Loading...
You are here:  Home  >  SSD Basic Facts  >  Current Article

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

By   /  March 3, 2016  /  241 Comments

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

    Print       Email
get-social-security-disability-2

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?”

    Print       Email

241 Comments

  1. Carmen says:

    Hello, I worked for a big insurance company for 17 years then got sick with chronic migraines and was fired for being out too long, I had purchased a long term disability policy from 1995 From my employer, long story short they denied my claim, had to get a lawyer and won my case in 2014 and settled for a lump sum which ended up being less than I was entitled to because they said they were deducting any future ssdi payments. I got sick about 5 years ago and stopped working in 2012, when state disability ran out I applied for ssdi and just got letter stating I was approved back to July 2012, is the lump sum I received be deducted from my back pay? I read a lot of your questions and responses but most of them have to do with work comp. thank you in advance for your time…

    • Kay Derochie says:

      Dear Carmen,

      Social Security Disability benefits are not reduced for long-term disability (LTD) benefits.

      Sincerely,
      Kay

  2. Henry Walt says:

    Bad accident at work 6-04. 61 yrs old, would be 62 on 9-04. Got offset ssd with full w/c. then at 65 yrs old I got full ss & offset w/c . that was 12 yrs ago & comp is still offsetting w/c. Should I ask social security or/ & comp about why they are still offsetting. I live in Pa. thanks Henry.

    • Kay Derochie says:

      Dear Henry,

      I suggest that you ask workers comp. I would have expected the offset to have ended when you reached full retirement age, but workers comp laws vary a bit from state to state.

      Sincerely,
      Kay

  3. Kim Courser says:

    I was wondering my husband was receiving WC and he took a smaller amount while he was living so that when he passed away it would carry on to me. So I recieve widower benifits from them now. I have become disabled and will be going to court soon to see if I will recieve it. My question is will my social security benefits if i get them be reduced because of workers compensation widower benifits?

    • Kay Derochie says:

      Dear Kim,

      I am not certain. My guess is that if the disability benefits you have applied for are disabled widow’s benefits on your husband’s Social Security account, the worker’s comp payment may be taken into account resulting in a reduction. I think that if you are approved for disability on your own earnings record, the workers comp survivor benefits may not be considered in the calculation. Either way, when you declare the workers comp benefit make it clear that it is not being paid for your own disability.

      Sincerely,
      Kay

  4. donna says:

    Does the offset from Labor and Industries ever stop…if so at what age…

    • Kay Derochie says:

      Dear Donna,

      Offset for workers compensation benefits from Labor and Industries will stop at the earlier of the date you reach full retirement age when your Social Security benefits will be converted to retirement benefits or the date your workers comp “stops.” Worker’s comp “stops” the later of when regular payments stop or the last month through which a lump sum settlement is prorated. If you have an offset due to proration, the original letter that advised you of the offset should say when it stops. If you don’t have the letter, you can as the Social Security Administration (SSA) when it is scheduled to end.

      Sincerely,
      Kay

  5. Jack C. says:

    Dear Kay,

    I am 61 and receive SSDI and I will soon be seeing the agreed upon Dr. to receive my Workmans Comp. rating.
    I understand that any WC settlement will offset my SSDI.
    I also receive a small pension of $441. per month from my previous employer. Will SSDI also consider the pension when calculating the offset.

    Thank you,

    Jack C

    • Kay Derochie says:

      Dear Jack,

      As long as your pension is from a private employer or from a public employer based on wages on which Social Security taxes were paid, your pension will not affect your Social Security benefits.

      Sincerely,
      Kay

      • Jack C. says:

        Thank you very much for all your knowledgeable answers. You are awesome.

        Jack C.

        • Kay Derochie says:

          You are welcome, Jack.

          • Jack C. says:

            Dear Kay,
            I’ve had my QME evaluation and yesterday received a large check with TD back pay and a month’s worth of PD payments. The check stub states Permanent Disability (PD/LP). Can you tell me what the LP stands for and also how will this large check affect my SSDI.
            Thank you very much,
            Jack C.

          • Kay Derochie says:

            Dear Jack,

            I don’t know what the workers comp abbreviation LP means. The large temporary disability (TD) check will be prorated out over the period of time it is intended to cover. You will have a Social Security Disability (SSD) overpayment going back to the first week the TD covers, so it would be best not to spend the money until your Social Security claim has been recalculated and you have received the overpayment letter telling you how much you have to repay. The PD payments will count in the month for which they are paid.

            Workers comp offset is not dollar for dollar. You can receive SSDI and workers compensation equaling eighty percent of your current average earnings (as determined by Social Security) at time of disability. This amount is usually more than either benefit alone. How current average earnings is calculated varies. Once your offset has been calculated, you can ask how Social Security determined your average.

            Sincerely,
            Kay

          • Scott T says:

            Hi, Kay!
            You have tons of good information!
            I have been receiving SSD for over a year while fighting for worker’s comp. The SS administration has sent the same form twice now, asking the status of my WC claim. I’m pretty sure any offset will come out of a WC secondary pension until I reach 62(54 now). I’m also pretty sure my highest years’ earnings of the last five will be in play, as it’s the higher vs the five year average, leaving me with a max of $6,800.00 per month after the math. My monthly SSD check is $2,112, while my adult disabled son splits $1,056.00 with my 16 year old. Neither of them reside with me. How much will my offset be?
            Thanks,
            Scott

          • Kay Derochie says:

            Dear Scott,

            Usually workers comp offset continues to full retirement age, which depending on your date of birth is between age sixty-six and sixty-seven. The workers compensation offset results in the two benefits not exceeding 80% of Average Monthly Earnings (AME). AME is determined by SSA and the method varies depending on claim circumstances. Once you finally get workers comp and the offset has been applied, you can ask Social Security to explain how your particular offset was calculated.

            Sincerely,
            Kay

  6. Byron says:

    Can someone please help me with this? I get SSDI and have for about 2 years now. I won a workers comp case lump sum which equals after lawyer fees to be about 15 months worth of SSDI checks. I immediately reported this. What will they most likely do? Reduce my checks for a while? Cut them off completely? If so for how long? Should everything return to normal in 15 months? When I call SS or go to the office all I get is shoulder shrugs and wait and see responses. I really need to use the money to help with my disability. Like badly! But if they are going to majorly slash my check or completely cut it off I won’t be able to and will have to continue suffering. If anyone can help please do!

    • Kay Derochie says:

      Dear Byron,

      Presumably, you have already submitted the workers comp paperwork to Social Security. It can take several months for the recalculation to be made. The settlement will be prorated either based on the terms of the settlement or if no dates or rates are included in the description in the settlement, the proration will default to Social Security law and regulations. This means that you might be overpaid for past months of Social Security and you may need part of the workers comp settlement to repay the overpayment. It is also possible that the proration could extend out into the future so that future Social Security is offset (reduced) for a while. Accordingly, it would probably be wise just to hold onto the money until you know where you stand financially.

      The offset, whether retroactive or prospective, is not dollar for dollar. Social Security the law limits the total amount of workers compensation and Social Security that you can receive for the same period. During the months the proration covers, the maximum you can receive between the two benefits is 80% of your average current earnings. The Social Security Administration (SSA) uses various formulas to calculate average current earnings. The formula used depends on your specific circumstances. After the calculation has been completed, you can contact SSA for information about how your average current earnings were calculated.

