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Can I get workers compensation and also get Social Security Disability?

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Learn how you can get Social Security disability and workers compensation disability benefits and how workers comp affects Social Security income.

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Watch the Video: “Can I get workers compensation and also get Social Security Disability?”

Get Both Workers Compensation and Social Security Disability

If you’ve had an on-the-job injury and are eligible for workers compensation, you may be eligible to receive both workers comp and Social Security at the same time. Workers compensation and Social Security have different definitions of disability. Social Security usually requires you to be disabled, not just from the job you were in when you were injured, but also from other kinds of work. For a discussion of Social Security’s definition of disability, please see our article “Do I Have to Be Completely Incapacitated to Get Social Security Disability?”

Don’t Wait to Apply

If you think that you may meet Social Security’s disability definition and that you will be disabled for twelve months, then it is a good idea to apply for Social Security Disability right away. If you wait till your workers compensation runs out, you might be left with no income while your Social Security claim is pending. You might even lose back pay Social Security benefits, if you apply more than seventeen months after you become disabled.

Social Security Benefit Calculation with Workers Compensation

The amount of Social Security Disability benefits you receive may be reduced if you receive workers compensation for the same period for which you receive Social Security. This is because the law says your workers comp benefits and your Social Security Disability benefits—including benefits paid for your dependents—can not exceed eighty percent of your average earnings, as defined by Social Security. In some cases, a lump sum payout of workers compensation is prorated to a monthly amount and is considered to be overlapping with Social Security until the proration runs out.

For example, if your average earnings are $2,000.00, then eighty percent of your average earnings would be $1,600.00. If you are getting $1,300.00 from workers compensation, then the most you and your dependents could get from Social Security would be $300.00.This is true even if your unreduced Social Security is more than $300.00. This reduction, called workers compensation offset, will be applied to reduce your dependents Social Security benefits first, before reducing your benefit.

When Workers Compensation Offset Stops

Once your workers compensation benefits—whether temporary monthly benefits or a prorated lump sum—no longer overlap with Social Security, then your Social Security Disability benefits and your family’s Social Security dependents benefits will increase to your maximum amount.

Workers compensation offset will also stop if you are still receiving worker’s compensation when you reach your Social Security Normal Retirement Age. At that time, you will not longer get Social Security Disability because you will be switched to Social Security Retirement, and workers compensation offset will no longer apply. For information about becoming disabled while receiving reduced Social Security Retirement, see our article “Will My Benefits Increase Because I Became Disabled While Collecting Early Social Security Retirement Benefits?”

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105 Comments

  1. sharon says:

    If I take a lump sum settlement from workmans comp for disability can I still get social security disability monthly

    • Kay Derochie says:

      Dear Sharon,

      There is a reduction to Social Security Disability benefits when you take a lump sum workers compensation settlement. The settlement is prorated out over time. Your monthly Social Security (or your dependents’ Social Security, if you have dependents) will be temporarily reduced or temporarily stopped depending on the amount of the settlement and the proration period. Even though your Social Security benefits are likely to be reduced, it is a good idea to apply as soon as possible for Social Security, if you are going to be off work for twelve months. Months that benefits are reduced or stopped still count towards the waiting period for Medicare health insurance coverage. Also, you do not want to take the chance of losing back benefits from Social Security by waiting.

      You can talk over the specifics of your situation for free with an attorney from Disability Advisor. (Just call 1-888-393-1010.) You will receive a free consultation; and, if you choose to have one of their attorneys represent you in your claim, you will pay NOTHING unless you win Social Security benefits. Then an amount regulated by Social Security will be withheld from your back benefits to pay the attorney’s fee. Easy and risk-free.

      Best wishes with your claim.

      Kay

  2. David Snow says:

    I had back surgery on June 20, 2012. Family Medical leave from employer for disability and workers compensation. Aetna Insurance denied STD/ LTD benefit after 10 weeks of disability (loss of $559/wk) and they totally ignored a new claim for carpal tunnel -that was approved by my employer during my leave of absense. Hired an attorney in CA who was only interested in a long term disability claim, gave up after Aetna denied the appeal with “cherry picking” and misquoting my employers STD/LTD policy. My employer laid me off in June because my medical leave exceeded 12 months. I am still having issues with my back pain and legs going numb making it difficult to return to work which my doctor will research more after dealing with carpal tunnel, I am 61 yrs young but I cannot live off the max $1010.50 a week(WC) or $1011(SDI), believe I have a legal case against Aetna for the STD/LTD denial of benefits. How can I get 80% of my salary as your article suggests? Comments/Recomendations?

    • Kay Derochie says:

      Dear David,

      To receive up to “80% of your salary,” you need to be eligible for both Social Security and worker’s compensation for the same periods of time. I suggest that you apply for Social Security Disability right away. (You must apply by the end of October 2013 in order not to lose potential retroactive benefits.) Because your situation seems complicated and you have been denied for some kinds of disability benefits previously (apparently they thought you recovered), it would be a good idea to have an attorney help you draft your original application. Since your current attorney does not want to deal with Social Security claims, I suggest that you call Disability Advisor at 1-888-393-1010 to be put in touch with an attorney who is experienced in Social Security Disability law. You pay fees for professional legal services only if you are awarded Social Security Disability, so it is easy and risk-free to get the legal help you need.

      Best wishes,

      Kay

  3. David says:

    Please remove last name from reply if posted. Thank you,

    • Kay Derochie says:

      Dear David,

      Unfortunately, I responded to your earlier inquiry before seeing your request to have your last name removed. Because your last name appears to be included in your email address, the only way I could keep from posting your last name would be to discard your comment without responding to it.

      Sincerely,

      Kay

  4. Melinda says:

    I had injured my back in 2003 while working received workers comp for a month while out of work, then reinjured (same injury) my back in 2009. In 2009 I was required to have emergency back surgery and took completely out of work. Fought with comp for months (almost a year) before getting them to pay bills and me . Finally comp paid for things then they suddenly said I “had to look for work ” or they’d stop paying me. My dr. did not like that idea but said he’d let me go back temporarily/trial basis. I worked as a crisis councilor/assistant director for 11 months and fought hard to continue but my dr. had to take me out of work again due to so much pain. One month after I started working however, comp stopped paying me! I have now been out of work for a year and receive nothing from them.
    I’m wondering what to do next. If I settle with comp, I’ve heard that comp will no longer pay medical or me and if I take on disibility,I get no comp medical help either. What would you suggest I do? I do have an attorney that I haven’t contacted yet,just figured they would have seen I’ve been out of work all this time and no one is helping me(attorney receives all dr. notes etc.). Your advice would be greatly appreciated. Thank you

    • Kay Derochie says:

      Dear Melinda,

      I am not knowledgeable to give you advice about your workers compensation claim. I encourage you to get in touch with your attorney right away and get his advice and recommendation on your options.

