
However, they have the right to reduce your future benefits by the receipt of your Workers’ Compensation settlement. It’s crucial that your lawyer prorate the amount of your future compensation over your lifetime in an effort to limit the Social Security Administration’s right to reduce your Workers’ Compensation settlement.
This is a complex area of law and if you have a Workers’ Compensation case you should consult an experienced Workers’ Compensation and Social Security Disability attorney to walk you through this process. Call today at 727-894-3188 for your complimentary consultation.