      Sincerely,
      Kay

      • Byron says:

        I understand the 80% rule but like the guy at the Social Security office said what makes my case tricky is that it’s not a monthly workers comp payment being sent to me but rather a one time only lump sum payment. He explained were it a monthly or weekly check he could figure it out and ballpark it for me. But since this is a lump sum amount he doesn’t know exactly how to approach it and just says to wait until I hear from Social Security. I will sit on the money of course but that is really putting me in a bind with my landlord who is demanding I either sign another 1 year lease or pay an extra $200 a month for rent on an apartment that is not suited for my disability. That’s why I really wish they could give me a concrete answer sooner rather than later.

        • Kay Derochie says:

          Dear Byron,

          It would seem you will either have ongoing unreduced Social Security benefits or you will have reduced SSDI benefits and need to rely on your worker comp settlement for ongoing expenses. If you don’t use the settlement for special purchases or to pay off debts, you should have enough money either from Social Security or the settlement to cover expenses that you have been able to cover up until now including your lease.

          Sincerely,
          Kay

    • Stevan says:

      I recently settled my case. I was receiving (pda)permanent disability advancements & SS. In my settlement was a lien from SS. Luckily they agreed to settle for 10% of the amount paid out to me from SS. SS knew I was receiving both all a long and didn’t say anything. My settlement was still reasonable after all of the deductions. I’m waiting to see how much less my monthly SS payment will be.

      • Stevan says:

        edited:it was EDD that had the lien on.

        • Kay Derochie says:

          Dear Stevan,

          Please see my response to your first post. I am not knowledgeable about EDD law and regulations, so I am unable to respond further.

          Sincerely,
          Kay

      • Kay Derochie says:

        Dear Stevan,

        If you have a question, post it and I will attempt to respond.

        Sincerely,
        Kay

        • Mike says:

          I have an ongoing W/C claim and just was approved for social security. They two agencies now pay me at W?C prorated and SSDI full amount. Is it possible to just kick L&I to the side in order to avoid going through voc training

          • Kay Derochie says:

            Dear Mike,

            You are receiving more between workers comp and Social Security Disability (SSD) than Social Security alone will pay you. Given that the workers comp is being reduced, declining workers comp will not affect your SSDI if you are certain it is not being reduced now. I suggest that you get some legal advice before terminating the other benefit to be sure that in doing so you are not giving up some other right you would choose to keep.

            Sincerely,
            Kay

  7. Kathy oguin says:

    Hi. I have a quick question. I was injured on the job both in 2012 and 2013. I haven’t worked since January of 2014 because of the injuries and surgeries. Work comp discontinued my weekly check in June of 2014 after the dr released me so in September of 2015 I signed up for ssi and was approved in March of 2016. I received a 1 times payment and it states I am eligible for monthly checks but work comp has an offset against it. My questions are, does work comp just offset for the TTD or also for the medical part? Also, will I not receive anything from SSI now for years because of this? Any advice will be helpful and thank you

    • Kay Derochie says:

      Dear Kathy,

      I believe you are saying you received a one-time Supplemental Security Income (SSI) payment and you are waiting for the one-time Social Security Disability (SSDI) payment. SSDI is offset (reduced) by workers comp paid for the same months and by a proration of any workers comp lump sum settlement you receive. If you did not receive a lump sum settlement, your SSDI should not be reduced for months after June 2014.During the months the two benefits overlap, 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. You can contact SSA for information about how your average current earnings were calculated.

      Sincerely,
      Kay

  8. Rich says:

    Hi Kay,

    I am 63 and retired in California, diagnosed as permanently disabled with Parkinson’s Disease. Here is a brief timeline of my Social Security claim:

    July 2014 – layoff from employer of 11 years

    August 2014 – Approved for unemployment insurance benefits

    September 2014 – received formal diagnosis of Parkinson’s Disease and approved for CA SDI. UI benefits were converted to SDI for the remainder of 12 months ending in October 2015

    November 2014 – At age 62 applied for SSA early retirement and SSDI at local SSA office

    January 2015 – Began receiving Social Security early retirement benefits

    February 2015 – SSDI claim approved. Advised by claims representative at local SSA office to continue retirement benefits until end of SDI benefits to avoid “offset”, and to bring the SDI “Notice Of Exhaustion” to the SSA office when SDI benefits ended

    March 2015 – Received a letter from SSA including this:

    “We have determined that you are technically entitled to disability benefits beginning February 2015. Your disability onset date is August 4, 2014. Since you have elected to continue receiving a retirement benefit to avoid being offset by workers’ compensation, your monthly benefit amount has not changed”

    October 2015 – Presented SDI “Notice Of Exhaustion” at SSA office and was told that SSDI benefits would begin within 90 days, retroactive to 10/15, at amount equal to full retirement benefits at 66

    January 2016 – Phone contact with SSA, was told that my claim was with the “Benefit Authorizer”, and retirement benefits should convert to SSDI within 45 days

    I have continued to receive benefits at the early retirement amount, and my Social Security account page indicates only a retirement claim

    My questions are:

    Should I be concerned after a 5 month delay ?

    Will my benefit amount remain the same at age 66, when SSDI converts to retirement ?

    Is there anything I can do to determine the exact status of my claim ?

    Any advice you can offer is very much appreciated,

    Rich

    • Kay Derochie says:

      Dear Rich,

      It can take a really long time to get benefit amounts changed. You will eventually get the increased amount. If you do not have the increase by the end of April, you might have your congressperson’s office make an inquiry. There’s no way to find out how close you are to having your status and benefits changed. You can ask the local office to make an inquiry, but the reply they will likely get will just be just a confirmation that they have the paperwork.

      If your disability benefits begin in the same month as your reduced retirement began or earlier, your retirement benefit will be paid at the same rate as your disability when you reach full retirement age. If you were entitled to reduced retirement before your first month of entitlement to disability, there will be a reduction at full retirement for those months of reduced benefits at a rate of 5/9s of one percent per month.

      Sincerely,
      Kay

      • Rich Post says:

        Hi Kay,

        Thank you very much for your reply and encouragement, very much appreciated !

        I have had several phone contacts recently regarding my claim status with both my local office and the 800 number. They consistently assure me that my claim has passed the Benefit Authorizer and forwarded to the Payment Center …

        So now its just a waiting game …

        I will certainly take your advice and pass any future inquiries through my state congressperson’s office …

        Thanks again for providing this service, SSA claims are a very complicated process, and I’ve learned a lot from your website …

        Best wishes,

        Rich

        • Kay Derochie says:

          Dear Rich,

          You are welcome.

          Sincerely,
          Kay

          • Rich says:

            Hi Kay,

            I took your advice and signed an authorization form for the staff at my local congressman’s office to look into my claim status, but no response after two weeks …

            However I called SSA again and was fortunate to get an agent who identified himself as a supervisor. He examined my claim from the beginning and told me that it had been returned twice to my local office to correct “errors and omissiona”. After that the Benefit Authorizer had put it into a “backlog” file in April, no reason given. Then he said “We really dropped the ball on this”. I was surprised that he was so candid …

            He immediately sent a message to the Payment Center directing them to expedite my claim within 15 days …

            He also gave me some advice that might be useful to another claimant in a similar situation. I was told if necessary I can call and specifically request a “manager-to-manager” phone call to the Payment Center, or I can make an appointment at my local SSA office, request to speak to a supervisor, and ask them to call on my behalf …

            Hopefully this will not be necessary, but its good to know there are still options if I don’t see a benefit increase this month …

            Thanks again for your help and encouragement, and I hope this information might be of use to someone with a long delay between SSDI approval and the benefit payments …

          • Kay Derochie says:

            Thanks, Rich.