      Ordinarily, I would say apply for Social Security right away; however, you say that you will lose medical coverage from workers comp if you do, so you will have to make an informed decision about what you want to do. If you continue to be disabled, I recommend that you consider doing so before you have been off work for 17 months. Otherwise, you will use retroactive benefits. (You will receive Medicare insurance after you have received 24 months of Social Security Disability benefits, including any retroactive months.

      Sincerely,

      Kay

  5. Melinda says:

    Sorry I see my question posted twice.
    Also I’d like to let you know my dr. put me at 75% permanently disabled. :(

  6. James says:

    Dear Kay, I had back surgery on October 24,2011,after I hurt my back on the job.Workers comp starting paying me and my doctor bills after 3 months.After several months of therapy I returned to work in October 2012.I reinsured my back at work in February of 2013 and had to undergo a more serious 2nd back surgery in may 2013.Im back on workers comp now and had to get a lawyer cuz the employer and workers comp tried to deny my 2nd surgery,but they approved it after I got a lawyer.Now I’m going to therapy again,but I’m in pain all the time and can’t bend much due to rod and plates in my back from the 2nd surgery.Im at a crossroads cuz I know when I reach MMI next month workers comp will probably cut me off.I have a meeting with my lawyer the end of this month cuz I don’t know whether to file for social security disability or try look for other jobs.I don’t know if I can do any jobs cuz of the pain,but I also can’t go without a weekly check coming in.Any suggestions?

    • Kay Derochie says:

      Dear James,

      Only you (after consulting with your physician and being clear about the limitations and restrictions you should observe) can really answer the question of whether to try to find some type of work out of financial need. Whether or not you decide to try to work, you should apply for Social Security Disability (SSD) before the end of this month to avoid the possibility of losing more retroactive Social Security benefits. Even if you are well enough to work now and are not now eligible for SSD, you may be eligible for benefits beginning September 2012 up until you recover. (The maximum number of back pay months payable is twelve months prior to your SSD application. If you are approved there will be a reduction in the SSD because of your workers comp, but if you meet Social Security disability requirements, some benefits should be payable. And, of course, if you continue to be disabled, getting your application filed now get you a decision and payment sooner than waiting.

      Note that Social Security’s definition of disability is different than workers comp and it is important to have an attorney who is knowledgeable in Social Security disability law. I suggest that you ask you workers comp attorney if Social Security is part of his expertise when you meet with him. However, you do not have to wait until then to start your Social Security application. You can either call Social Security at 1-800-772-1213 and tell them that you want to apply for disability or start an application online by going to http://www.ssa.gov. Either way, you have six months to complete the application and still have a September application date to protect retroactive pay. If you start an application online, be sure to write down and keep the number that you will be given when you save the application for later completion. You will need it to get back into your claim and to prove a September application date.

      One last important point: claim October 24, 2011 as your disability date and tell them you had an unsuccessful work attempt from October 2012 to Feburary 2013. That way, you have the potential of being approved with the 2011 disability date making you eligible for maximum number of back pay months.

      You can find more information about filing a Social Security Disability application by reading the articles under the “Apply for SSD” tab of the Disability Advisor website.
      Best regards,

      Kay

  7. Nikky says:

    In california when you get the back pay for social security is what you got from workers comp subtracted from that amount?

    Thank you

    • Kay Derochie says:

      Dear Nikky,

      Social Security Disability benefits will be reduced by workers compensation paid in California if the total Social Security and workers compensation exceed 80% of your average earnings. Offset is determined on a month-by-month basis; and the two benefits are counted in the month for which they are paid, not necessarily in the month they are received.

      Sincerely,

      Kay

  8. nancy says:

    Hello, Can you please help me understand something. I am 75% disabled & on SSDI. I can only make so much between both. If I become 100% total disabled will I still have a offset for my comp & SS??? Really confused about this, some people say yes & some say no. Please help me.

    Thank you Nancy

    • Kay Derochie says:

      Dear Nancy,

      Social Security does not determine percentages of disability. Either you meet their definition of disability or you don’t. If you are eligible for Social Security Disability, the workers compensation offset formula is the same no matter what percentage of disability workers comp says you have and the cap on combined income from the two programs would be the same.

      Sincerely,

      Kay

  9. Jim says:

    If someone is already receiving ssdi and gets a part time job, which is allowed by ss, and gets hurt badly at the jobsite, how is ss notified of the settlement? Or are they?

    • Kay Derochie says:

      Dear Jim,

      If you get workers comp payments or a workers comp settlement, you must notify Social Security immediately. The amount of your Social Security benefits may be subject to reduction retroactively to the date you were injured and/or in the future. I recommend that you contact them as soon as possible to minimize overpayment. It would also be wise not to spend the workers compensation settlement until you find out whether you have to repay some of your Social Security Disability benefits (or SSI if you are receiving SSI).

      Sincerely,

      Kay

  10. Phil Gizzi says:

    I was injured at my workplace 7 years ago. I recently settled my case by stips and I receive disability from SS. There was an MSA performed, but because it was significant, the insurance company won’t pay out. My attorney said if I stopped my benefits I could settle the case. I was informed by psych doctor I can ask Social Security to stop only the medical portion while still keep my monthly disability checks intact. I started to work again and on a trial period, but I want to join my employers group plan and stop medicare A & B. In addition, by stopping medicare obligation to pay for and medical, it will allow me to settle the case because the MSA no longer applies because medicare is no longer obligated for all and any medical expenses. In the end, I can continue receiving SSDI checks, be on a work trial period, and settle my case. Does this make sense? Please advise.

    • Kay Derochie says:

      Dear Phil,

      I cannot offer you legal advice regarding your medical insurance claim. You have received advice from you attorney.

      Things that you might want to think about: 1) Are you certain that you will be able to continue working? 2) If you need Medicare again in the future after requesting termination, can you reinstate it? Will there be a waiting period? For example, would you have to wait to enroll until the next general enrollment period which is late in the year? (Usually, if a person doesn’t enroll in Medicare when they can, they have to enroll in an open enrollment and coverage doesn’t start till the following July.) 3) How much higher will your Medicare premium be if you interrupt your eligibility? (Usually there is a penalty for not taking Medicare when it is first available.) The Medicare inquiry line can answer these questions. If you call them be sure to explain your situation as you did to me.

