Receiving Both Workers’ Compensation and Social Security Disability Benefits

by Staff | April 22nd, 2013

April 22, 2013

One of the most common causes for an individual to seek Social Security Disability Benefits is because they are left unable to work after an injury resulted from an on-the-job accident. Such instances leave many wondering if they are capable of collecting both Social Security and Workers’ Compensation benefits at the same time.

The Social Security Disability Attorneys with Fleschner, Stark, Tanoos & Newlin explain that the answer is yes; however, doing so may not prove to be beneficial.

Data from the Social Security Administration shows that while a person may be approved for both types of benefits at the same time, receiving Workers’ Compensation benefits will reduce the amount of Social Security Disability benefits a person can be awarded.

The agency has also established limits on the amount of income these benefits can provide. If a person is getting both Workers’ Compensation and Social Security Disability benefits at the same time, the combined income cannot exceed 80 percent of the individual’s average earnings before they were injured. Any amount of income above this threshold will be subtracted from the individual’s Social Security disability award.

The firm notes how complex the laws governing the determination of an individual’s benefits can be. That’s why they suggest discussing your legal options with an attorney if you are considering applying for benefits.

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