Can I receive Social Security Disability while receiving Workers’ Compensation Benefits?

Can I receive Social Security Disability while receiving Workers’ Compensation Benefits?

Over the last 28 years, we have been asked this question several times; can one apply for and receive Social Security Disability benefits while they are receiving workers’ compensation benefits? The answer is YES-although as the attached article references, workers’ compensation and other public disability benefits could reduce what you receive from Social Security.

Workers’ comp benefits are not viewed as “earned income” by the Social Security Administration, and therefore they do not disqualify you from receiving Social Security Disability benefits; however, the Social Security Administration will adjust the amount they pay you based on how much you are receiving from your Alabama Workers’ Comp claim.

On Social Security Disability claims, the disabled worker is only allowed to receive 80% of the average weekly wage the received prior to becoming disabled. In Alabama, an injured worker receives 2/3rds of their average weekly wage in temporary total disability benefits (ttd benefits), hence, Social Security will offset any award for Social Security Disability benefits by this amount. Once your right to temporary total disability benefits (ttd benefits) ends, contact the Social Security Administration so your monthly disability check will be increased to its normal payment amount.

Workers’ Compensation claims and claims for Social Security Disability benefits intertwine with each other, not only with regards to being able to draw both workers’ compensation benefits and Social Security benefits at the same time, but in how the potential settlement of your Alabama Workers Compensation claim will affect your right to future Social Security Disability benefits. Given the interplay between Alabama Workers’ Comp benefits and Social Security Disability benefits, it is in your interest to ensure that in the situation where you have suffered a serious job injury your claim is reviewed by an attorney with experience handling both Alabama Workers’ Comp and Social Security Disability claims.

If you have an Alabama Workers’ Comp claim and a pending claim for Social Security Disability benefits, don’t hesitate to contact and speak with one of the attorneys experienced in both Alabama Workers Compensation and Disability Attorneys at Powell and Denny today with your questions.

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Offices in Huntsville, Alabama and Hoover, AL

Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 6 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 3 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry.

Alabama Workers Compensation Attorneys                                                 Alabama Disability Attorneys
Hoover Workers’ Compensation Lawyers                                                     Hoover Social Security Disability Attorneys
Huntsville Workers’ Compensation Attorneys                                             Huntsville Social Security Disability Attorneys

 

Can I receive Social Security Disability while receiving Workers’ Compensation Benefits?