      Sincerely,

      Kay

      • Phil Gizzi says:

        Thank you for reply. My desire is to get back into the workplace and in a structured environment. I have an appointment with a social security disability specialist, December 16 to request termination of my medicare benefits. I’m choosing to go this way because I plan to (1) go back to work. (2) continue recieving disability checks. (3) settle my future medical care (4) join an employer based medical plan. (5) Lastly, after I settle my case stop my disability altogether. I am in a precarious position because I’m not sure I can stop medicare and keep the disability part temporarily. Thank you again for your input and appreciate any insight.

        • Kay Derochie says:

          Dear Phil,

          The Social Security specialist should be able to confirm whether you can continue to receive Social Security benefits while you work in a nine-month trial work period, even though you are declining Medicare. Parts B and Part D of Medicare are not mandatory and you can stop coverage by not paying the premium. Part A does not have premium and is automatic coverage, so that question would remain for your visit with the specialist.

          I commend your commitment to working up to your full abilities. Good luck!

          Kay

  11. Joe M Reese says:

    I got injured on the job August 18th in 2013 been recieving workmans comp but the company i work for is big enough it has it’s own workmans comp. January 13th 2014 is when my short term disability runs out & i go on full or long term disability what can i do? I have a wife & 7 children to support, i injured my right shoulder they thought i tore my rotator cuff & i did physical therapy & had the injection but the last doctor i seen seems to think i have nerve damage & is sending me to a nuerologist & if he can’t do nothing for me the doc said he would do exploratory surgery. I will loose everything if i don’t recieve any means of payment from work comp or ss any info or suggestions would be greatful. Thank you
    Joe Reese

    • Kay Derochie says:

      Dear Joe,

      Apologies for the delayed response. Our website has had a software problem, which is now resolved.

      I am not totally clear on the benefits you have gotten or will continue to get from workers compensation and/or your company’s short-term and long-term disability policies. In any event, you can apply for Social Security Disability (SSDI) now. It is appropriate to do so if you believe that you are unable to perform any job you’ve had in the past and, if you are under age fifty, any other kind of work. It takes two to five months to get a SSDI claim decision, so the sooner you apply the better. Be sure to list all your health care providers and list all tests and evaluations you have had related to your workers compensation claim and state who has the records. Also, include the currently planned evaluations and treatment.

      Sincerely,

      Kay

  12. kenzie says:

    I received work comp and disability at the same time. I was receiving 2960 then when workman comp stopped I only get 1600 can you please tell my why my amount went do so much.

    • Kay Derochie says:

      Dear Kenzie,

      I assume that you meant that you were getting $2960 total between both workers comp and Social Security. If that is the case, when your workers comp stopped, you were left with only Social Security, which is apparently $1,600.

      Sincerely,

      Kay

  13. Lorita Gee says:

    I got injury 8-19-2010 went off on workers compensation and got approved fo disability retired 11-12-2012 and got approved for SSDI in 10 -2-2013 I got a settlement for SSDI and workers compensation took a large amount of the settlement for a offset is it some wsy I could get that money back?

    • Kay Derochie says:

      Dear Lorita,

      There is a limit to the maximum amount you can receive when you are eligible for both workers compensation and Social Security Disability, so one benefit has to be reduced. Because of this law, I would say that you have probably been paid correctly.

      Sincerely,

      Kay

  14. Mandy T. says:

    Hi, I need some clarification regarding SSDI, a W/C lump-sum settlement and the possibility of an offset. I received a W/C lump-sum
    settlement in exchange of a Sign and Release agreement. My settlement (after attorney fees), was for 42K, and stipulates 23K for past medical expenses, another 23K for future medical, and 1K Indemnity. Other than that, there is no Social Security language included in the Order. Late 2012, I was approved for SSDI and, after a 8 month push back of my AOD, I began receiving benefits Nov/2013. At no time I received any W/C benefit(s) and SSDI at the same time, the lump-sum and first SSDI benefit payment were 6 months apart. Under those conditions, is my SSDI benefit subject to an offset? Also, will SSDI deduct from the lump-sum settlement the 5K out-of-pocket medical expenses I incurred as a credit to me when calculating the offset? Thank you, appreciate your time and concern.

    • Kay Derochie says:

      Dear Mandy,

      It is likely that your Social Security Disability will be offset (reduced) by part of your lump sum workers compentation settlement. The settlement will be prorated over time at the monthly rate the workers compensation settlement would have been paid if it had been paid monthly and offset on a monthly basis. Medical and legal expenses inucrred in connection with the workers compensation claim may be excluded from offset. For more detailed information visit Social Security’s web page http://www.ssa.gov/policy/docs/ssb/v65n4/v65n4p3.html

      Sincerely,

      Kay

  15. Susan says:

    Sorry about that……..I recently had a hearing from workman’s comp and received a letter from my insurance carrier stating they suspended my benefits due to an appeal with the workmans comp decision………I called workmans comp and they said it could take a year for the appeal……….I was just approved for SSI and I was wondering how long will it take to get the offset from the comp I was receiving………I have bills to pay and and a child to take care of……….could someone please answer my question?

    • Kay Derochie says:

      Dear Susan,

      If you have not already, you need give the Social Security Administration, a copy of all determination letters you have gotten from workers comp. If your approval is for Supplemental Security Income (SSI) and not Social Security Disability (SSD), your local office will use the information in the letters to determine which months you have been eligible for SSI and for how much. This can take from a week to a month or more depending on local workloads.

      If your claim is actually SSD, then the information will be forwarded to the payment center for calculation of workers comp offset. (There is a limit to the total amount of SSD and workers compensation you can receive for the same period.) If your claim is SSD, I would not expect calculation and payment before a month and it could be substantially longer.

      Sincerely,

      Kay

  16. LOVE says:

    I was injured at work in 2010 had rotator cuff surgery in 2011 because of it, I had to fight with WC for a very long time to have that surgery, the dr that did the surgery didnt repair the tear only telling my family and I when I came out of anesthesia that I would heal up fine. To say the least I went through PT 3x a week did everything they asked me too do, then went back to work I would still feel pain with the light duty I was on and would let them know how I felt. I started noticing I couldn’t sleep maybe about the third week after surgery and informed them as we’ll it was oh take something over the counter from we could give you something stronger, I refused. I know with surgery they would be nerve damage and some numbness but one day I grabbed a cup and it dropped out of my hand. I called WC and was ignored the adjuster was away and I had left messages with reps about it. Then my hand started feeling like hot lava was running from my shoulder to my finger tips. I made another call to the adjuster supervisor and told them if I didn’t get an appointment I was going to the Er and I know that’s not a bill they want to pay. 4mri Later I would find out the tear was 50% and needed to be repair and should of from the beginning. It had actually got worse and would need a second surgery that I had in July of this year…. My Doctor took me out of work 2weeks before this surgery because I was stressed out and my blood levels was low because of my anemia, they refused to pay me. I left it alone, my job although paying for short term disability they didn’t want to pay either Lol, Anyway the pain is still persistent the 2nd surgeon about 3months after the Surgeron didn’t listen to me telling him that I was still in pain, I can’t sit for long periods of time, wear a bra, have pains in my back and neck Lol now on my 5 MRI 3weeks ago the neurologist said I have two bulging disc and arthritis in my neck that’s causing the spasms, and numbness so I’ve been referred to a neurosurgeon..Still waiting for authorization that’s since 3weeks ago you say what that has to do with Disability I applied and was denied…. Since 2012 I got lawyer in both cases but just feel like nothing is really being done, what can I do?

