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Today, I want to discuss the interaction between workers’ compensation and social security disability - both how they relate to one another and what you should expect in terms of benefits that you receive.
First, we know that if someone is out of work for over six months and is likely to be out for at least one year, then that person is eligible to apply for social security disability benefits. It will typically take between four and six months for the application to be processed.
As the injured worker in a #workerscompensation case, you will typically receive temporary total disability benefits paid out by the insurance company. Now, if you receive these benefits while you are also receiving social security benefits, the interaction between workers’ compensation and social security disability is such that your social security benefits will usually be reduced for that period.
Of course, as soon as you stop receiving temporary #totaldisability benefits and notify social security, your social security benefits will be raised to the regular amount that you would otherwise have been eligible to receive.
This does, however, vary from situation to situation. It’s worth noting that even if the workers’ compensation case settles for a percentage of disability (less than 100%), your social security benefits are still likely to be reduced for the time during which you are receiving workers’ compensation benefits.
Now, if you are so badly injured that you end up receiving total disability from workers’ compensation, then your workers’ compensation benefits may be reduced while your social security benefits remain at the highest level.
While these nuanced issues can quickly become confusing, the most important thing to remember is that there is an interaction between workers’ compensation and #socialsecuritydisability. Your attorney should know enough about this interaction to determine how your benefits might be impacted.
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