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How to file for disability, Filing for SSI
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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, which is a separate program, although the approval process and rules for qualifying are the same as for SSD, which is also known as SSDI.

The Social Security Disability process is the same whether you receive Workers Compensation or not, and, by the same token, if you get workers comp you will get disability as long as you qualify under SSD program. 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.








Essential Questions

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Can you work while getting or applying for Disability?

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Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state



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

Can you get temporary Social Security Disability or SSI benefits?

Permanent Social Security Disability

What is the difference between Social Security Disability and SSI?

Who is eligible for SSI disability?

Can I Be Eligible For SSI And Social Security Disability At The Same Time?

What makes a person eligible to receive disability benefits?

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?









For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.