    • Kay Derochie says:

      Dear Love,

      You can be sure that your attorney has all the information about your claim. You might write a chronology of events with dates. Also, be sure that the attorney has contact information for all your physicians and has full information about the physical requirements of all occupations you have performed in the past. While you wait for a decision, follow your doctor’s orders and stay under the care of a physician. Other than that, all you can do is wait.

      Best regards,

      Kay

  17. Noel says:

    Hello, I have social benifits already, I was just hurt from work can I do a workers compasation claim, will that effect my social benifits ???

    • Kay Derochie says:

      Dear Noel,

      Yes, you can file a workers compensation (WC) claim for a work injury that you incur while working and receiving Social Security Disability (SSD). There are two advantages: First, approval for workers compensation will result in 100% coverage for approved medical care for your injury. Second, although your Social Security will go down for months that you are eligible for both benefits, the total payable between the two programs will be more than SSD alone. You need to report all workers compensation income to Social Security and they will recalculate the amount of Social Security you are eligible for in months for which your receive WC. This can take quite a long time, so I would suggest that you save at least part of the workers comp monies so that your can use part of it to repay the Social Security overpayment.

      Sincerely,

      Kay

  18. Lori says:

    I am 66 years old (retirement age) and may get a lump sum payment for a carpal tunnel injury I had in 1996. I get monthly Social Security because I retired when I was about 63.

    Is this lump sum taxable (Federal)? Also, will this affect my Social Security monthly payment?

    Thank you,
    Lori

    • Kay Derochie says:

      Dear Lori,

      I cannot advise you about taxability of your expected lump-sum payment. I suggest that you check with the IRS and state revenue department if your state has an income tax.
      a substantial part of your workers compensation lump sum to repay the overpayment. On the other hand, if the lump sum is not workers compensation and came from an auto accident settlement, for example, then the lump sum would not affect Social Security Disability. (Note: Supplemental Security Income (SSI) would likely be affected by any lump sum received, except the refund of taxes you paid.)

      Sincerely,

      Kay

  19. Kay Derochie says:

    Dear Zoila,

    Because your full name showed with your email address, the only way I could keep from publishing your full name was not to publish your question. Therefore, I did not publish your question. But here is my reply:

    If your husband is receiving Supplemental Security Income (SSI), then the workers comp settlement will count as income in the month that it is received. It it puts your and his countable assets over $3,000, then he will not be eligible for SSI again until your and his countable assets drop below $3,000. (Note: not all assets are countable.)

    If your husband is not receiving SSI and receives Social Security Disability (SSDI), there will be a workers compensation offset against Social Security (a reduction in Social Security) and it can be for past months causing an overpayment. The offset is not dollar for dollar, so there could still be some Social Security payable in overpayment months. Right now, the thing to do is to give Social Security a copy of the workers compensation award letter that shows the breakdwon of what is being paid (to CA SDI, to attorneys, to doctors, and to your husband). If CA SDI is not being paid directly by the workers compensation agency, then give Social Security any paperwork you have that shows that amount.

    Sincerely,

    Kay

  20. Linda says:

    I was injured in 2010 had multiple surgeries and was off during those surgeries. Returned back to work on modified duty. My work could not accomadate my modified duty so I went off on TD through workers compensation 2012. My job also ended and since I did not apply for a specific job I was laid off. I have been off on workers compensation since that time due to pain and modified restrictions as well as new diagnosis that have came up (thoracic outlet syndrome and tennis elbow). My workers comp td benefits are about to run out. Will I apply for SSDI or SDI? This workers compensation process has been very long and I am worried it will take more than a year to be able to go back to work from when my td workers comp runs out.(If that will even be a possibility). Should I have applied for either one a long time ago? Also when my job ended I didn’t apply for unemployement as I was on workers comp, not sure if you can answer this question, will I lose my unemployement benefits since I have been off for longer than a year without applying? ( I have been hearing many people say I should have applied when I were laid off, but I didn’t think I could as I was on td workers comp) Thank you in advance for your help!!

    • Kay Derochie says:

      Dear Linda,

      I suggest that you apply for Social Security Disability (abbreviated either SSD or SSDI) before the end of the month to avoid loss of possible back pay. There is a maximum that you can receive between workers compensation and SSDI, but it is more than either alone. Your workers compensation benefits are probably too high for you to be eligible for Supplemental Securiity Income (SSI) disability, though once that benefit stops you might be eligible financially.

      The unemployment office of your state will be able to answer your questions about entitlement to unemployment. In general, I can comment that unemployment is paid to individuals who can work and are looking for work, so you may not qualify while getting workers comp for being unable to work.

      Sincerely,

      Kay

  21. John says:

    Hello can I receive both social security disability and workers compensation? ( I am in California )

    • Kay Derochie says:

      Dear John,

      You can receive both Social Security Disability and workers compensation; however, there is a limit on the amount. The limit for both benefits combined is 80% of your average earnings. Average earnings is defined by Social Security. The 80% is more than either benefit would be by itself.

      Sincerely,

      Kay

      • phil says:

        HI KAY,

        HOW DOES SOCIAL SECURITY DISABILITY COME UP WITH YOUR AVERAGE EARNINGS?,.YOU CALL DEFINED BY SOCIAL SECURITY, THAT YOU CANT GET MORE THEN 80% OF. IS IT THE LAST YEAR OF INCOME THE TIME THAT YOU GOT DISABLED. ?WHERE CAN I SEE THIS IN ON S.S. WEB SITE .

  22. Jim B. says:

    I was injured in NY., and I receive Social Security Disability and a Workers Comp settlement of $400.00 per week for life. My question is this, when I reach retirement age and I start receiving full Social Security will my Workers Comp benefit be dropped because I will be considered voluntarily out of the workplace. Even at 75% permanent partial disability, I am still required to search for work within my restrictions. I am now 60 years old and I have not worked since I was 52.

