Should I Have An Attorney Help Me With Social Security Disability And Workers Compensation
There are complicated issues that occur when injured workers apply for, or receive, both Social Security Disability and Workers Compensation benefits.
An attorney will help you:
- Obtain medical records and other documents that need to be shared from one claim to the other.
- Make sure both systems have the proper information about your status in the other.
- Work to prevent interactions between the systems that cause your payments to be reduced or suspended.
- Maximize your overall benefits.
Lewis & Lewis, P.C. represents people in both Workers Compensation and Social Security cases. In many cases, your Workers Compensation and Social Security claims can be handled by the same attorney in our firm. Our dedicated team of professionals has decades of experience navigating these two complex systems. We offer a free initial consultation with no obligation, and we never collect a fee unless we win you money.
Unemployment Social Security Disability And Supplemental Security Income
An injured worker may file for and receive unemployment benefits based on the applicable standard of being ready, willing, and able to perform some work and yet still claim and be entitled to SSDI/SSI benefits based upon an inability to perform “substantial and gainful employment.” The standards used to determine ability to work and disability differ with respect to unemployment and SSDI/SSI claims. At present there is no offset between SSDI and unemployment however, there is a bill before Congress that would result in unemployment benefits received being considered an offset against SSDI benefits or being considered “substantial and gainful employment” for the period unemployment benefits is awarded. Nevertheless, filing for unemployment benefits is still recommended inasmuch as those benefits would likely be available at an earlier date considering the length of time it usually takes to obtain a successful decision in a SSDI/SSI hearing and award.
How Does A Worker Compensation Settlement Affect Ssd
When you have a work-related injury or illness and qualify for workers compensation benefits, you generally receive periodic payments. Sometimes, a workers compensation system allows the insurance company handling a claim to offer someone with a disability a settlement with a one-time payment. The settlement payment is in place of a continuation of periodic payments, which stop once the settlement is accepted.
A worker compensation settlement does not necessarily mean that your monthly SSDI benefits increase. Social Security may continue the offset for workers compensation. It accomplishes this by taking the amount of the worker compensation settlement and dividing it by the monthly amount you received from compensation before the settlement. The result of the calculation represents the number of months that your SSD payments will continue to be subject to the workers compensation offset.
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How Will My Workers Comp Payments Affect My Social Security Disability Payments
If you have been receiving workers compensation for an occupational injury or illness that you have learned will have a permanent effect on your ability to work, you may be considering an application for Social Security Disability benefits. But you may have been cautioned that a workers comp settlement could hurt your SSD claim.
You need to be aware of how the two systems one state and one federal work together. To ensure you receive the full benefits available to you by law in Ohio, you should consult an attorney from an Ohio disability law firm.
Your SSD benefits may be reduced to account for the payments you receive from a workers compensation claim. But a qualified lawyer can work to minimize the impact of workers comp benefits on your total SSD benefits. Contact us to find out how.
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Differences Between Wc And Ssdi
Workers compensation laws vary somewhat from state to state however, a couple differences in eligibility criteria for WC and SSDI are universal. First, Social Security and workers compensation have different definitions of disability. Social Security requires you to be disabled not just from the job you were in when you were injured but also from other kinds of work that you could perform if you did not have physical or mental limitations. In contrast, workers compensation requires only that you be disabled from the occupation you were in at the time you incurred the injury or work-related illness.
The second universal difference is the length of time you have to be disabled to receive benefits. Workers compensation benefits can be paid immediately whereas to be eligible for Social Security Disability, you have to have been or expect to be disabled for twelve months. Another difference is that workers compensation will pay the full cost of medical treatment for your work-related injury beginning with when it occurs it will not pay to treat other medical conditions. Social Security, on the other hand, does not provide health insurance until you have received twenty-four months of SSDI benefits. Once you have Medicare, it will pay a portion of your medical treatment for any medical condition, not just your disabling condition.
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What Are The Differences Between Workers Compensation And Social Security Disability Insurance Benefits
If you sustained an injury while on the job workers compensation benefits are covered by your employer by law. Pennsylvanias state law requires all employers to pay for insurance on your behalf as an employee. Your employer may also seek to self-insure under Section 305 of the Workers Compensation Act. SSDI benefits, on the other hand, are administered through the Social Security Administration.
One other key difference between SSDI benefits and workers comp comes down to what to these programs specifically address. Workers compensation offers medical benefits, wage-loss aids and other reimbursements for work-related injuries and medical conditions from which you are expected to recover. SSDI, on the other hand, does not have to be work-related. You can receive Social Security disability benefits if you been diagnosed with a condition not related to work or have been injured through some other cause.
