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OHIO’S INJURY & SOCIAL SECURITY DISABILITY FIRM Workers' Compensation - Social Security Disability - Personal Injury

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Alert! Social Security and Ohio Workers' Compensation Benefits Are Not Mutually Exclusive.

June 18, 2016 by Robert L. Heller

Are you currently receiving Ohio workers’ compensation benefits, especially temporary total or permanent total benefits?If so, we’d like to advise you of some important considerations.

Please note:

  • If you are receiving Ohio workers’ compensation temporary total disability and elect to start receiving Social Security retirement benefits, your workers’ compensation benefits may be reduced and/or you may be found to have involuntarily abandoned the workforce,resulting in the cessation of workers’ compensation benefits.
  • If you are receiving Ohio workers’ compensation temporary total or permanent total disability benefits, your Social Security disability and your permanent total disability benefits may be reduced. These benefits must be reported to Social Security. Social Security considers the amount of workers’ compensation an individual receives in determining the amount to pay. Workers’ compensation benefits may reduce the Social Security disability payment.

Collecting Workers Compensation and SSDI at the same time

While you can collect Workers Compensation and SSDI at the same time, there are some advantages to applying for one before the other. If you plan on receiving both, you would be well advised to seek the advice of a lawyer who is experienced working with both Workers’ Comp and Social Security Disability claims. In addition to advising you as to when you should apply for each type of benefit, they can also help structure your claims (and, if necessary, your appeals) for both programs in a way that is most likely to be accepted.

If you’re injured at work, can’t you collect disability and Workers’ Compensation benefits and make more money than if you’d stayed at work?

No. If you are drawing both Social Security Disability (SSD) and Workers’ Compensation, you should receive no more than 80 percent of what you earned while working. The Social Security Administration may reduce the amount of the disability check of anyone who is also getting Workers’ Compensation benefits.

Also, if you settle your Workers’ Compensation claim for a lump sum, you must tell both Medicare and Social Security, so that the federal government will not be paying for treatment or lost wages that should be funded by another system.When the workers’ compensation benefits terminate, notify Social Security so they will know to reinstate the full amount of your social security disability payments.

 

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