          • Rich says:

            Hi Kay,

            My retirement benefit deposited today, and my SSA account page shows that my next deposit will be a 25 percent increase for SSDI. The back benefit was deposited today as well. So the “conversion” from retirement to disability took a total of 8 months. I followed your advice and requested assistance from my congressperson’s office. I believe this made the difference and got fast results. Thanks again for your support and insight, and hope this information is helpful to others. Best wishes to you !

          • Kay Derochie says:

            You are welcome, Rich.

          • Rich says:

            A quick follow up. Got a call today from the woman at my congressman’s office who handles constituent assistance forms. She received my request on June 1st, called the SSA Payment Center on June 16th, and my benefit increase and back benefits were deposited on June 22nd, four working days later. I thanked her, of course, and the congressman too …

  9. Kristine says:

    I received “state disability retirement” in 2009, while I was waiting on SSD benefits from a back injury and PTSD.
    I stopped getting WC benefits years ago, and I refused to “stip” out my injury, because I know I need a fusion. (my injury was in 1997)
    I received a permanency rating, and was paid that amount already.
    I never had an attorney, and so far, so good.
    I ended up getting this surgery (fusion) plus (2) artificial discs in January 2016.
    WC approved this in 10 days as a nerve that goes into my left leg was frayed. I had the 360 degree lumbar surgery, with (3) surgeons participating in this 6 1/2 hour surgery.
    I was discharged in 3 days. They sent nurses to my home, twice a week for a month. My husband is retired so I did not have to go to a nursing home.
    I suddenly got a TTP check for (4) weeks from WC.
    Is this normal?
    They must know I am NOT going back to work, so wondering if this an actual benefit because I cannot walk and am considered “totally disabled” for now…..they told me it would take a year, for me to heal.
    I can only walk 50 feet, with a cane, before my leg feels like it weighs 200 lbs, and I have to stop and rest.
    My left foot is fuzzy and there are several parts of my left leg and where the front scar is, that is numb. I think for the amount of time, I am doing pretty good, but its slow going.

    I just want to know if they are eventually going to say, I was overpaid, and then I owe them?
    Thanks for any ideas on this circumstance.
    I am 55, if that matters and yes, Medicare is primary now and ANTHEM is secondary.
    My “pension” is offset by SSD benefits, so I get (2) checks. SSD is the higher amount, not sure why that is.

    • Kay Derochie says:

      Dear Kristine,

      You need to contact the workers compensation company or agency that paid you the compensation check for an explanation of the payment. If you are, in fact, due the benefits, you must report the benefit amount and start date to Social Security because your Social Security Disability (SSDI) will likely be reduced for part of these additional workers compensation benefits.

      Sincerely,
      Kay

  10. Kurt Kazda says:

    I may have used the incorrect acronym when I used SSDI I think I should have used SSD, I receive Social Security Disability payments as part of my L&I workers compensation tax free Pension benefits. Thanks Kurt

    • Kay Derochie says:

      Dear Kurt,

      SSD and SSDI are both acronyms for Social Security Disability. Please see my response of a few minutes ago to your first post.

      Sincerely,
      Kay

  11. Kurt Kazda says:

    I have a Pension from L&I workers Compensation St of WA since 2008. For the first 18 months I didn’t get SSDI. I can’t remember how I got it (to many drugs) but the wife said the State of WA said I had to apply for it. I have 2 questions. Question 1, did I or do I now have to have SSDI and can I wait till I am 70 to start collecting my regular Social Security? Question 2 My pension states it is tax free from any taxes. SSDI steps in and sends me 1099 for there portion. It hasn’t been to much of a burden over the years maybe I have paid approx $1,000 of my pension over seven years. This year because we sold our business If I put in the 1099 I end up owing them approx $3,000 of my pension which is tax free and since I turned 62 in Nov SSDI paid me to much money and when I put in the corrected 1099 it says I owe them another $400 for the over payment which was paid back in Feb 2016 after we got everything straightened out. In 2016 our taxes will not have any taxable income to offset the $400 tax over payment on there errors. Do I have to pay taxes on my tax free Pension. I do not get My full Pension and SSDI on top of that. State of WA and SSDI share the cost of my full tax free Pension. Example Full pension $3,000 per month, State of WA pays $1,600 and SSDI pays $1,400. Thank You, Kurt

    • Kay Derochie says:

      Dear Kurt,

      Only the pension paid to you directly from L & I (State of Washington) is tax free because that is all the pension you are getting. Social Security is not sharing the payment of it. Social Security is a separate federal benefit, part of which may be taxable depending on your family’s income. There is a special tax worksheet used to figure how much is taxable.

      By receiving Social Security Disability (SSDI), you are actually protecting your retirement benefit because being on Social Security’s books as disabled can keep zero earnings years from being factored into a retirement calculation once you reach full retirement age which is sixty-six. In your current situation, you are not receiving reduced benefits and your SSDI rate will be continued when you are automatically switched to retirement at age sixty-six.

      I don’t think that sale of your business will have any effect on either benefit, but I suggest that you check with your tax accountant because 1099s are used for many different types of income, not just work income.

      Sincerely,
      Kay

  12. Jeannie says:

    I was injured on the job twice in 2011. I continued to work until 1/2014 was placed on WC. Have had two surgeries. I was receiving WC TTD up to June 2015 then they stopped paying me. I applied for State Disability benefits and received them since July 2015 to present. They are about to run out. I also applied for SSDI 1/2014.I am going to hearing 02/03/16 I am 66 years old now. If I get granted SSDI will they reduce my Social Security Retirement benefits? I am also going to hearing for WC tomorrow 2/02/16 hopefully to settle the case in a lump sum payment. I just would like to know if my retirement benefits get reduced because of WC benefits? Thank you.

    • Kay Derochie says:

      Dear Jeannie,

      Receiving Social Security Disability (SSDI) will not reduce your Social Security Retirement benefit paid for months before your reached full retirement age. Workers comp paid for any months that overlap with SSDI–including any prorated portion of a lump settlement– will cause a reduction in the SSDI. Variations exist from state to state, but usually workers comp doesn’t affect Social Security Retirement benefits.

      Sincerely,
      Kay

  13. The Dang says:

    Hi Kay,

    I am 54 years old and I got hurt at work on Nov. 2012, and could not come back to work till now. WC accepted my claim and paid $767/week till Mar. 2014 and discontinued TTD because I passed 90 days after I got the MMI from my treating Dr. After discontinued the TTD, WC started pay me $613/week from the minimum PPD (60%)they accepted ($114,000), I do not know what is my final PPD percentage will be, because I had 50% from my pain Dr. and 45% from Psychologist to add to the percentage that WC accepted. If nothing change, I am going to the hearing at the end of this month. If I win the case, WC will have to pay me $766/week and the amount of money from PPD ( I do not know exactly amount, but at least $114K they accepted) until I turn 67 the age of retirement. Should I apply for SSDI or wait till my case settle? I do not know how the SSA calculate 80% of the average income, do you think in my case, WC pay $767 plus PPD more than the 80% of the average income SSA determined?

