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You can get both Workers’ Compensation and Social Security Disability Insurance (SSDI) at the same darn time. Workers who suffer injuries that keep them out of work — whether those injuries are work-related or not — have several options for seeking benefits. Two of the most common of those programs are the Social Security Disability program and the workers’ compensation program. While there is a great deal of overlap between both of these problems, injured workers do not necessarily have to choose one or the other. In many cases, a worker who qualifies for workers’ compensation may also qualify for Social Security Disability benefits — however, there is one major caveat that you should discuss with your attorney. If you don’t have an attorney, feel free to contact Emmett B. Irwin, a Disability Lawyer in Baltimore Maryland, for a free consultation by clicking here. Remember, although we are based in Baltimore we serve SSDI clients all over the country.
Social Security Disability vs. Workers’ Compensation
Social Security Disability and workers’ compensation both compensate employed individuals for injuries that keep them out of work. However, there are a few major differences between the two programs:
Workers’ compensation benefits are limited to injuries and illnesses that the worker sustained in the course of their employment. To qualify, the claimant’s injury must have occurred while performing their regular job duties or otherwise acting within the scope of their employment. No benefits are payable for off-the-job injuries. However, workers’ compensation does not require total disability.
Social Security Disability benefits are available to claimants who have the requisite number of work credits and who suffer an illness or injury that is expected to keep them out of work for at least 12 months. While claimants must have an employment history, their injury or illness does not have to be work-related to qualify for disability benefits. However, disability benefits are limited to claimants who are totally disabled, which is defined as being unable to perform any full-time job. For more information on Social Security’s definition of disability click here.
Workers’ Compensation can pay up to two-thirds (66.6%) of an injured/disabled workers’ salary until retirement and cover injury-related medical costs for life. Social Security Disability, on the other hand, usually pays no more than half (50%) of a disabled worker’s salary and mostly around one-third (33.3%). The combination of workers’ comp and SSDI can only pay up to 80% of an injured/disabled worker’s salary, see below for details.
Generally, workers’ compensation benefits are used for individuals who suffer work-related injuries that will keep them off the job for a short period of time. Social Security Disability benefits are built for individuals who suffer non-work-related illnesses that prevent them from working entirely.
However, there are workers’ compensation benefits called permanent partial disability (PPD) and permanent total disability (PTD) that will pay a worker who was injured on the job “permanently”, defined as until retirement age. In this case, a worker could receive PTD or PPD and Social Security Disability (SSDI) if that worker was unable to perform any work at all.
Can You Receive both Workers’ Compensation and Disability Benefits?
Yes, it is possible to receive both disability benefits and workers’ compensation benefits, as there are areas of overlap between the two programs. For example, a factory worker may suffer a back injury on the job, which qualifies them for workers’ compensation benefits. However, after undergoing surgery, their doctor could inform them that they will never be able to lift more than 25 pounds again, effectively ending their ability to work in a factory. The construction worker could then apply for disability benefits.
The Workers’ Compensation Offset
While injured workers may qualify for both programs, they do not qualify for double benefits. When determining a disability claimant’s benefit amount, the Social Security Administration adds together the amount of their disability benefits with their workers’ compensation benefits. If the total amount of those benefits exceeds 80% of the claimant’s average current earnings, the excess is deducted from the Social Security Disability benefits amount in some states. To illustrate, assume that a claimant had average earnings of $4,000 a month before becoming disabled, which entitled them to $2,200 a month in disability benefits. However, they also receive $2,000 a month from workers’ compensation. The total amount of benefits — $4,200 — is more than 80% ($3,200) of their average current earnings ($4,000). Thus, the Social Security disability benefits will be reduced by $1,000 ($4,200 – $3,200). In other states, this offset is reversed and the Worker’s Compensation payment is reduced. The rules are complex, so call the Disability Lawyer in Baltimore, Emmett Irwin, for more information or a free case evaluation.
Should I File for SSDI if I Already Get Workers’ Compensation Benefits?
Those that apply for Social Security disability benefits while receiving workers’ compensation usually have a very strong case. Why? Because the medical evidence gathered during the workers’ compensation application process is usually quite extensive. For example, when a claimant says he can never work his job again, the insurance company usually requires a Functional Capacity Evaluation (“FCE”). The FCE is a comprehensive test of a person’s physical abilities and can conclusively show permanent disability. An FCE finding might be that a claimant’s previous work was at a medium exertional level, meaning that he was required to lift 25 pounds frequently and 50 pounds occasionally during an 8 hour work day. After the injury, however, he can now only lift 2 pounds frequently and 5 pounds occasionally during a 4 hour workday. If this restriction were in place for 12 months or more then this claimant would likely be disabled under the Social Security disability rules.
If you have an FCE as strong as the one described in the previous paragraph and aren’t working anymore, you are probably eligible for Social Security Disability Insurance (SSDI). A Disability Lawyer in Baltimore Maryland like Emmett Irwin can help you apply for SSDI or appeal your case. Contact us by clicking here.
Contact an Attorney to Discuss Your Options
If you are considering applying for Social Security disability benefits while receiving workers’ compensation, you should consider speaking to an attorney to make sure you understand how your workers’ compensation benefits may affect your disability benefits. You can get Workers’ Compensation and Social Security Disability at the same time, but you have to know the rules first. To get started, please contact the Disability Lawyer in Baltimore, Emmett B. Irwin by calling 443-323-1786 or using our online contact form.