Alert! Social Security and Ohio Workers' Compensation Benefits Are Not Mutually Exclusive.
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.
- 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.
Robert L. Heller has practiced law in Ohio for nearly 40 years, devoting his entire career to helping disabled people in the Mahoning Valley to pursue needed benefits. A native of Warren, Ohio, Robert earned his undergraduate degree from Miami University of Ohio and his law degree from the University of Toledo College of Law. He also studied public administration at American University in Washington, D.C. He is admitted to practice in Ohio state courts, U.S. District Court for the Northern District of Ohio and Sixth Circuit U.S. Court of Appeals as well as a member of the National Organization of Social Security Claimant Representatives (NOSSCR).