Workers' Compensation Attorney
SSD and Workers' Compensation
Social Security Disability (SSD) benefits are not impacted by payments from privately owned parties as well as pensions or insurance funds. Workers' compensation and other public benefits may lower payments.
A worker is paid workers' compensation benefits due to a job-related injury or illness. Payments may come from employers, insurance companies, or federal or state workers' compensation agencies. Other government payments that may impact your Social Security benefits could come from federal, state, or local municipalities for debilitating medical conditions which are not pertaining to work. For example: state temporary disability benefits, civil service disability benefits, and municipal or state government retirement payments that are due to disability. You're also obligated to immediately inform the SSA office if you receive a lump-sum disability payment of any kind through from a public source, including workers' compensation.
Government payments that will not impact your SSD benefits:
- State and local government benefits (if Social Security taxes were taken from your income)
- Veterans Administration payments
- Supplemental Security Income (SSI)
Determining the Reduction
The sum of any and all Social Security disability benefits, government disability benefits, and workers' compensation may not surpass 80 percent of your average income prior to filing. So your monthly benefits, including those paid to members of your family, are totaled with your workers' compensation and any additional government disability benefits. If the sum exceeds 80 percent of your average calculated income, the left over amount is taken out of your SSD.
Calculating your Earnings
The SSA uses several methods to come up with your calculated average income, decided by your specific circumstances. Contact your local office for details regarding how your income will be processed. It's also very crucial that you let the SSA know immediately if the amounts of any relevant payments that you receive change or stop. Any alteration in the amount of these benefits is likely to impact the total of your SSD benefits.
For example, if your current calculated monthly income prior to SSD filing was $4000, you and your family would be permitted to receive a sum of $2,200 each month in SSD benefits. But if you also get $2000 a month from workers' compensation, the sum you would net each month would be over 80 percent of your current earnings ($3200). In that case, your SSD benefits would be diminished by $1000. This reduction would occur until you reach 65 years of age, or other benefits stop.
Legal Guidance
There are many factors at play in calculating your total SSD payments and it's critical to ensure they're all added up correctly so that you receive the proper amount you deserve. If you are filing for SSD benefits, Page Law will guide you through the entire process and make certain you are given the proper payment amounts to which you are entitled, as calculation accidents can result in diminished benefits. Contact the Social Security benefits lawyers at Page Law today at (314) PAGE-LAW (724-3529) for help with your SSD application.
