Overview of Disability

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How long do cases take?

How to win Disability

SSD Mistakes to avoid

Disability for Mental

What if you get denied?

How to file Appeals

Disability through SSA

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Disability for Children

How do I qualify for it?

Working and Disability

Disability Award Notice

Disability Lawyer Q&A

Disability Conditions List

What is a disability?

Your Medical Evidence

Filing for your Disability

Disability Eligibility

SSD SSI Definitions

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SSDRC Disability Blog

If You Get Workers Comp, Will You Get Disability From Social Security?

If you are receiving workers compensation, there is nothing preventing you from getting Social Security disability. However, it could affect your ability to get SSI disability benefits.

The Social Security disability process is the same whether you receive Workers Compensation or not. This means that your disability claim is sent by the social security office where you filed your claim to the state disability agency for a medical disability determination (in most states, this state-level agency is called DDS, which stands for disability determination services). At this agency, your medical records and work history are evaluated to see if you meet the social security definition of disability.

If you are medically approved for disability--meaning that your condition is A) severe, B) considered to last at least 12 months or more, and C) is thought to prevent you from engaging in work activity that pays a substantial and gainful income--then you may be able to receive monthly disability benefits.

So how does Workers Compensation affect Social Security disability and SSI disability? When you apply for disability, a claims representative will get your Workers Comp information as part of their disability interview. They will ask you if you are receiving weekly benefits and/or if you have received any kind of settlement payment. If you are receiving Workers Compensation, you will be asked the amount of your weekly benefit. This is true for both Social Security disability and SSI disability. However, Workers Compensation affects Social Security disability and SSI disability differently.

SSI is a need-based disability program and therefore it is subject to income and asset limits. If your total monthly Workers Compensation benefits are more than the maximum SSI disability monthly payment amount, then your SSI claim will be denied due to excess income. Or, your SSI disability claim may be denied on the basis of excess resources if you have received a lump sum Workers Comp settlement.

While Workers Compensation benefits do not cause your Social Security disability claim to be denied, it does affect the amount of your monthly Social Security disability payment. There is an offset applied to your Social Security disability benefit if you are receiving Workers Compensation. The offset is not a dollar for dollar offset, but it does lessen the monthly amount of Social Security you receive.

If you receive a Workers Compensation settlement, your social security lawyer usually will include a “clincher” statement that prorates the settlement over your lifetime. The statement allows Social Security to pay you a higher monthly disability benefit even though you have received a lump sum Workers Compensation settlement payment. If your attorney does not include the clincher statement, or you settle without the benefit of an attorney, the settlement could potentially cause an offset that would prevent you from receiving monthly disability payments for months or even years.

Return to:  Social Security Disability Resource Center, or read answers to Questions

Related pages:

If you do not have a significant earnings history, can you be eligible for disability payments?
SSI disability when you share household expenses
Receiving SSDI payments and working below the Social Security SGA limit
If You Get Workers Comp, Will You Get Disability From Social Security?
What Income Will Affect Your Disability Benefits? (Workers Compensation, Wages etc)
When a person that has been receiving SSD monthly payments dies, how is the last payment made?
Will working part-time affect my SSD?
What is the specific amount you can earn on Social Security Disability?

Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI

These pages answer some of the most basic questions for individuals who are considering filing a claim.

Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria