Can I get Worker’s Compensation and SS Disability?

Social Security LawThe short answer is yes. The full answer is yes, but… you cannot receive the full amount of both at the same time. In all but 5 states, if you are receiving Worker’s compensation benefits or SS Disability benefits as a result your Disability benefits will be reduced. (In the 5 states, worker’s compensation is reduced)

How much? The Disability benefits will be reduces so that the entire amount you get from both sources is no more than 80% of the individual’s average current earnings. So if you were hourly or salaried with bonuses, they will look at the monthly average you actually made, and get the 80% from this figure.

Retirement benefits are not offset because typically worker’s compensation would end when the injured worker reaches retirement age. Congress recently updated this to reflect the change in SS, “full retirement” age so there is no gap. Now, instead of ending at 65, worker’s compensation benefits terminate when the worker reaches their, “full retirement” age, instead of a static number.

Please visit our website: www.socialsecurityjustice.com or contact one of our Bailey & Galyen offices for additional information.