    • Kay Derochie says:

      Dear Jim,

      I am not a workers comp expert, so I suggest that you check your original workers comp award papers for the question about whether your workers comp will continue. When you reach full Social Security retirement age, you will be switched from Social Security Disability to Social Security Retirement. I believe that if your Social Security is currently reduced for the worker’s comp, that reduction will stop when you switch to retirement benefits.

      Sincerely,

      Kay

  23. phil says:

    Dear Kay,

    when you tell people that you can get works comp payment plus social security disability payment, but the two cant add up to more then 80% of your average earnings.How does social security defined your average earnings? IS it your last year of. income that you got hurt and stop working .Excample last year worked you made 79,684=6,640 a month times that by 80%=5,312 .So if you get 2,200 a month from works comp then get 1,800 a month from social security disability that equals 4,000 a month which is less then 80% 5,312. SO there should be no offset right? Mane question is how does s.s define average earnings?

    • Kay Derochie says:

      Dear Phil,

      I do not know how average current earnings are calculated for workers compensation offset. Here’s what the Social Security Administration has published on the subject:”We use different formulas to calculate your average current earnings. Which formula we use depends on your specific circumstances. Contact us for information about how your average current earnings were calculated.”

      Best regards,

      Kay

  24. judy perez says:

    I fell down a flite of stairs on a public building. I was off work for about a year. I went back to work & worked about 7 months & I got to where I couldnt sit there any more do I had yo quit. I filed for my disability after a while. The lawyer told me I would’nt get any back pay even though I had been denied the first time. So I refiled & he got it for me. But i got no back pay & im wondering why. Plus I didnt get very much on my pay. Could something have gone wrong with this situation?

    • Kay Derochie says:

      Dear Judy,

      If you did not appeal your first denial within the sixty-day appeals period, then a new claim would have been required and nothing would be payable based on the first application. Social Security Disability (SSD) is not paid for the first five full calendar months of disability and the five months would count beginning with the second time you ceased work. If you applied for Supplemental Security Income (SSI), benefits would begin with the month after the month of application.

      SSD benefit amounts are based on your work earnings history. SSI has a maximum benefit for $721 monthly; less is payable if you have other income, including in-kind income in the form of free or subsidized shelter or food. If you think that your payment is not the correct amount, you can ask Social Security to explain the amount being paid.

      Sincerely,

      Kay

      Sincerely,

      Kay

  25. Lukasz Bial says:

    hallo, my name is Luke im 36 y/o I was injured at work in august 2012, im getting 200$ every two weeks, my doctor testimony was 2 days ago , he is saying that im 75 % partial disable ( lower back, and neck) , im, construction worker and a driver, my lawer told me that workers comp . offered me 40 k, to close the case ( which is funny) and also told me that i will have to look for lite work . MY question is , how much money i should be reciveing for real, and what kind of lite work i should get, when in this moment im not able to stand for couple hours or walk or even sleep?

    • Kay Derochie says:

      Dear Luke,

      I think that your question relates to the amount of money you might receive from your workers compensation claim. If so, I am unable to answer that question. Your attorney would have a better idea whether that is a good offer or not. If you believe that you are unable to work, then I recommend applying for Social Security Disability before the end of the month to avoid potentially losing back Social Security benefits. You can start an application either online at http://www.ssa.gov or by calling Social Security at 1-800-772-1213.

      Sincerely,

      Kay

  26. Brooke Wayne says:

    Hello,

    I have a question regarding social security and workers compensation offset rules when it comes to death benefits in Texas. I was not currently married to my 5 year old daughters father. Her father passed away in a tragic work related accident this pass January. He was not married and had no other children. So my daughter is his only dependent. My daughter is currently receiving workers compensation death benefits through Texas. She also just started receiving social security survivor benefits. Will she have an offset or can she receive both of these death benefits at the same time? Are survivor death benefits even the same thing as SSDI? Social Security is not aware that she is receiving workers comp death benefits because when I applied for her social security, I didn’t know she was going to be eligible to receive the workers comp death benefits at that time. Do I need to let social security know? I cant even get a hold of anyone from the local office that I applied at. Thanks for your help!

    • Kay Derochie says:

      Dear Brooke,

      Social Security survivor benefits are not SSDI, which is Social Security Disability Insurance Benefits. I believe that here is no offset (reduction) of Social Security survivor benefits for worker’s compensation survivor benefits, but I do not know for sure. You should contact Social Security to find out and save the amount of the worker’s compensation benefit until you know for sure, just in case there is an offset and you need to repay an overpayment. If you are having trouble reaching your local office by telephone, call the national SSA call center at 1-800-772-1213 to report. If you do not receive any follow up from the local office within a month, follow up with a letter to the local office, reporting the income and asking if there is an offset.

      Sincerely,

      Kay

  27. Tracy says:

    hi i was injured at work 4/29/2014 i drive a forklift and load trailers while i was intering the trailer somthing in the trailer broke slamming me while in the forklift to the ground injuring my back in 2 places im am currently receiving workers comp but its less then what im us to and i am now having a hard tiime taking care of my family is there anything else i can file for or do before i start lossing things thanks for any info

    • Kay Derochie says:

      Dear Tracy,

      If your doctors expect you to be disabled for twelve months, it would be appropriate to apply for Social Security Disability. Otherwise, you might check with the food stamp office to see whether your reduced income as related to your existing housing and medical expenses qualify you for food stamps.

      Sincerely,

      Kay

  28. Alice says:

    If an individual receives a workers’ comp settlement and is also approved for Social Security disability, will his retroactive Social Security benefits be subject to workers’ comp offset?

    • Kay Derochie says:

      Dear Alice,

      Yes, there is a workers compensation (WC) offset against Social Security Disability benefits. The WC settlement will be prorated over a period of time prescribed by law. During that time, the maximum you can receive between the two benefits is 80% of your average current earnings. The Social Security Administration (SSA) uses different formulas to calculate average current earnings. The formula used depends on your specific circumstances. If you are approved, you can contact SSA for information about how your average current earnings were calculated.

      Sincerely,

      Kay

  29. sherry says:

    I have been on disability for 11 months. I have decided to reopen a workers comp on my hand injury that put me out for this 11 months. I am 4 weeks away from running out of disability pay and I’m told it could take months to get my workers comp approved (if it’s approved) what can I do for income??