    • Kay Derochie says:

      Dear The,

      I recommend that you apply for Social Security Disability even if benefits are suspended because your workers compensation alone is more than 80% of your “average current earnings” because you will go on record as being disabled and that will keep the years of zero earnings being factored into the calculation of your Social Security Retirement benefit. Additionally, after two years of entitlement, you will be eligible for Medicare even if benefits are not being paid.

      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

  14. Tiale Kiah says:

    Hi,
    I really need help but I don’t know what to do. I’ve contacted my local SSA and haven’t much luck. I was hurt in 2015 and was left disabled. I received TDI through my company’s insurance for 3 months, during that time I haven’t received any SSI or SSDI benefits. Once I was approved a year later they told me that I owed because I was receiving Workers Comp and that my benefits were going to be lowered to $275. I filed a reconsideration and provided proof that I have not received workers comp, and also a letter from the TDI Company stating that I have not received any benefits from them since 2014. This was last year in August when I filed a reconsideration and I am waiting to hear anything from SSA, but all they tell me is that it’s out of their hands and I need to wait for the SSA payment center to do something. I don’t know what else to do, and no one will help me. I really need my benefit amount to go back to what it was, because ever since it was lowered, my financial status was depleted a great deal. Could you please advise me on what I should do, because I’m not getting any communication from SSA

    • Tiale Kiah says:

      I made a mistake…I was hurt on May 2014.

    • Kay Derochie says:

      Dear Tiale,

      If you have not received a decision by the end of February, I suggest contacting your congressperson’s office to see whether they will follow up with the payment center.

      Sincerely,
      Kay

  15. Martin says:

    Hello Kay, I have a question concerning a WC settlement that I received from my employers insurance company. I signed an agreement without understanding what I was signing,that upon receiving the award,i could not file for SS disability or SS for 30 months. The award will leave me enough money to last about 24 months of regular living expenses. Do I have to live with this agreement? Is there anything I can do to get around this? I feel like my rights have been stripped away from me. It’s down right mean of them to do this.
    I had the accident at work in Feb 2014 and settled the award with my attorney in April of 2015.
    I have not looked for work because of my back injury and I also have up to 75% hearing loss in both ears. Need advice please.

    • Martin says:

      I should have also mentioned that I was 61 at the time of the accident and I am now 62YsO. Also, the accident happened in California and I have since moved to Georgia where it is much more affordable. Thank you for your help.

    • Kay Derochie says:

      Dear Martin,

      I suggest that you look at the agreement to see if it says you agree not to apply for Social Security Retirement (versus disability.) My reason for suggesting this is that I have never heard of anyone being barred from applying for Social Security Disability because of receiving workers comp.

      There is a workers compensation (WC) offset against Social Security Disability because the law limits the total amount of workers compensation and Social Security that you can receive for the same period. The WC lump sum payment is prorated over a period of time prescribed by law, meaning it does not count all in the month received, but is spread out usually according to what the weekly rate would be if you had been paid incrementally. During the months the proration covers, the maximum you can receive between the two benefits, workers comp and Social Security, 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 for Social Security with workers comp offset, you can contact SSA for information about how your average current earnings were calculated.

      I suggest that you get legal advice about the agreement and also talk to a claims representative (not a service representative) because I am not sure that a private agreement can restrict a person’s right to claim an earned benefit for which you paid taxes–whether it is disability or retirement.

      Sincerely,
      Kay

  16. Timothy Dearman says:

    I received a one time lump some wc settlement a few years before was approved by disability. I had no idea that when I received back pay from ssd that they would take half my benefits for thirty eight years, shouldn’t the disability lawyer have told me I would be penalized and how can I recover my full benefits because I’ll losing my hi me and can’t pay bills,I used the comp to buy a home and pay medical bills can’t live on 650$ a month what’s your advice

    • Kay Derochie says:

      Dear Timothy,

      The lump sum workers compensation is prorated out into the future and there is a limit between the amount of Social Security and workers compensation you can receive for a month including the prorated amount (even if it is already spend). The one thing you can do is request a written statement of how the proration was figured and the offset calculated. That will allow you to be sure that correct facts were used (specifically the correct amount of lump sum).

      You may qualify for Supplemental Security Income (SSI) benefits to supplement your Social Security because typically SSI counts money actually received in a month. I suggest that you file an application at your local Social Security office to find out.

      Sincerely,
      Kay

  17. Paula says:

    I received a lump some payment do to a injury that happen at work in 2010 and received 29,700 lump sum may 2012. And no longer getting comp because I settled with them. And I applied for disability and just won my case for ssdi will I still get back pay beings I settled with comp almost 4 years and the settlement is gone. Will they also deduct money from me because of the workers comp settlement.

    • Kay Derochie says:

      Dear Paula,

      The lump sum settlements will be prorated out over time at a monthly rate and your Social Security paid for months that overlap with the proration will be reduced by part of the workers comp because the maximum you can receive between the two benefits is 80% of your current average earnings at disability as determined by Social Security. Be sure that Social Security has a copy for all workers comp payments you received so that your benefit is calculated correctly from the beginning.

      Sincerely,
      Kay

  18. Lisa says:

    I had a worker’s comp claim open for a year now and have a third surgery next month. My position at work was eliminated this month. Totally understood the readon. Insurance company has been good up until now, but that is straightened out now. I think. My question, my hand must be protected for 6 weeks per my surgeon therefore, I see it almost impossible that anyone would hire me knowing this. Can I get social security disability for those 6 weeks?

    • Kay Derochie says:

      Dear Lisa,

      You have to be disabled for twelve months to be eligible for Social Security Disability. If you have already been off work for a year for the same condition and it is severe enough that you cannot work in any past occupation or occupations that are new to you, you will be eligible for Social Security benefits beginning with the sixth month of disability and extending until you recover. The benefits will be reduced by your workers comp benefits but the two benefits together will likely be more than the workers comp alone. File as soon as you can because it takes two to five months for the claim to be processed.

      Sincerely,
      Kay

  19. C. Scott says:

    I’m receiving a Permanent Disability Pension from my business from W\C, and I have just won my case to receive Title 2 Disability Benefits, as well as Title 16Supplememtal Security Income… MY QUESTION is this, Can I keep both incomes or will 1 be taken from me due to what I have won thru Social Security?

    • Kay Derochie says:

      Dear Scott,

      Supplemental Security Income (SSI) will be paid for the past period since you filed your claim for any months that your workers compensation income is not too high. If SSI is paid while you get workers comp, once Social Security starts, SSI is likely to SSI will stop. You can learn more about SSI, which is a needs-based program, by reading the articles under the “SSI” tab on the navigation bar of this website.

      You can receive both workers compensation and Social Security, but the most you can receive between the two benefits is 80% of your current average earnings as determined by the Social Security Administration (SSA), so you Social Security will be offset (reduced). The eight percent amount most often is more than either benefit by itself. SSA uses different formulas to calculate average current earnings. The formula used depends on your specific circumstances. Once you have been paid, you can contact SSA for information about how your average current earnings were calculated.

