Workplace accidents remain a serious issue in Illinois. Depending on the severity of the accident, a worked-related injury could keep an employee off the job for months, years, or even permanently. Injured workers are protected, in part, by the state’s workers’ compensation insurance system.
This raises an important question: Can you still apply for Social Security disability benefits while you are receiving workers’ compensation? The short answer is ‘yes’ — but an offset to your benefits may apply. Here, Harold W. Conick & Associates Ltd., explains what you need to know about how workers’ comp impacts SSDI.
Workers’ Comp Will Affect Your SSDI Benefits — But It Does Not Make You Ineligible
Under decades old amendments to federal law, Social Security disability benefits are subject to “offsets” in cases when an applicant is receiving workers’ comp or certain other types of public benefits. In other words, your SSDI benefits may be reduced, but receiving workers’ compensation does not automatically bar you from applying for Social Security disability coverage. You may still be eligible for SSDI benefits.
How Does Social Security Calculate the Offset?
As explained by the Social Security Office of Policy, Social Security representatives calculate an “offset” by first determining a worker’s “applicable limit.” Essentially, an applicable limit is the maximum total combined SSDI and workers’ comp benefits that an individual is entitled to receive under the law. The limit is the higher of the following two amounts:
1. 80 percent of the worker’s pre-disability income; or
2. The amount SSDI received by all members of an individual’s family during the first month workers’ comp was paid.
For most claimants, the maximum benefit is 80 percent of their pre-disability income. As an example, if you bring in $5,000 per month in income, your maximum allowable combined SSDI and workers’ comp benefits would be $4,000 per month. If your benefits exceed that amount, then your Social Security disability payments would be subject to an offset to bring your total benefits down to 80 percent of your pre-disability income.
An Attorney Can Help You Maximize Your Total Benefits
Navigating the Social Security disability claims process is complicated — especially if you are already receiving workers’ comp benefits. During your time of vulnerability, it is imperative you can access the full and fair benefits you deserve so you can provide financial support to yourself and your family. Our Chicagoland Social Security disability lawyer has a comprehensive understanding of the claims process. If you are a disabled employee who is currently receiving workers’ compensation, we will help you maximize your total benefits.
Contact Our Chicagoland Social Security Disability Lawyer for Immediate Assistance
At Harold W. Conick & Associates Ltd., we are tough advocates who fight tirelessly for the rights and interests of our clients. If you have questions about Social Security disability benefits and workers’ compensation benefits, we can help. For a free, no obligation consultation, please contact us today. We handle SSDI claims throughout Chicagoland.