When someone is injured on the job, they may be eligible for workers’ compensation benefits. When someone is disabled, but the disability is not the result of a workplace injury or illness, they may be able to apply for Social Security Disability Insurance (SSDI) benefits through a program run by the United States Social Security Admiration (SSA). What happens if a person applied for benefits under both programs?
According to a recent question and answer feature in Courier Journal, the author discuss the effect workers’ compensation benefits can have on someone who is already receiving SSDI benefits.
As noted in the article, when a person receives Social Security Disability Benefits, they cannot earn more than 80 percent of the wages they were earning before receiving disability. This is basically a provision congress created so a person cannot earn more money from not working than he or she would earn from working.
As our Boston disability attorneys can explain, if you are already receiving full SSDI benefits and are also awarded workers’ compensation benefits, SSA can reduce your SSDI benefits, so that the total income received does not amount to greater than 80 percent of your pre-disability income.
This is very complex area of law, and there are ways that you can protect your social security benefits while also applying for workers’ compensation benefits. One of the best things you can do to help assure there are no problems created when applying under both programs is speak with a lawyer who regularly handles both Social Security Disability Insurance claims and workers’ compensation cases. If you have two separate lawyers or a lawyer who is not experienced in how both respective disability programs work, there is a greater likelihood you may run into trouble.
One of the questions you may have is how a person can qualify for both workers’ compensation and social security. There are a variety of ways this can happen. One common example is when a person is diagnosed with an illness such as mesothelioma due to occupational asbestos exposure 20 to 50 years ago.
At this point in your life, you may have had another unrelated disabling illness or injury that was not work-related and applied for Social Security Disability Benefits. After being diagnosed with mesothelioma, it may be appropriate for you to also file a workers’ compensation claim. You may also be prevented from filing a traditional civil lawsuit against the asbestos manufacturer under relevant law pertaining to workers’ compensation cases.
However, every situation is different, especially when dealing with a complicated area of law such as the interrelationship between various disability benefits programs, and you should speak with your attorney about the facts pertaining to your particular situation.
Another instance when this can arise is when you have a partial disability from an on-the-job injury, but due to pre-existing conditions, you may qualify for Social Security Disability Insurance Benefits. Again, having an attorney who can assist you with both disability insurance programs can greatly improve your chances of getting the results you desire.
If you are seeking Social Security Disability Insurance in Boston, call for a free and confidential appointment at 1-888-367-2900.
More Blog Entries:
Williams v. Colvin: Determining the Date of Disability for the Purpose of SSDI, August 10, 2014, Boston Disability Lawyers Blog