      Sincerely,
      Kay

  20. Dave says:

    I have multible w/c injuries; lung damage, shoulder ( multible surgeries ) shoulder replacement due, and now herniated disc. Over the years and all deemed permanent. After shoulder and back surgery due soon can I file for SSDI while off on W/C? These surgeries well ground me from work, never to return. I still have a mortgage payment and few bills each month so any lapse in income would devastate my family

    • Kay Derochie says:

      Dear Dave,

      Yes, you can apply for and receive Social Security Disability while receiving workers compensation benefits. You can receive SSDI and workers compensation equaling eighty percent of your “current average earnings” at time of disability. This amount is determined by Social Security and usually more than either benefit alone. (Note that for the purposes of the offset, if you receive a workers compensation settlement, it will be prorated out at a monthly rate for the offset.) I suggest that you file the application promptly because it takes two to five months to process and maximum retroactivity is based on the application date.

      Sincerely,
      Kay

      Sincerely,
      Kay

  21. William says:

    I have been receiving SSDI since December 2014 and just won my hearing with WC . I know I have to report my comp income and that I will only receive 80% combined. I have already received a ck for some back pay 7/16/15 – 9/25/15 and my 1st regular check for 9/26/15- 10/9/15 . My question is there a time limit that i have to report workers comp income to ssdi ? I heard that I have 10 day after the following month that I received them . Which I received them both this month , October .

    • Kay Derochie says:

      Dear William,

      Yes, you should report by next month–preferably before the 10th. You will need to present a copy of the WC award papers. Don’t spend the “duplicate” benefits until Social Security calculates the amount of your overpayment and you know how much you will need to repay. The 80% lid that you refer to is 80% of your “average current earnings” as determined by Social Security and may not be the same as your last rate of pay.

      Sincerely,
      Kay

      Sincerely,
      Kay

      • William says:

        How will they make me repay it ? All at once ? Or will they take so much off every month till its payed back ?

        • Kay Derochie says:

          Dear William,

          You will be expected to repay all at once because you have the funds available in the lump sum from workers comp.

          Sincerely,
          Kay

      • ANTHONY says:

        What does social security consider your average current earnings.is that what you have paid social security taxes on or your yearly gross pay.Thank you,Anthony

        • Kay Derochie says:

          Dear Anthony,

          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

  22. Ken says:

    My mom got a letter from SSi asking if she recive WC she Never got checks from them will they give her more money ? Only get 1000 a month she was making that in a week when she was working

    • Kay Derochie says:

      Dear Ken,

      The Social Security Administrations’s inquiry was to find out whether your mother’s Social Security Disability (SSDI) should be reduced because of workers compensation paid for the same period. The fact that she didn’t get workers compensation means that she will get her full SSDI rather than having it reduced.

      Sincerely,
      Kay

  23. Junior Colon says:

    I have been collecting workers comp for nearly 5 years do to two knee replacements on same knee over the last 4.5 years. I’m still having major complications. I applied for SSD over 4 years ago and now I’m on the fourth stage do to being denied? If SSD approves me, will I recieve back pay from SSD or will it be offset because of worker and comp?

    • Kay Derochie says:

      Dear Junior,

      You can receive Social Security Disability (SSDI) and workers compensation that together equal eighty percent of your current average earnings (as determined by Social Security) at time of disability. Accordingly, you will probably receive some SSDI back pay, but it will be offset (reduced) by the workers comp.

      Sincerely,
      Kay

  24. Brenda says:

    I have been involved in a WC case (for last injury) since 2009. I have not received any money from work comp as they have delayed and denied me all the way. Going to court next month..FINALLY. I applied for Industrial disability back in March of this year and will be seeing the IME for Calpers next month. There may or may not be a settlement. I was given a 35% disability rating which my doctor and lawyer think are low. I will be down to only allowed to work no more than 4 hours a day, no extended standing, walking or sitting during this time. Allowed to stand as often as needed to relieve pain. I am currently receiving partial SDI payments for the lost hours. I have difficulty walking any distance and sitting more than 5/10 minutes at a time.
    Questions:
    Should I apply for SSDI (weather granted the disablity retirement or not) and if so, when?
    If I get a settlement prior to applying for SSDI, and if accepted, will there be an offset?
    Even though it took so many years, I take it that they will still apply an offset because I received it during the pending application time?
    Will my Calpers Industrial Disability Retirement affect any SSDI ?

    • Brenda says:

      Edit to my post…not 2009. It should read 2006

    • Kay Derochie says:

      Dear Brenda,

      I recommend applying for all benefits possible to get formal determinations. If you are approved for Social Security Disability (SSDI) after you are approved for workers compensation (either monthly benefits or a settlement), your SSDI will be reduced. If you are approved for SSDI and then get workers comp, you will be overpaid SSDI and will need to use part of your workers comp award to repay the overpayment. Either way, SSDI and workers comp together will be more than either one alone. Plus, eventually the proration of the workers comp settlement will run out and your Social Security will be increased.

      If your work earnings under California PERS were taxed for Social Security, your PERS benefit will not reduce your Social Security. If the earnings were not taxed for Social Security, your Social Security will be reduced for a public pension offset, but again benefits from the two will be more than either alone.

      Sincerely,
      Kay

      • Brenda says:

        Thank you for the information. To make one point clear to me….My Pers will NOT affect SSDI? Only the WC is counted against SSDI? (yes..I pay into SSI).
        Meaning, SSDI and WC together cannot be more than 80% of gross?

        • Brenda says:

          One more question. If I get a wc settlement and continue to work (part time right now) another year or so, will it still affect SDI?

          • Brenda says:

            They need an edit button on here =).
            I hate to be a bother but, I am trying to make sure I understand all of this before I make any decisions.
            I was injured in 2006 and any money I get would be from that date of injury. I have not applied for nor received SDI for that period of time. If I apply for SDI today, than any settlement I get would cause an offset of SDI? What about the past years I would be paid for while not on SDI. It would still count against and SDI?
            Say someone worked for several years and had a WC claim. It gets settled and that person gets a lump sum and then monthly payments for the future (either one or both). A year later, they apply and get SDI.(You know that money will already have been spent pulling that person out of the financial hole WC put them in) All of the settlement will count against SDI no matter what? Even if the person was not getting or entitled to SDI for those years of the WC claim? You can email me answers if you wish.
            Just trying to wrap my head around all of this. I am 52 with multiple body part injuries from to work injuries.

          • Kay Derochie says:

            Dear Brenda,

            Please see my previous responses. The workers comp (WC) offset applies to all months that WC overlaps with Social Security Disability (SSDI) including all months that it overlaps due to prorating a settlement. If the proration of a past settlement extends into the future far enough to overlap with SSDI months, there will be an offset. (Note that SSDI pays a maximum of twelve months prior to the month of application so if you have been off work for more than seventeen months, you could lose benefits by delaying your application.)

            Sincerely,
            Kay

          • Kay Derochie says:

            Dear Brenda,

            If you are earning under $1,090 gross per month, you work earnings will not affect your Social Security SSDI eligibility. Social Security has several work incentives Continued work over that amount is handled as described in Social Security’s Red Book, which you can request from a local office or view online at http://www.ssa.gov.

