If you are receiving workers compensation benefits, can you receive social security benefits, too? This is a question that is quite common from people seeking legal advice about workers compensation situations. The basic answer is yes, one can receive both workers compensation and social security benefits, if one qualifies for each program. Social security benefits are administered federally, while workers compensation comes through the State administered program.

Why might you be receiving both types of benefits?

In many cases, people rely on workers compensation benefits while awaiting social security disability insurance benefits to begin. Or, they only require workers compensation benefits until they heal and are able to return to work.

In the event that you are receiving both types of benefits, you should be aware that through age 62 the total income you receive from both combined cannot be more than 80 per cent of the figure that the Social Security Administration determines to be your average current earnings.  If you go over that amount, the excess money will be reduced from your social security disability insurance. If your workers compensation benefits run out and you are still eligible for social security disability benefits, you should inform the social security administration so they can adjust your benefits again.

If you have an attorney charging a fee for representing you regarding your workers” compensation claim, only the money you receive after fees and costs is considered in the offset.

Each benefit system has different requirements and involves a different process. Because of this, it is important to get legal advice if you have questions about how to access benefits, whether or not you are covered, or any other situation involving a workplace injury or disability. By working with an experienced workers compensation attorney, you will ensure that you get all of the benefits to which you are entitled, without the confusion of trying to navigate each system on your own.

If you intend to apply for both types of benefits, getting legal advice can help you structure a successful claim in each case. The more information and legal advice you have backing up your claim, the more likely it will go unchallenged, getting you the benefits you need to keep living your life, without having to wait for an unnecessarily long amount of time. Talk to your lawyer about applying for social security and workers compensation benefits as soon as you can.  At Schiffman Law Office, P.C. we handle both workers’ compensation and social security disability claims.