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The Interplay Between Workers’ Compensation Benefits and Social Security Disability Benefits

It’s possible for an individual to receive Social Security disability benefits and Workers’ Compensation benefits at the same time. Disability benefit payments from private pensions or insurance benefits do not affect Social Security benefits. However, when an injured worker receives workers compensation benefits in addition to Social Security disability benefits, it may reduce the Social Security benefits.

Receiving certain types of public benefits will not reduce your Social Security disability benefits. If you receive Social Security disability benefits and any of the following your Social Security disability benefits will not be reduced:

  • Veterans Administration benefits;
  • State and Local Government benefits; or
  • Supplemental Security Income.

If you receive workers’ compensation benefits and Social Security disability benefits, the total amount of the benefits cannot exceed 80% of your average current earnings before you became disabled. The monthly Social Security disability benefits are added to your workers compensation benefits. If the total amount of these benefits combined exceeds 80% of your average current earnings, the excess amount is deducted from your Social Security Benefit. This is referred to as an offset.

Navigating these complex waters requires consulting with an experienced attorney.

Patrick Scanlon, Esq.

Author: Patrick Scanlon, Esq.

Attorney

O’Donnell Law Offices
267 Wyoming Ave.
Kingston, PA 18704

E-Mail: patrick@odonnell-law.com
Phone: (570) 821-5717
Fax: (570) 821-5799

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