            Sincerely,
            Kay

        • Kay Derochie says:

          Dear Brenda,

          Right, if you paid Social Security taxes on the wages that qualify you for a PERS disability retirement, the PERS will not affect your Social Security Disability (SSDI) benefits. And, yes, the SSDI and workers comp cannot exceed 80% of your current average earnings as defined by Social Security law. 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 are calculated.

          Sincerely,
          Kay

  25. rich says:

    I’m getting wc now I’m 65 when should I apply for ssi I’ll be 66 in Oct I. Don’t want to make a mistake thanks

    • Kay Derochie says:

      Dear Rich,

      You can apply for Social Security retirement to become effective October 2015 as early as July 1. Be sure to specify that you want benefits to begin at full retirement age. To my knowledge, there is not workers comp offset against Social Security retirement benefits; however, you should double check this with the Social Security Administration.

      Sincerely,
      Kay

  26. carmen says:

    My mother is currently retired and receiving survivors benefits. She received a letter asking whether or not she was receiving a workers comp claim benefits between December 2000-December 2010….not sure why. She filed a case back around 1997 due to a knee injury. I was able find some documents that state she was injured in 1997 and the case was settled around January 2000. Not sure what to do. I cannot find all the settlement papers. I don’t know if the lump sum was prorated, how long, etc? Can SSA really wait this long to request information? She is 67 years old.

    • Kay Derochie says:

      Dear Carmen,

      Social Security can investigate new information whenever it comes to them. However, to my understanding, workers compensation benefits do not affect benefits based on age. If your mother received disability benefits on her own earnings record on as a disabled widow prior to reaching full retirement age, then having received workers comp could affect the amount of disability benefits she was eligible to receive. If she did receive disability benefits, I suggest that your mother contact the workers comp office and request a statement regarding the benefits that she received or a copy of all the award correspondence.

      Sincerely,
      Kay

  27. Kevin says:

    I have a difficult question. I am receiving WC benefits every 2 weeks and awaiting a final settlement at some point. I applied for SSDI and was awarded that 4/2015. The SSDI Award letter states that my present WC payments do not affect my Social Security benefits.
    I started a PT job last week (10-15 hrs/week at $8.00/hr), which I reported to SSDI. I will be receiving a temp-partial check from WC to put my wage close to what I was making before I was injured. How will this unearned income affect my SSDI?

    • Kay Derochie says:

      Dear Kevin,

      Because your work earnings are below $1,090 monthly, the work will probably not be considered substantial and the amount is low enough that it will not use up one of your nine Trial Work Period months. You do need to report the work, but it probably will not affect your benefits because it is not substantial gainful activity. Currently, it is not affect your benefits. You can get information about Social Security work incentives at http://www.ssa.gov. Look for the “Red Book.”

      Usually workers comp reduces Social Security benefits; however, it is possible that your Social Security has not been reduced because your workers comp and your Social Security benefits together do not exceed 80% of your average current earnings as determined by the Social Security Administration. Be sure to report when you get the settlement so that SSA can determine whether the settlement causes any offset.

      Sincerely,
      Kay

      • Kevin says:

        Thank you for your help, but I am still wondering about Temp. Partial payments from WC that will be paid to me at a percentage, adding to my existing pay from my PT job. Do you think this will affect my Disability?

        • Kay Derochie says:

          Dear Kevin,

          I gave as full an explanation of the effect of work and workers compensation in my response to your previous posting. I suggest that you talk with the Social Security Administration. Perhaps talking in person would help make the matter clearer to you.

          Sincerely,
          Kay

  28. Kan says:

    Dear Kay,
    Thank you for the information and you quick response!
    I think I didn’t explain that his company is discontinuing the workman’s comp, as they say he’s reached his maximum function regarding that. And it’s now clear he cannot return to work not only due to the repercussions of the on the job fall, but also due to the subsequent MS progression and stroke he had.

    So we are now applying for social security disability. The ssd form is confusing when it asks what his wages for the prior year were?
    Well, they’re not his usual wage, as the past year he has been off due to the on the job fall, leg fracture, surgeries, etc. And he’s been on Workman’s Compensation the entire last 12 months.

    Now that the workman’s comp is being discontinued, we are not only losing the workman’s comp income, but our medical insurance as well; since he’s not able to return to work.

    Again, thank you for your time.
    Regards,
    Kan

    • Kay Derochie says:

      Dear Kan,

      On the application, your brother should put zero for 2014 wages if he did not work in 2014. There is another question on the application that asks about workers compensation (WC) and he should list the workers compensation that he has gotten. He may be eligible for permanent partial WC benefits if has limitations related to his leg on an ongoing basis. If he receives permanent partial WC or a lump sum settlement of permanent benefits and is approved for Social Security, he should also report the lump sum or permanent benefits.

      With regard to health insurance, he can apply for health insurance coverage under the Affordable Care Act (Obamacare). He may be eligible for Medicaid or another insurance with government-subsidized premiums. He has to apply within sixty days of his insurance ending; otherwise, he will not be able to enroll until the open enrollment period at the end of the year. You can get more information at http://www.healthcare.gov.

      Sincerely,
      Kay

    • Ganete says:

      Hello,
      I just received the approval for my SSDI and they want a proof that workers compensation stopped paying me. I had a settlement with worker compensation last January 2015 since then I have not received any workers compensation. What kind of proof do I need to send to the SSDI? Would my sum lump that I deposited in my saving form my settlement affect my SSDI benefits?

      • Kay Derochie says:

        Dear Ganete,

        Submit a copy of the workers compensation settlement papers that describe the amount paid and the terms of the payment.

        Sincerely,
        Kay

  29. Rusty says:

    I get SSDISABILITY, I got a part time job, an sub stained a 4 back injury. S.s says there will be a medical off set for future medicals, how is this offset calculated? I can tell you this will be my last surgery no more. What will happen to the offset money of its never used by me?the offset is a substantial amount.

    • Kay Derochie says:

      Dear Rusty,

      I am not sure I do not understand your situation but I am guessing that you had an injury in your part-time job and that you are getting workers compensation. If that is the case, your Social Security will likely be offset (reduced) by part of the workers compensation that you received. This is true because 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. You can contact SSA for information about how your average current earnings were calculated.

      Sincerely,
      Kay

  30. Kan says:

    Hello,
    My husband has Multiple Sclerosis and Addisons disease. He was working full time until 1 year ago when he fell at work and broke his leg. He has subsequently had 2 surgeries on that leg, and 6 days after the last surgery, he had a stroke.

    He had been hoping to return to work, however now that he’s had a stroke, and his MS has been reclassified from Relapsing-remitting to secondary-progressive along with all of his mental and physical limitations, he will not be able to return to work.
    He’d been receiving Workman’s Comp since the fall. My question is regarding how that affects his application for social security disability?
    Technically he’s been unable to work for the last 12 month. However, he’s been receiving Workman’s Compensation.
    And the fall at work is what initially started him being unable to work, but it’s now his progressive MS along with a stroke that is making him unable to return to work.
    Any suggestions would be much appreciated.
    Regards,
    Kan

    • Kay Derochie says:

      Dear Kan,

      Your husband can be eligible for both Social Security Disability (SSD) and workers compensation (WC.) If approved for both, he will receive both; however, his Social Security may be reduced. because there is a workers compensation (WC) offset against Social Security. The maximum he can receive between the two benefits is 80% of his average current earnings. The Social Security Administration (SSA) uses different formulas to calculate average current earnings. The formula used depends on the specific circumstances. If your husband is approved, he can contact SSA for information about how your average current earnings were calculated.

