Garson Johnson Law Blog

Picture

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.

Example:
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.

Call Us Today

Thanks to the hard working men and women of Ohio for allowing us to serve you. The workers comp system is very challenging. By no choice of their own, workers find themselves injured, off work, and desperate for answers and treatment. We are honored to focus on our clients not just their legal case. The best complement we receive is a referral from existing clients. The second best is their words of thanks and appreciation.

READ OUR REVIEWS
Cleveland Office
101 W. Prospect Avenue
Midland Building, Suite 1600
Cleveland, OH 44115
Twinsburg Office
9408 Ravenna Road
Twinsburg, OH 44087-2448
Located in Compass Computers
Your Are More Than Just A Case.
WE ARE THE RIGHT TEAM TO HANDLE THE HARD AND COMPLEX CASES
LET US HELP YOU
Stay Connected With Us