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Disability Lawyer > Blog > Social Security Disability > Will Workers’ Compensation Benefits Impact My SSDI Payments?

Will Workers’ Compensation Benefits Impact My SSDI Payments?

Question

Many people who are seeking Social Security Disability Insurance (SSDI) need payments due to a workplace injury. Yet after a workplace injury, it can be difficult to understand the relationship between SSDI payments and workers’ compensation payments. If you begin receiving workers’ compensation payments immediately after your workplace injury, will you limit your ability to receive SSDI payments? Or, if you receive SSDI payments and later seek workers’ compensation benefits, will you lose your ability to have your medical bills covered by workers’ compensation insurance or your ability to receive wage replacement benefits?

Generally speaking, an injured worker will immediately seek workers’ compensation benefits because these can be obtained quite quickly following a workplace injury. For SSDI benefits, there is usually a five-month waiting period before you can begin receiving benefits. Yet you may be able to receive both workers’ compensation benefits and SSDI benefits. The Social Security Administration (SSA) gives information about how these types of benefits can impact one another, and our national disability benefit lawyers can provide clarification.

Workers’ Compensation Payments Can Reduce Your SSDI Payments

 If you are receiving workers’ compensation benefits, those benefits could reduce the amount of SSDI payments you receive. You should not automatically assume that your SSDI benefits will be reduced, but you should speak with a lawyer about your specific circumstances.

Your Total Amount of SSDI and Workers’ Compensation Payments Cannot Exceed 80 Percent of Your Pre-Disability Average Earnings 

How much could your SSDI benefits be reduced by workers’ compensation benefits? The total amount of the benefits you receive cannot be more than 80 percent of “your average current earnings before you became disabled.” The amount of your average current earnings is calculated based on one of the formulas used by the Social Security Administration. If the SSA determines that the amount of your benefits has exceeded that 80 percent threshold, then your SSDI benefits will be reduced so that your total benefit is equal to 80 percent of your average current earnings prior to your disability

Some Public and Most Private Benefits Do Not Impact Your SSDI Payments 

Certain types of public benefits will not reduce the amount of SSDI benefits you receive (although receiving SSDI payments could affect your eligibility for some of these kinds of public benefits). In general, Veterans Administration benefits, local government benefits, and Supplemental Security Income (SSI) benefits will not typically reduce the amount of SSDI benefits you receive. However, receiving SSDI benefits could affect your eligibility for SSI payments.

 Any private benefits from a workplace injury will not affect your SSDI payments. Private benefits that may be through your workplace or through a private insurance policy will not affect the amount of your Social Security Disability benefits.

Contact a National SSDI Benefits Attorney

 When you have questions or concerns about the amount of your SSDI payments, or the way in which certain public benefits can affect your Social Security benefits, you should seek advice from a lawyer. One of the experienced national SSDI benefits attorneys at the Law Offices of Stephen Barszcz can assist you. Do not hesitate to contact us for more information.

Sources:

faq.ssa.gov/en-us/Topic/article/KA-01777#:~:text=Is%20there%20a%20waiting%20period,Disability%20Insurance%20(SSDI)%20benefits%3F&text=If%20we%20find%20you%20disabled,we%20find%20your%20disability%20began

ssa.gov/pubs/EN-05-10018.pdf

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