    • Kay Derochie says:

      Dear Sherry,

      It appears that you will be unable to work in your most recent occupation for a period of twelve months. If you have been unable to do any kind of work you have done in the past (and any other work if you are under age fifty), then you can apply for Social Security Disability (SSDI). It typically takes from two to five months to get a decision and often another month or more to get payment started after medical approval. I suggest that you contact your state’s or county’s health and human services department to see if there is temporary assistance available while your claim is pending.

      Sincerely,
      Kay

  30. mary says:

    Hello! I have a problem with workers comp, I was injured on my job on april2012 and I haven’t received any money for over one year ionly received state disability for one year I am loosing my house I don’t know what else to do my lawyer tells me they are waiting they also told me to apply for state disability, but I was denied I went to the neutral doctor in January of this year but its already august and nothing should I fire my lawyer again, this is my second lawyer I forgot to mention I have herniations on all five disks on my lower back plus four herniations on my neck plus a torn disk on my neck and a torn disk on my lower back and a rotador cuff injury with a full thickness tear on my tendon on my right shoulder.. Please help me!!!! .Thanks..

    • Kay Derochie says:

      Dear Mary,

      I cannot advise you about your workers compensation claim. If you are age fifty or other and unable to perform any kind of work you have done in the past or are under age fifty and are unable to work in any occupation, I suggest that you file a Social Security Disability application. Information on how to apply can be found under the File for SSD tab on the navigation bar of this site.

      Sincerely,
      Kay

  31. Kendra says:

    My husband has had numerous surgeries, due to three different work related accidents. Workers Compensation was originally paying, but decided that it was a pre-existing injury. We have a lawyer for this and we are in the process of fighting this. My question is, he has went to the local Social Security Disability office in our state and they asked him why it took him so long to start proceedings, and so he has contacted a lawyer to see if they could handle the claim. The lawyer told him that if he won his disability case before he won his won his workers compensation settlement that he would not have to pay anything back to workers compensation. Is that true. Based on what I have read and been told, if he wins his workers compensation case he would have to pay all of it back if he is deemed disabled.

    • Kay Derochie says:

      Dear Kendra,

      I am not sufficiently knowledgeable in workers compensation law to be able to advise you. Presumably your husband’s workers compensation attorney would know.

      Sincerely,
      Kay

  32. Lynn says:

    I am on ssd and 53 yrs old. When will this swiitch to the ss retirement, at age 62 or 67 which would be my retirement age. Also I have heard that I should drop the ssd before retirement age and apply under my husbands ss number to receive a higher amount ( I did not receive ssd under my husband because we were not married for 10 yrs at the time).

    One last question. Once on ssd, can I change to my husbands once we reach the 10 year mark?

    • Kay Derochie says:

      Dear Lynn,

      Your Social Security Disability (SSD) benefits will change to Social Security Retirement benefits at age sixty-seven. As far as spouse’s benefits go, you do not have to be married ten years if you are still married to your husband; the ten-year rule applies only to divorced spouses. When you reach retirement age, you can receive your own retirement benefit and an additional amount as a spouse on your husband’s record. For example, if a wife’s benefit would be $900 and your retirement benefit would be $800, you would get $800 from your account and $100 from your husband’s record.

      Sincerely,
      Kay

  33. Lynn says:

    Since my husband is 11 years younger, does that mean I would collect on my own at 67, then, apply for spouse portion at 73, which would make my husband 62? I heard that he would have to apply at 62 for this to happen.

    • Kay Derochie says:

      Dear Lynn,

      If your wife’s benefit on your husband’s account is higher than your retirement benefit, you can apply for additional benefits paid on his earnings record when he starts getting Social Security benefits. If he takes benefits at age sixty-two instead of waiting till his full retirement age, his benefits will be reduced by 25%. Your wife’s benefit would be 50% of the full benefit he would have received at full retirement age. The amount actually paid to you is the difference between the wife’s benefit and your retirement benefit.

      Sincerely,
      Kay

  34. Al Latham says:

    I am on Federal Workers Compensation and also receiving Social Security Disability. I about to turn 62 and have been contacted by the Social Security Office to come in and apply for retirement benefits. Am I entitled to receive Social Security Retirement and my Workers’ Compensation payments? Since people on Social Security Retirement are limited in what they can earn per year, I am concerned that I will no longer be eligible for my Worker’s Compensation payments.

    Thank you, Al

    • Kay Derochie says:

      Dear Al,

      You can receive both Social Security Retirement and workers compensation; however, the information that you are providing is confusing. If you are getting Social Security Disability, it would continue until you reached full retirement age. Social Security Retirement at age sixty-two would be reduced benefits–25% less than your disability. I suggest that you keep the appointment and get an explanation.

      Sincerely,
      Kay

  35. tAMMY says:

    I am on workers comp now for approx. a year and a half… am I eligible for ssi too? if I am if and when they offer me a settlement for this claim with workers comp will it effect my amount of ssi? Also will I be able to carry the max ssi after I receive my settlement… I am only 46 and dr. has advised I can not go back to regular work and I have several restrictions now… I have not been able to find a job..

    Thank you

    • Kay Derochie says:

      Dear Tammy.

      If you are receiving workers compensation now, your income may be too high for SSI (Supplemental Security Income); however, you may be eligible for Social Security Disability (SSDI). If you are unable to work I recommend that you apply.

      Total Social Security and workers compensation benefits are limited to 80% of your average current monthly earnings as determined by Social Security. If you receive a settlement, the settlement will be prorated out at the rate of monthly benefits. This means that in most states, your Social Security will be reduced. In some states, it’s the workers comp that is reduced. Either way, the two benefits together are more than either benefit alone.

      Sincerely,
      Kay

  36. Steven says:

    I was just approved for SSDI and SSI this month. I was also notified that I would be receiving a workmen’s compensation settlement of $18,000. I plan on taking this settlement in a lump sum, but have no intention of keeping any of it. My son just had his first child and is faced with some very large medical bills and I was planning on gifting the money from the settlement to him and his wife to help.

    If I did this would my checks be reduced/stopped even though I am keeping none of the money? I want to help, but I cannot be in a situation where I give away the money to do so and at the same time lose all my income (ssdi/ssi) and no longer be able to afford to survive.

    • Kay Derochie says:

      Dear Steven,

      Your worker’s compensation settlement will likely reduce your Social Security Disability (SSDI) benefits for the number of months that the settlement would cover if prorated out at the rate of a regular monthly workers compensation payment. There is a reduction because the maximum workers comp and Social Security Disability you can receive is capped at 80% of your average current earnings as calculated by the Social Security Administration. Therefore, before you give the money away, you may want to wait to see how much your Social Security will be reduced and whether you have a Social Security overpayment because of the settlement.