If you are not sure what type of benefits you qualify for, contact an attorney at Frommer DAmico. Our team can explain whether you qualify and how you can navigate the benefits system. We can also work with you during the application process, so you get the legal support you need.
Employee Retirement Income Security Act
A worker may be confronted with a violation of ERISA that concerns an employer denying the employee access to health benefits. ERISA was established to assure that employers support their legal responsibilities to their employees about health insurance plans.
Most employee health plans are covered by ERISA and demand employers to provide participants or beneficiaries with access to plan information. ERISA also expects employers to support their fiduciary responsibility to their employees by guaranteeing employers to manage and supervise plans with the best interest of the employees in mind.
You as a worker should be mindful of potential ERISA issues that could occur during the managing of your claim or settlement. ERISA claims are very complicated and even if you have a workers compensation attorney, you might need an ERISA attorney.
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Workers Compensation Settlements And Social Security Benefits
Philadelphia Union Mechanic with Carpal Tunnel Syndrome obtains $95,000 Lump Sum Settlement
A Union general mechanic badly injured his hands while performing duties for his employer. The injured worker did not have a specific accident instead, the injured worker developed bilateral carpal tunnel syndrome as a result of the repetitive job duties he performed for the employer over a 10 year period. Lawyers for Workers Comp of Pearson Koutcher Law previously litigated a Claim Petition on behalf of the injured worker that was granted by the Workers Compensation judge. The injured worker was receiving ongoing wage loss benefits and underwent an additional wrist surgery before settling his case. Importantly, the injured worker was nearing retirement age and there may have been a credit against his receipt of wage loss benefits in the near future if social security and pension benefits were received. Thus, Jonathon Koutcher of Pearson Koutcher Law was able to maximize the injured workers settlement.$95,000 Worker Comp Settlement for Injured Auto Parts Delivery Person from the Lehigh Valley
Calculating Average Current Earnings
Social Security figures your average current earnings in one of three ways:
- The Average Monthly Wage Formula: Social Security uses your average monthly wages to calculate your disability benefit amount.
- The High-Five Formula: Social Security uses the average monthly wages from your five highest-paid consecutive calendar years.
- The High-One Formula: Social Security uses the average monthly wages from the your single highest-paid calendar year during the previous five years.
The High-One formula is used in the vast majority of cases, although Social Security will use whichever method is most favorable to you. However your average earnings are calculated, if your SSDI monthly benefit and your monthly workers’ compensation benefit combined are higher than 80% of your average current earnings, the offset will apply.
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How Can An Independent Insurance Agent Help My Retirement
In order to have a successful retirement with minimal complications, consulting an independent insurance agent can help you devise the most efficient and fruitful strategy for you and your family.
Most financial professionals agree that planning for retirement should occur years before exiting the workforce, when youre able to make the best decisions and take advantage of opportunities that you may have. Independent insurance agents can help you consider various financial vehicles and insurance products that are designed to provide for your family and future.
You may want to discuss what type of survivor benefits can be added to a life insurance policy with your independent insurance agent. Or you may want to explore various types of annuities that can provide you with regular income to maintain a robust standard of living in your golden years.
Whatever your needs, an independent insurance agent can help you create an actionable plan that ensures a comfortable and worry-free retirement.
TrustedChoice.com Article | Reviewed byPaul Martin
©2022, Consumer Agent Portal, LLC. All rights reserved.
How Social Security Disability Benefits May Affect My Workers Compensation Claim
The lawyers for workers comp at Pearson Koutcher Law pride themselves on representing individuals who have been injured in some kind of work accident and need workers compensation benefits. Nevertheless, we are often asked questions about Social Security disability from our clients and must explain the impact receiving Social Security disability benefits has on their pending workers compensation claim in PA.
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How Do Workers Comp And Ssd Work
Workers compensation programs exist to pay benefits to state or federal employees for a work-related injury or illness. Benefits include the cost of medical care, replacement of wages for time lost from work due to the illness or injury, and when a worker does not fully recover, payment for long-term partial or full disability. The disability compensation an injured person receives from workers comp may be in the form of periodic payments or it may be a lump-sum workers comp settlement.
If you apply for or receive Social Security disability benefits, you must report payments you receive from any state or federal workers compensation program to the Social Security Administration in the same way that you must report other public disability benefits that you receive. Reportable public disability payments include:
- Civil service disability payments.
- Disability benefits are received through a state-funded program.
- Retirement benefits are based on a disability and paid through a state or local government.
