Social Security & Workers’ Compensation
Work-Related Claims for Social Security Disability
Yes, you can receive Social Security Disability (SSD) and workers’ compensation at the same time. They go hand in hand, particularly when dealing with severe injuries and long-term disabilities.
Your Social Security disability benefits may be reduced if you are currently receiving workers’ compensation benefits. But even with the offset, you will receive more money each month than you would from SSD alone or workers’ compensation alone.
Martin Law is one of the largest workers’ compensation firms in Pennsylvania that strictly represents injured workers. Our team has served the Philadelphia area for more than 30 years. In recent years, we created and expanded a Social Security Disability department, committed to the same quality of representation and the same level of service and compassion.
Many attorneys practicing Social Security Disability rarely consider the pros and cons of applying for disability benefits while receiving workers’ compensation benefits. BUT WE DO! Our Social Security Disability team is trained in identifying workers’ compensation issues as well as calculating potential offset issues.
View our Workers’ Compensation page if you need representation for a work injury claim.
How Much Will I Receive if I Apply for Both?
Your combined workers’ compensation and Social Security Disability benefits generally cannot exceed 80 percent of your average wages.
Still, it’s worth your while to apply for both. That extra supplement adds up to thousands of dollars a year. In calculating average wages and the offset, Social Security generally uses the formula that allows you keep the most money.
NOTE: It is crucial that you inform the Social Security Administration if you are receiving workers’ compensation benefits. If the SSA later realizes that is has been overpaying you, it will demand repayment of the excess amount! (You could also be in legal trouble for fraud.)
Returning to Work
You are not considered “permanently disabled” if you qualify for Social Security Disability. You can go back to work after receiving a disability award. In fact, Social Security encourages people to try and provides incentives to do so. If your attempt to work is unsuccessful, you can easily go back on disability.