      Workers compensation payments affect Supplemental Security Income (SSI) differently. The settlement will count as income in the month it is received and you will not be eligible that month. The first of the following month any of the settlement money you have left AND any of the settlement money you give away will count toward the resource limit of $2,000 for individuals and $3,000 for couples. If you give money away, it will keep you from getting SSI for a length of time, which will be determined by Social Security. If your Social Security benefit is too high for you to receive ongoing SSI benefits once the Social Security starts, the impact of workers comp on SSI may not be as important you as its impact on your SSDI benefits.

      Sincerely,
      Kay

  37. shine says:

    Hi Kay,
    My case is a bit complicated, so my basic question is does workers comp have any limit on time to respond to a work injury? It is a re-injury, and I am within the time to claim, however, they are telling me my paperwork has been getting pushed around to different adjustors and its just now “getting looked at”. It has been 4 months,I need a surgery, and I can’t do anything w/TTD benefits, because comp ins won’t accept or deny my claim, yes, i do have an attorney, thanks in advance!!

    • Kay Derochie says:

      Dear Shine,

      I am not knowledgeable about workers compensation processing time. I suggest that you ask your attorney.

      Sincerely,
      Kay

  38. shine says:

    Cont: Sorry, I meant to ask since I am not getting paid at all, can I apply for SSDI benefits?Or should I wait for an answer from Workers comp first?

    • Kay Derochie says:

      Dear Shine,

      If you are expected to be disabled for twelve months, you can apply for Social Security Disability now. See the articles under the “Apply for SSD” tab on this website for tips on applying. Be sure to indicate on the application that you have a pending workers compensation claim. (There is a maximum amount that can be paid between Social Security Disability and workers compensation, but the maximum is usually more than either benefit alone, so it is worth applying for both.)

      Sincerely,
      Kay

  39. joao victor says:

    hi, im off work for about two years now,i have a lower back pain, nerve and muscle pain in my both legs, numbness on my both feet and tingling on my toes also have nerve pain on my right shoulder hand and finger. i m al suffering from a major mental disorder,due to the pain and other work related issues, im seeing a psychiatrist for almost two years now and my condition is not improving, i had a 27% rating for my back and nerve pai about a year ago but i believe its hire due to conditions getting worst, i receivstd for a year and now i have been receiving ltd, since i apllyed for ssdi ten months ago and been denied twice i have a lower now helping with ssdi issues, now im also seeking w/c benefits, ltd is offsetting an estimate for ssdi , so when i sttle with w/c i believe i have to backpay ltd also, im 52 years old and was making 100k yearly salary i work for 31 year, if i get awarded w/c benfits and ssdi benefits , what amount you think i would be getting weekly or biweekly, since my wif is not working for about 21 year and now has neuropathy and her left leg is very weak and can feel her left foot she is having a hard time to walk seat for a long time , im trying to make plans but would like to see what would be my total benefits from ssdi and w/c , any help would be apreciated.thanks

    • Kay Derochie says:

      Dear Joao,

      You can get an estimate of your Social Security Disability benefit amount by requesting a Earnings Statement (not a benefit verification) that will show your work earnings under Social Security and an estimate of disability and retirement benefits. If you receive both workers compensation and Social Security for the same period of time, the maximum you can receive from the combined benefits is eighty percent of your average current earnings as determined by Social Security. This amount will be more than either Social Security or workers compensation alone.

      If your wife has a child of yours under age sixteen in her care or she is age sixty-two or over, she can receive wife’s benefits on your Social Security account if you are approved. She is not eligible for Social Security disability because she does not have the required work credits. While you are receiving LTD, it is unlikely that she will not qualify financially for Supplemental Security Income (SSI) disability; however, you could contact Social Security to find out.

      Sincerely,
      Kay

      • john says:

        hi Kay. this is joao again, when you say 80% of my average current earnings, this means 80% of my salary,, if that is the case ,than i think its best for me to have w/c benefits paid by monthly, so i dont have to backpay ltd, nor if i get awarded ssdi will affect the ssdi payments because it will be less than 80%, on the other hand if its more than 60% ( max amount that ltd pays)than ltd will reduce there monthly pay by???, so i should ask for as much as i can from w/c as long it will not go over the 80% and when the w/c runs out than ltd will pick up the tab up to 60% off course combining with ssdi benefits.

        • Kay Derochie says:

          Dear John,

          Your reasoning may or may not be accurate. The 80% is not necessarily 80% of the salary you were receiving when you ceased work. You can contact SSA for information about how your average current earnings are calculated. There are several factors that go into the calculation.

          In general it is best to claim all benefits possible and repay whatever you have to to be sure that you receive everything that is due you. Whether you get a workers comp lump sum or monthly workers comp, Social Security will do a monthly offset and the LTD will probably do so as well. Keep in mind that if your LTD is already at the minimum because of workers comp and you get a reduced Social Security award, your LTD will not go down further.

          Sincerely,
          Kay

  40. RICHARD YATES says:

    i have been off work since feb 27 from a back injury at work,i have been recieving workmans comp,and have had three epidurals which only last a little while.not fixing the bulging disc. the dr says he can only get me to 65% to what i was before injury.he wants me to go back to work but i feel i cant yet.i am 59.can i take a lump sum payment

    • Kay Derochie says:

      Dear Richard,

      I am not sufficiently knowledgeable in workers compensation law to advise you. I suggest that you contact a workers comp attorney and/or discuss your case with your workers comp representative.

      Sincerely,
      Kay

  41. Laura says:

    I am applying for SSD right now (2014) for a mental heath disorder. I wanted to know if I got a w/c settlement and declared permanently disabled for a wrist injury back in 2001, can I send in all the documents from that case to help my current case. Because I am permanently disabled in my wrists it has greatly made it limited me to find jobs. Now I have a mental disorder that effects my job abilities even more (anorexia). Will it help my new case because it might show I am getting more and more limited in ability to even have any job? I haven’t worked in 3 years due to both problems. But the wrist disibility was declared in 2001 so does this matter?

    • Kay Derochie says:

      Dear Laura,

      You should provide information about all your limiting conditions no matter when they began and make an explicit statement about the limitations and which condition they come from. Attaching the documents about the workers comp determination of permanent disability and any medical summary reports or residual functional capacity evaluation reports would be appropriate, though Social Security may also need current medical information about your wrists. Claim the day after you last worked as your disability date.