      Sincerely,
      Kay

  31. Gina says:

    I was awarded ssi disability eff. 3/12. I had wc until 4/14.
    Can ss take out the same amount for my claim as my daughters?

    Ex. I was elig for 1,000.00 but wc paid me 500.00. So I am only receiving 50.00 until 4/14 then as of 5/14 I will receive the full 1,000 from ss.
    My daughters check amount is 500.00/month, ss is deducting my 500.00 from my wc case once against my check and also against my daughters check until 4-14.

    Is this an allowable practice?

    • Kay Derochie says:

      Dear Gina,

      Usually workers compensation offset is applied to the Social Security dependent’s benefits first; and if the dependent’s benefits are not high enough to cover the full offset, then the balance is offset against the worker’s (your) benefit. If your benefits started before your daughter’s, the offset may have been applied to your benefit first and then switched to your daughter’s. Another possibility is that an error has been made. I suggest that you request a letter that shows the calculation of how much has to be offset total per month. If more than that has been withheld from your and your daughter’s benefit in the same month, you can appeal the calculation and/or the application of the offset. Be sure to appeal within sixty days of the first letter telling you about the offset against both benefits.

      Sincerely,
      Kay

  32. Audra Smith says:

    My husband of two years received disability back pay in 2014 and receives a monthly check as well. I make $65,000 so he has to pay taxes on the monthly disability as well as the back pay.

    Can the back pay be prorated and him only pay taxes on 2 years worth of back pay since we have only been married that long. The majority of his back pay represents a time in which he was single.

    OR does it not matter because he received the amount when we were married. ??

    Thanks so much. His accountant didn’t know answer nor did he attempt to find out.

    • Kay Derochie says:

      Dear Audra,

      I cannot answer this tax question for you. I suggest that your husband contact the IRS or consult with another certified tax accountant.

      Sincerely,
      Kay

  33. Donna T says:

    I got hurt in 10/14. I am on worker comp at this time. I am awarded SSDI in 05/15. But because I make more on worker comp, $40 more. They are not giving me anything until workers comp stops sending funds. Now, i applied for SSDI in 6/12. But was denied. But they said there only going back to when I first applied in 10/14. Do I still get lump sum when worker comp stops?

    • Kay Derochie says:

      Dear Donna,

      If I understand your situation correctly, you will not receive a lump sum retroactive Social Security Disability benefit when your workers comp ends because you are not eligible for benefits in months while workers comp is payable. If you receive a permanent partial disability lump sum payment when your workers comp monthly payments end, it will be prorated into the future and may reduce ongoing Social Security benefits.

      Sincerely,
      Kay

  34. lara says:

    Question, I was just approved for ssi , I was injured 1/1/12 wc settled lump sum for $ 31,000.00 in 8/1/2012,, , I was also getting state disability 3/1/2012 -10/1/2012, $ 1,400.00 per month,, we bought a house on 12/1/2012, they are trying to figure how much I would be getting in back pay,, I honestly don’t think I will get any back pay, what do you think?

    • Kay Derochie says:

      Dear Lara,

      Please confirm that you were approved for SSI (Supplemental Security Income), not SSDI (Social Security Disability) or both. If you were approved for SSI, tell me how much of the lump sum you had left after buying the house. With this information, I may be able to offer an opinion about back pay.

      Sincerely,
      Kay

  35. Dametra says:

    My husband gets ssi benefits. He is going to be getting a payout soon. My husbands lawyer said we have 30 days to spend the payout or ssi will take the money. The lawyer said we cannot spend it on just anything. We were told that out of the payout we can buy a car since we do not own one and ssi can not hold that part of the money against his monthly ssi payments. The lawyer said we can buy burial plots up to 1500.00 each and ssi cannot hold that part of the money against his monthly payments. Also his lawyer said we can purchase life insurance with his payout and it will not go against his monthly benefit as long as we do it within a 30 day window of the day we receive the large sum payout. Are these hidden laws? The lawyer says there is a detailed list. We are allowed to purchase one piece of land per couple and we are allowed to have 3000.00 left over and ssi cannot take it and the monthly payments cannot be altered. Can I be sent a copy of these rules and regulations as to our financial rights to these matters. I will be going to the social security office to check on this matter further to help our planning process. Thank you

    • Dametra says:

      we are in california if that helps you give me the answer

    • Kay Derochie says:

      Dear Dametra,

      You do not say what the “payout” is. If it is Social Security or SSI back pay, your husband has nine months to spend down to the $3,000 countable resource level. If the payout is from some other source, it will count as income in the month that it is received and he will be ineligible that month (assuming the amount is more than $753). Then if you and he has assets over the $3,000 on the first of the following month, he will not be eligible that month. He will become eligible again the first of the month after his assets drop to $3,000 again. It is true that some assets are not countable; however, “one piece of land each” is not one of them. Your husband could buy a property and live on the property and that property would not be a countable resource. One non-luxury vehicle is excludable and certain life insurance policies. You can find a list of excludable resources at http://www.socialsecurity.gov/OACT/ssir/SSI11/Exclusions.html

      Sincerely,
      Kay

  36. Barbara O says:

    Thank you Ky. I wont hold you to your answer. I know it is complicated.SSDI started 1989 stopped a couple times due to work and was reinstated after injury bc I stopped working altogether. But REINSTATED not a new application.

    • Kay Derochie says:

      Dear Barbara,

      Workers compensation offset will apply for any months that you received Social Security after the 2008 accident.

      Sincerely,
      Kay

  37. Barbara O says:

    Sorry Kay ,clarification my 80% was 801 aww, paid the highest max.

  38. Barbara O says:

    I have received a lump sum on a workers comp case for an aggravation of a previously compensated covered disability .
    DETAILS
    I received SSDI in 1989 for bilateral congenital hips. Worked for many years later. Had an injury to one hip. Now lump sum of 300 K , I am 50 and would like to know if it was an aggravation of a partial previous disability will they still offset ? Does the 80% rule apply or may apply?

    • Kay Derochie says:

      Dear Barbara,

      Please provide some clarifying information; then perhaps I will be able to respond.
      1. Are you still receiving SSDI? If not, when did it end?
      2. When did the WC injury for which you are being compensated occur?

      Thank you,
      Kay

      • Barbara O says:

        Thank you so much. Yes on ssdi and the wc injury occurred on 2008.my average weekly was the highest for that year, my life expectancy is 85 according to ssa.gov amount compensation is 335k.

        • Kay Derochie says:

          Dear Barbara,

          What do you mean by “yes on SSDI”? If you mean your SSDI stopped, please give me the approximate year it stopped so I can respond.

