Can you collect Workers Compensation Benefits and SSD Benefits simultaneously?
Ramon Martin • October 5, 2023
Serving Birmingham, Huntsville, Montgomery and all of Alabama.
Yes, it is possible to collect workers' compensation and Social Security Disability (SSDI) benefits simultaneously, but there are some important considerations to keep in mind:
- Offset Rules: In some cases, the total amount you can receive from both workers' compensation and SSDI may be limited by what is known as the "workers' compensation offset." The Social Security Administration (SSA) has rules in place to prevent "double-dipping" or receiving more in combined benefits than you would if you were only receiving SSDI. The offset rules vary by state and can be complex, so it's essential to consult with a legal expert or the SSA for guidance specific to your situation.
- Monthly Limits: SSDI benefits are not need-based and are paid based on your work history and earnings. Workers' compensation, on the other hand, is typically need-based and designed to replace lost income due to a work-related injury. The combined amount you receive from both sources should not exceed a certain percentage of your average pre-disability earnings.
- Reporting Changes: It's crucial to keep the SSA and your workers' compensation provider informed about any changes in your benefits, as changes in one source of income may affect the amount you receive from the other.
- Different Eligibility Criteria: Workers' compensation and SSDI have different eligibility criteria. To qualify for SSDI, you must have a qualifying disability that is expected to last at least 12 months or result in death, and you must have a sufficient work history. Workers' compensation, on the other hand, is generally available to employees who have suffered work-related injuries, regardless of their work history.
- Consult with Experts: Given the complexity of the rules surrounding workers' compensation and SSDI, it's advisable to consult with legal experts or professionals who specialize in disability benefits to ensure you understand the regulations that apply in your specific situation. An attorney or disability advocate can help you navigate the process and maximize your benefits.
Remember that the rules and regulations regarding workers' compensation and SSDI can change over time and may vary by state. It's essential to consult with experts and stay informed about the latest developments in these programs to ensure you receive the benefits you are entitled to without any complications.