      Sincerely,
      Kay

  42. Mary says:

    Hello,

    My mom was injured at work with what the doctor thought was tendinitis. She had surgery and PT but the pain for worse. She got a second opinion and found out she has a chronic pain disease RDS. Sinxe it has been about 6 months, she lost her regular health insurance but her WC is still paying for the treatments. She wants to go on disability but does she have to wait till she reaches the end of WC? I believe they are going to try some injections and more PT and a pain doctor. Thank you!

    • Kay Derochie says:

      Dear Mary,

      If your mother expects to be disabled for twelve months or more, she can apply for Social Security Disability (SSDI) now. It takes two to five months to process the initial claim. SSDI is subject to a workers compensation offset for any months the benefits overlap. The maximum she can receive between the two benefits is 80% of her current average earnings as determined by the Social Security Administration (SSA). This usually results than a higher benefit than either benefit alone. In most states, Social Security is reduced; however, in some states, it’s the workers comp that is reduced, not SSDI. If that is the case, your mother will need to use some of her Social Security back pay to repay some of the workers comp she received for those overlapping months.

      Sincerely,
      Kay

  43. joao victor says:

    hi, im having issues with my ltd (reliance standard) to be approved for my physical injury , they only covered me for mental injury, they also advised me in having the advocator group to file my claim with ssd, for the past ten months , i have been denied twice, and when i call they told me they don’t have an attorney working on my case , they’re trying to see if i get awarded before going to a hearing if not than they will hire a local ssd attorney on my area to represent me, i don’t like this at all? my question is can i cancel theyr service and hire my own attorney that can handle both-LTD and SSD, ltd owes me ten months of ssd estimated amount, and this is after i signed the reimbursement agreement letter for back pay ,only if i get ssd benefits, two months ago i ask them why they were doing that they told me because i never got back to them in august 2013, i told them you should have a letter that i signed on july 2013 in my files , which the examiner was not aware , once he looked din my files than he said oh its here, but i can not do anything about the ten months , i will pay you the entire 60% of benefits for the last two months, and when we find out about the ssd hearing than we’ll discuss the money we owe you. again, i don’t trust these people, i paid for the premium , so therefore im the one who should make the decision either pay me now or later. since i have all the documents signed i think i have a good case to get my money back and also charge them interest. please can you let me know, if hire my own attorney to handle both cases, will not cause any conflit with advocator group.

    • Kay Derochie says:

      Dear Joao,

      I am unable to give you the legal advice that you seek. I suggest that you talk with a Social Security attorney and let the attorney advise you regarding what you can and cannot do related to the advocator group.

      Sincerely,
      Kay

  44. Sam says:

    ive been on WC since 2011 with a back injury. My WC has stop July 2014 im on SSD with offset. WC told my attornys since we reached settlements no more TYD checks for me, I found out in July WC haven’t paid all my bills, now it’s Oct and my attorny said the bills still not paid so I can’t sign contracts. I understand that but do I give SSDA a call and let them know I’m no longer getting TTD? Or do I wait until I sign contracts and do I get retro from the time my TTD stop, need help on this while household bills start to pile up.
    Thank you

    • Kay Derochie says:

      Dear Sam,

      I can address the Social Security part of your questions. If you report now that your Temporary Total Disability (TTD) from workers comp has stopped, Social Security will stop the offset against Social Security Disability (SSD), although it may take them a few months to process it. Then when you “sign a contract” for a workers compensation settlement, the offset will begin again using a monthly proration of the settlement. The offset for the settlement will be retroactive to the date that the TTD ended and you will have an SSD overpayment, which you will need to repay from your workers comp lump sum settlement. If you can get by on the SSD you are getting now, it might be simpler to just wait until you get the lump sum and report the termination of the TTD and the award of the settlement all at the same time and avoid an overpayment.

      Sincerely,
      Kay

  45. Todd says:

    I’ve been wondering where to start. I have had 2 Hiatal hernia surgeries since 2009. I have signs that my hernia is back after a year and a half. The signs have got worse in the last 3 months. I also have digestive issues. I feel the pressure of a bullet proof vest and the stress of a 15 years of Police work could be a occupational illness or injury. Do I go to my Employer and make a workers comp claim? Do I make a claim with SSI? I don’t think I donate to SSI. I live in Utah.

    • Kay Derochie says:

      Dear Todd,

      If your conditions are work-related injuries or illnesses arising from employment, a workers compensation claim would be appropriate. If not, you could file for disability retirement under your employer’s public retirement plan. If you are insured for Social Security Disability (SSDI benefits), you can also apply with the Social Security Administration (SSA). (You can determine whether you pay Social Security taxes [FICA taxes] by looking at your pay stubs.)

      Sincerely,
      Kay

  46. Lana says:

    Hi, what if u win a jackpot from a casino and file taxes does SSID, take that to,,,

  47. Lana says:

    SSDI when u show then ur tax returns,,,Do they deduct ur winning from ur monthly SSDI check

    • Kay Derochie says:

      Dear Lana,

      If you are receiving Social Security Disability (SSDI), your gambling winnings do not affect your benefits. If you are receiving Supplemental Security Income (SSI), you need to report the winnings to the Social Security Administration and your SSI payment amount will be affected.

      Sincerely,
      Kay

  48. Cilla Reid says:

    I recently settled my WC case with a C&R. I will be receiving $22k for myself and $12k for Medicare Set Aside. I am 66 years old and have been receiving SS retirement benefits since age 62. Will This lump sum payment affect my SS retirement benefits? Thank you.

    • Kay Derochie says:

      Dear Cilla,

      I believe that workers compensation does not affect Social Security retirement benefits.

      Sincerely,
      Kay

  49. jethro says:

    I got hurt at work at what I feel was negligence by my employer after several days of complaints by myself and other workers,the day crew kept a federal cat where we all do are paper work.I made several complaint then one day I got bitten by a federal cat that was kept inside where there are rules no pets aloud, since the injury I went through 5 operation including 2 skin graphs to close all wounds.I received a letter after 6 months that myself and family lost our health coverage and was told that our jobs which are NOT UNION JOBS, that the company follows the maintenance union books rules, I went through he’ll with surgeries and graphs and still not back to work,I’m disfigured and have major scarring and still in ALOT OF pain ,can get some help please????

    • Kay Derochie says:

      Dear Jethro,

      Disability Advisor does not help with workers compensation claims or employment law. I suggest that obtain legal assistance from an attorney who handles those two areas of law. If you have been or are expected to be disabled from work for twelve months or more, you can apply for Social Security Disability. If you are within thirty days of the termination of your health insurance or of notification of termination of insurance, you can apply for insurance through the Affordable Care Act (Obamacare) possibly with government subsidy for the premiums. More information is available at http://www.healthcare.gov.

      Sincerely,
      Kay

      Sincerely,
      Kay

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