          Sincerely,

          Kay

  39. Bill says:

    My name is bill, I was injured at my job 1n 1999 I was denied work comp they protested it. I was off work almost 2 years with no income living off credit cards in 2000 I applied for permanent disability and was awarded it in late 2000. work comp settled one lump sum 25,000 for my injury in 2001 and now 15 years later social security send me a letter for work comp public disability and what do I say to them. when I filled it out I mis-read it and did not understand it and checked no to the boxes that were supposed to be checked yes. not only that i got a new set and did a amended version of it telling them I have received a lump sum, I could not remember 15 days ago let alone 15 years ago what is up with this. I need some advice on what to do……. I worked all my life and had the credits for full disability and was awarded back pay. I feel robbed being off a job that paid me 40,000 a year for two years and I get 25,000 for two years that is nothing but I was desperate and took it. This happened 15 years ago, can you shed some light on this of what and how should I mail this correct info to them.
    Thanks
    Bill

    • Kay Derochie says:

      Dear Bill,

      When you got the lump sum workers compensation settlement, you should have reported it to Social Security because there is a limit to the amount that you can receive between Social Security Disability and workers comp. Between the two, you can receive up to 80% of your “current average earnings”(as determined by Social Security) at the time of disability onset. Lump sum settlements are prorated and charged to the number of months that the proration covers. If your prorated workers comp and Social Security exceeded 80% in some months, you are overpaid Social Security. Yes, what you need to do now is correctly report to Social Security the amount you received and when it was received, at least approximately. If you still have the paperwork on the settlement, submit a copy of the settlement papers; otherwise, provide the contact information for the agency that paid it. It will probably take several months for information to be processed.

      Sincerely,
      Kay

  40. janie says:

    My husband was on wc for 3 years. During that time he applied for ssdi. Initially he was denied. The WC was settled and a lump sum amount was received in August of 2011. In December of 2011 the ss judge gave my husband a fully favorable decision and gave the date of disability only back to august 2011. Because his case had settled by the time we went to court and we submitted the paperwork at court we thought this was taken into account on his monthly payment. We kept getting 1099s with the offset and kept questioning it with irs and ssa. We couldn’t get a straight answer for years. I finally figured out in September of 2014 that ssa thought my husband was still receiving weekly benefits. They had even sent a letter in march of 2012 asking if he was receiving it. We sent the letter back with documentation of the settlement. We went to the local office in September 2014 with documentation of the lump sum settlement and we were told we would hear back in 30 to 60 days. We went again this week. Finally we got a great guy at the office. He told us we would get our full benefit amount and that he sees the paperwork that had been submitted but doesn’t know why it’s not correct in the system. He also is getting us corrected 1099s fir the past 3 years because it was not received. Now my question is is my husband eligible for back pay due to this mistake?

    • Kay Derochie says:

      Dear Janie,

      Usually lump sum settlements are prorated out at weekly rate and charged against Social Security Disability until the prorated time runs out. Therefore, I am a bit surprised about the information from the representative, which indicated that the lump sum wouldn’t reduce benefits. That said, I am responding to general information with general information. You might want to ask the basic question of whether Social Security is offset for lump sum workers comp settlements. In any event, it can take many months for the offset to be refigured.

      Sincerely,
      Kay

  41. Leez says:

    I got hurt on my job in 2012 I hurt my back WC was paying my benefits until one of there dr’s misdiagnosed me I hurt my back I can barely walk and I walk with a cane my benefits stoped ended up losing my job because of my restrictions had no job no income no insurance had to get a lawyer he then advised me to apply for unemployment had to get a dr’s note to get that I’ve been fighting with workmans comp for the past 2 years to get my WC they keep sending me to different doctors but they won’t pay me what they owe me my lawyer has been to court so many times and its always something else WC and the judge want me to do where and who can I speak to about my situtation I think its unfair I’m losing everything I own because I don’t have an income I’ve applied for disabilty social security everything and I haven’t heard from anywhere yet I think its unfair how I’m being treated other than my lawyer who can I talk to about my situation please help

    • Kay Derochie says:

      Dear Leez,

      Unfortunately, I am not an expert on workers’ compensation, so I can’t provide any guidance.

      Sincerely,
      Kay

  42. Adam Rodriguez says:

    CAN I STILL GET BACK PAY FROM SOCIAL SECURITY IF IM GETTING PAYED WORKERS COMP

    • Kay Derochie says:

      Dear Adam,

      You can receive Social Security Disability (SSD) back pay while getting workers compensation. If your total SSD and workers comp is more than 80% of your current average earnings as determined by Social Security in any month, your SSD will be reduce for that month.

      Sincerely,
      Kay

  43. Roshanda Williams says:

    I’ve been off work for one year, trying to get my SSI disability, I can’t hardly walk I have lower back pain chronic, I have in my L4 and L5 I have stage 4 tears, also S1, I also have arthritis in my back, I have Bilateral primary Osteoarthritis of both knees, also carpal tunnel syndrome in both hands, and I’m on some very strong medication, I take blood pressure medication 100 mas every morning,morphine 60 mgs.a day, also flexural 30mg a day, and they still haven’t contacted me yet it’s almost one year, what could I do to help with the situation. …

    • Kay Derochie says:

      Dear Roshanda,

      If you have not received a decision on your original claim, it is possible that it has been denied and the notice didn’t reach you or that somehow it fell out of Social Security’s tracking system and it is still pending. The first step is to call Social Security at 1-800-772-1213 to find out if your claim is still pending. If it is, say that you want to contact the Disability Determination Services to be sure it has not fallen below their radar. Ask for the DDS’s phone number. If the call center doesn’t have it, get it form your local Social Security office. Then call the DDS and ask to speak to the examiner assigned to your claim. Once you do, ask what they need to complete the claim review and point out the length of time it has been pending.

      If your claim has been denied. Immediately go to your local Social Security office and file an appeal. On the appeal, request that the appeal be accepted because you didn’t know you were denied until you called and give them the date. I also recommend that you hire a Social Security attorney. You do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge and the Social Security Administration pays the attorney directly from the retroactive award at the time it sends your back pay to you. So, it’s all very easy and risk-free.

      Sincerely,
      Kay

      Sincerely

  44. Delia says:

    If I’m getting $1300 workers comp and $500 SSD, will my husband gets half of$500 or half of $1800

    • Kay Derochie says:

      Dear Delia,

      If your husband is eligible for dependent benefits related to your Social Security Disability benefits, his benefit will be based on your unreduced Social Security before offsets. Usually workers compensation offset against Social Security Disability benefits is applied to dependent benefits first; so when the dependent benefits are set up for payment, they may be withheld and the offset against your benefits reduced or stopped.

      Sincerely,
      Kay

  45. 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

  46. 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

  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. Lana says:

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

  49. 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

  50. 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

  51. 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

  52. 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

  53. 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

  54. 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

  55. 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

  56. 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

  57. 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

  58. 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

  59. 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

  60. 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

  61. 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

  62. 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

  63. 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

  64. 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

  65. 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

  66. 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

  67. 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

  68. 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

  69. 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

  70. 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

  71. 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

  72. 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

  73. 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 .

  74. 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

  75. 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

  76. 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

  77. 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

  78. 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

  79. 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

  80. 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

  81. 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

  82. 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

  83. 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

  84. 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

  85. 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

  86. 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

  87. 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

  88. 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

  89. 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. :(

  90. 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

  91. 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

  92. 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 experienced Social Security attorney help you draft your original application. 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

  93. 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 with an experienced Social Security attorney.

      Best wishes with your claim.

      Kay

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>