Collecting Workers’ Compensation doesn’t make disabled workers ineligible for Social Security Disability Insurance (SSDI), nor does it hurt their chances of having their disability claim approved. The only way receiving Workers’ compensation impacts SSDI is that the full income workers collect from the two entities cannot exceed 80% of their previous income.
The Offset Regulation
A regulation was enforced to offset the total income collected when the victim of an accident is eligible for both workers’ compensation and disability benefits. If the amount he or she is collecting from workers’ compensation and the amount he or she is eligible for through SSDI surpass 80% of his or her previous income, the Social Security Administration (SSA) will adjust the amount to 80% by deducting some money from his or her SSDI benefits. However, the SSA will adjust the disability benefits accordingly if the disabled worker exhausts his or her workers’ compensation while still receiving SSDI.
Workers’ Compensation vs. SSDI: What Is the Difference?
The eligibility requirements for SSDI benefits are significantly different compared to those for workers’ compensation. A worker is deemed eligible for a workers’ compensation package if he or she is no longer able to do the job he or she was doing when the injury occurred.
The SSA defines disability in an entirely different way. To be eligible for disability benefits, a claimant must be deemed totally disabled. To meet this requirement, a claimant must prove that he or she is unable to do any work that he or she did for any employer. The claimant must also demonstrate beyond a reasonable doubt that even after successfully training in a new field, he or she will still be unable to do any meaningful work. Moreover, the disabling condition must be projected to last at least 12 months or be likely to lead to his or her death.
Getting Started with a Disability Claim
Receiving workers’ compensation benefits shouldn’t keep a disabled worker from pursuing a disability claim. Considering that SSA can take several months before approving a claimant for disability benefits, starting the application process as soon as possible is a great decision. The SSA looks beyond a claimant’s workplace injury or occupation medical condition when reviewing his or her claim. Disabled workers who work closely with a disability lawyer have a high chance of having their disability claims accepted and being enrolled for benefits.
