How Does Workers Comp Affect Social Security Disability in Cincinnati?

Ohio attorneys skilled in Social Security law work on your behalf

You can apply for Social Security Disability benefits even if you are collecting workers compensation. An experienced disability lawyer can help you figure out the various disability benefits to apply for based on your specific situation. At Clements, Taylor, Butkovich & Cohen, L.P.A., Co., our SSDI lawyers understand the full range of benefits available and work with you to obtain the maximum amount from various disability programs.

Workers comp can reduce the amount of your Social Security Disability

Workers compensation supports workers who are injured on the job and expected to return to work in a relatively short period of time. If you collect workers compensation or other public disability benefits, it may reduce the amount of Social Security Disability (SSD) payments you receive. The basic rule is that the total amount of benefits you receive from workers compensation and SSD combined cannot exceed 80 percent of your average earnings before you became disabled.

When calculating the total benefits you receive, any Social Security Disability paid to your family members is also included. Payments not included in the calculation include Veterans Benefits Administration awards, state and local government benefits (as long as Social Security taxes were deducted from your earnings), and Supplemental Security Income (SSI).

Here’s an example to demonstrate the 80 percent rule, based on information provided by the U.S. Social Security Administration. Let’s assume your average current earnings were $4,000 per month before you became disabled. You would be eligible for $2,200 per month in Social Security Disability for yourself, your spouse and two children. But if you also receive $1,500 per month in workers compensation, your total benefits ($3,700) would be more than 80 percent of your average current earnings ($4,000). As a result, your family’s Social Security benefits would be reduced by $500 per month so that your total benefits equal no more than 80 percent of your average earnings before becoming disabled.

Your Social Security Disability payments may also be affected if you receive a lump sum payment from workers compensation. The attorneys at Clements, Taylor, Butkovich & Cohen, L.P.A., Co. advise you on these issues and help you navigate the tricky waters of disability law.

Notify Social Security if your workers compensation changes

We work to make sure that you receive all the disability benefits you are eligible to. If the 80 percent rule limits your Social Security Disability, it’s important to notify Social Security when your workers compensation benefits change or end. If your workers comp is reduced or ends, your Social Security Disability benefits can be increased.

Contact one of our knowledgeable Cincinnati, OH attorneys to maximize your benefits

If you’re seeking government assistance while you’re disabled, don’t risk the possibility of being denied benefits. The Social Security Disability lawyers in the Cincinnati office of Clements, Taylor, Butkovich & Cohen, L.P.A., Co. can assist you with determining your eligibility for disability programs offered through the U.S. Social Security Administration. Contact one of our social security lawyers at 513.721.6500 or online.