Can I get both Workers’ Comp and Social Security Disability?
Yes. Social Security Disability (SSDI) is a federally run program while Workers’ Compensation benefits are determined by the states. The sum of the 2 benefits cannot exceed 80% of your average current earnings.
To qualify for Social Security Disability benefits, you must meet the government’s definition of disabled, as well as fit the earnings profile based on your work history. Ohio Worker’s Compensation benefits are awarded after a workplace injury is filed and approved by the Ohio Bureau of Workers’ Compensation.
Situations do arise that an injured worker is receiving workers’ comp as well as Social Security Disability benefit. Social Security Administration determines your average current earnings. The determination is complex, but more information is available at www.socialsecurity.gov.
Calculating the Reduction:
Social Security + Workers Compensation = Total Actual Benefits
Average Current Earnings x 80% = Total Allowed Benefits
If Total Actual Benefits is greater than (>) Total Allowed Benefits, then Social Security benefits will be reduced by the difference.
Before you became disabled, your average earnings were $4,000 a month. You, your spouse, and your two children would be eligible to receive a total of $2,200 a month in Social Security disability benefits. You also receive $2,000 a month from workers’ compensation. Because the total amount of benefits you would receive ($4,200) is more than 80 percent ($3,200) 3 (over) of your average current earnings ($4,000), your family’s Social Security benefits will be reduced by $1,000 ($4,200 – $3,200).
Read more at How Workers’ Compensation and Other Disability Payments May Affect Your Benefits or call the workers’ comp attorneys at Garson Johnson at (216) 696-9330.