Any benefits you receive from workers comp or other public disability programs when combined with your SSD benefits cannot be greater than 80% of the average current earnings you had before becoming disabled. Something to keep in mind is that some public benefits do not count toward the 80%. These include benefits paid by the Veterans Administration and through the Supplemental Security Income program.
Get Legal Counsel When Claiming Both Workers Compensation And Social Security Disability Insurance
To an injured worker, all compensation or benefits translate to financial relief that can help him or her cope with expenses and losses. The injured person may not care where that financial relief comes from so much as how to obtain it and when the gaps created by medical bills and lost wages can be filled.
Whether financial help comes from the federally funded Social Security Disability , the state-administered workers compensation and/or a private third-party personal injury claim, documenting and supporting such any type of successful claim often hinges upon clear communication among the injured person, a doctor and a lawyer.
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What Is The Maximum Social Security Payment
- If you wait until you are 70 years old and retire in 2022, the maximum pension you would receive is $4,194.
Does Workers Compensation Affect Social Security Retirement Benefits
A common question a lot of people seem to ask regarding workers compensation benefits is how they will affect Social Security retirement benefits later on. If this is something youve been wondering about as well, have no fear. Simply keep reading below for all the answers youre looking for.
Does Workers Compensation Affect Social Security Retirement Benefits?
In short, yes. Receiving workers compensation will subject you to whats known as coordination when it comes time to receive your Social Security retirement benefits. Typically, this will amount to 50% of the total monthly sum paid out by the Social Security Administration . Of course, this means if you have workers compensation benefits with lower weekly rates, its possible for them to be exhausted entirely. To protect yourself, pay attention to the insurance company. Although they can technically only choose one means of coordination, many will still try to double dip and coordinate both retirement benefits and take a credit for old age . You will also want to make sure you do your best to settle your claim prior to coordination lowering the weekly rate.
Can You Collect Workers Comp & Social Security Disability Benefits?
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Return To Work After Being Approved For Ssdi
Injured workers are required to notify the Social Security Administration in the event of return to work, receipt or change in Workers’ Compensation benefits following approval of a Social Security claim. The amount of gross wages received after being approved affects your right to continued Social Security Disability benefits.
Does A Workers’ Compensation Settlement Affect Social Security Disability
Today, individuals may have their disability benefits reduced if they’re receiving workers’ compensation benefits at the same time. This concept known as offset was originally included in the 1956 Social Security disability program. The government then eliminated it in 1958 only to reinstitute it in the 1965 Social Security Amendments.
The goal of introducing this offset was to make sure that the total amount of workers’ comp and SSDI benefits doesn’t go over 80% of an employee’s current average earnings. However, the combined payments following the reduction must not be less than the amount of SSDI benefits prior to the reduction.
The definition of average current earnings is as any of the following:
- The highest average monthly wage that the unindexed disability primary insurance amount takes into account.
- The highest average monthly earnings during the calendar year of the highest earnings received during covered employment over the five years ending with the year when disability payments started.
- The highest of the monthly earnings received via covered employment or self-employment over the last five years.
Specifically, the offset of SSDI benefits applies to workers with disabilities who are under the age of 65, along with their families. Prior to the application of the offset to the worker’s benefits, the offset will apply to benefits for dependent children or spouses.
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The Length Of Workers’ Comp Benefits In Iowa
Injured employees may wonder how long their benefits will last in Iowa after a work-related accident. So, how long do workers’ compensation benefits last in Iowa, exactly?
According to Iowa law, employees can receive weekly workers’ compensation benefits until they return to work or up to 30 days after the employer indicates that benefits will end. In some cases, workers may be able to reinstate their benefits. These benefits are referred to as healing period benefits or temporary total disability benefits.
If a worker receives notice from their employer that benefits will soon end, the employer must provide an explanation along with details about how individuals can file claims with the Workers’ Compensation Commissioner.
Benefits For People With Disabilities
The Social Security and Supplemental Security Income disability programs are the largest of several Federal programs that provide assistance to people with disabilities. While these two programs are different in many ways, both are administered by the Social Security Administration and only individuals who have a disability and meet medical criteria may qualify for benefits under either program.
Social Security Disability Insurance pays benefits to you and certain members of your family if you are “insured,” meaning that you worked long enough and paid Social Security taxes.
pays benefits based on financial need.
When you apply for either program, we will collect medical and other information from you and make a decision about whether or not you meet Social Security’s definition of disability. Periodically, we will need updated information about your condition. You may receive a Disability Update Report . This form can now be completed online.
Use the Benefits Eligibility Screening Tool to find out which programs may be able to pay you benefits.
If your application has recently been denied, the Internet Appeal is a starting point to request a review of our decision about your eligibility for disability benefits.
If your application is denied for:
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