Can A Person Collect Social Security Disability And Workers’ Compensation At The Same Time?

by Staff | August 13th, 2013

August 12, 2013

When an individual is left too disabled to work due to a mental or physical condition, they often qualify for assistance through programs like Social Security Disability or Supplemental Security Income. Often though, these individual’s conditions are the result of an on-the-job accident injury. This leaves many questions whether an individual can collect disability benefits and workers’ compensation benefits at the same time.

The Social Security Administration says that yes, this is a possibility; however, there may be some limitations. The agency states that law allows for individuals to collect both benefits, but only if the Disability benefit is reduced so that the combined benefits do no exceed 80 percent of the claimant’s current average earnings.

These average earnings are figured from the claimant’s average monthly wage. The highest monthly wages from the past five consecutive years of work will be used to determine this number.

The goal is to ensure that an individual is not making more money be being on disability than they would make working their job.

The Social Security Disability Attorneys with Fleschner, Stark, Tanoos & Newlin know how complex collecting Social Security Disability and other benefits programs can be. Discuss your legal rights with an attorney if you are considering applying for benefits or have a claim that has been denied.

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