Alabama Disability Lawyers Can I receive both Social Security Disability and Workers Comp?
Yes you can. Through the years, our firm has represented many injured workers who we assisted in obtaining both their workers compensation benefits and Social Security Disability benefits at the same time.
In cases of very serious injuries, this is not uncommon. While you are recovering from a compensable workers compensation injury, you should be receiving your workers compensation check (temporary total disability benefits), but if your condition is such that you will not be able to perform substantial gainful employment for at least 12 months, then you are also entitled to Social Security Disability benefits. This is an important thing to keep in mind; you do not have to be claiming to be forever disabled, just unable to work for 12 months. In many cases, we have helped our clients obtain disability benefits while they are recovering from their job injury, but later the workers improves, returns to work and their disability benefits are stopped. For those who unfortunately are never able to return to gainful work, their right to Social Security disability benefits continue after their workers compensation case is concluded.
While you are receiving ttd benefits, the amount of disability benefits will be offset by the Social Security Administration as the amount of money you receive while on disability is capped at 80% of your average wage, and workers comp pays you 66.67% of your average weekly wage. It is important that once your right to temporary total disability benefits ends, you inform Social Security so your disability benefits can be properly adjusted.
Another important factor to keep in mind is how any settlement you receive can affect your right to future Social Security Disability benefits. Depending on the terms of your settlement, and even the language contained within it, your future disability benefits can be seriously affected. That is why having the assistance of an attorney who is experienced with both Alabama Workers Compensation law and Social Security Disability law is so vitally important.
If you have been hurt at work and you have questions about your right to Alabama Workers Compensation benefits, or how they might affect your Social Security Disability benefits, don’t hesitate to contact and speak with one of the experienced Alabama Workers Comp and Alabama Disability attorneys at Powell and Denny today.
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Offices located in Birmingham, AL and Huntsville, AL
Alabama Disability Lawyers Can I receive both Social Security Disability and Workers Comp
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