Google Screened

Will My Social Security Benefits Affect My Workers’ Compensation?

Wilmington Workers’ Compensation lawyers assist with Social Security benefit integration.When workers get hurt on the job and they are disabled to the degree where they can not return to work, they may qualify for Workers’ Compensation and Social Security Disability (SSD) payments at the same time. People who receive Worker’s Compensation as a result of a work-related injury will not likely qualify for Supplemental Security Income (SSI) benefits. SSI and SSD are both benefits from the federal government. The two programs are different in that SSI is for disabled people who have a very limited work history. Additionally, it also has a resource limit threshold; therefore, people who have more than the allowed resources will not qualify for SSI.

Often, people with a robust work history who then become disabled may be eligible for Social Security Disability. Receiving a determination on an SSD application may take over one year. Once a worker is found eligible for SSD, this amount could be offset or reduced by any amount received from Workers’ Compensation.

What Factors Will Affect an Offset to Workers’ Compensation?

An experienced Workers’ Compensation attorney who is familiar with different types of compensation benefits can often help minimize the effects of an offset. One strategy is to notify the SSD administrative law judge about the amount of the Workers’ Compensation award along with any medical bills, legal costs. and other relevant expenses, which could potentially reduce the offset. Additionally, a qualified attorney can introduce information about the worker’s life expectancy to adjust the calculation of the offset. This is often referred to as the Sciarotta Allocation, which was established by a decision in Sciarotta v. Bowen.

Workers Compensation and SSD Award Limits

A recipient’s Workers’ Compensation award and Social Security Disability award combined can not equal more than 80 percent of what the worker was earning prior to getting hurt or sick.

Workers’ Compensation can be a temporary or permanent award. Additionally, Social Security Disability is not automatically a permanent award. Recipients must demonstrate on a yearly basis that they are still disabled and are therefore still entitled to benefits. An attorney can help you understand what you are entitled to and how to proceed if you have been denied Workers’ Compensation.

Wilmington Workers’ Compensation Lawyers at McCann Dillon Jaffe & Lamb, LLC Assist Injured Workers

If you or someone you know was injured at work, or if you became sick as a result of conditions existing at your job, you may be entitled to Workers’ Compensation. You may also be entitled to a federal disability benefit in addition to Workers’ Compensation. The Wilmington Workers’ Compensation lawyers at McCann Dillon Jaffe & Lamb, LLC can assess the facts of your situation with a free consultation. Contact us online or call us at 302-888-1221 today. Located in Wilmington, Delaware, we serve clients throughout the state, including Dover, Newark, and Middletown.