If you have been disabled, you may be curious about which benefits you are able to receive. This can be especially confusing if the injury you receive happened at work and left you disabled or unable to work. Are you able to receive both SSDI benefits and workers compensation at the same time?
The short answer is yes, you can receive both SSDI benefits and workers compensation at the same time, especially if you work with a disability lawyer in Milwaukee, WI to help you file the claim. However, there are some things that will be different when you file for both of these compared to if you file for one or the other.
How Does Workers Compensation Affect Your SSDI Benefits in Milwaukee, WI?
While you are able to claim both SSDI benefits and workers compensation at the same time, it is likely that the Social Security Administration is going to offset or adjust the amount that they pay out to you based on the amount that you get from workers compensation. So, if you get a large amount with the help of your disability lawyer in Milwaukee, WI for workers compensation, the amount that you get in SSDI benefits will be decreased.
The general rule when it comes to this is that the total of your earnings from workers compensation combined with the SSDI benefits can’t be more than 80 percent of your original earnings.
To demonstrate, if you earned $4000 a month before you become disabled, the total amount you can receive with SSDI Benefits and workers compensation combined would be $3200 a month. If the combined benefits that you could receive goes above that threshold, then the SSA will offset the benefit amount to keep it below or at that mark.
What If My Workers Compensation in Milwaukee, WI Expires?
In some cases, your disability lawyer in Milwaukee, WI will work with you to get monthly compensation from your employer to help you for the long term and other times you will get a lump sum. If you receive a monthly amount, there is often a limit on how long you will receive that benefit.
Once your workers compensation benefits expire, then the benefits that you receive through Social Security will go up to the normal payment amount. Your disability lawyer in Milwaukee, WI will be able to work with you if you run into problems getting your full benefits after workers compensation ends.
Are Other Programs Similar to Receiving SSDI Benefits and Workers Compensation at the Same Time?
These rules occur with public workers compensation programs. If you have a pension or insurance benefits that are providing you with income after the disability, and they are privately funded, then they are not going to affect the SSDI benefits that you will receive. But programs that are considered part of the public workers compensation payments will fit under this and will change the amount of SSDI that you can receive.
The good news here is there is not a risk of being denied if you get public workers compensation payments while applying for SSDI benefits or during the time it takes to get approved. In addition, not all of the public benefits that you receive will fall into this. If you get VA benefits, SSI, or local and state government benefits, then the SSDI benefits that you receive will not be affected.
While all of this may seem confusing when you are looking for answers after an accident that has left you disabled and restricts your ability to work, the result is that there is no penalty if you receive workers compensation and SSDI disability benefits at the same time. If you end up receiving a lump sum payment for compensation, or the compensation amount that you receive goes up or down, then you must contact the Social Security office since this could change your benefits.
If you are uncertain about the steps that you should take when you are dealing with a claim that could get SSDI disability benefits and workers compensation benefits, then it is important to talk with a disability lawyer in Milwaukee, WI. They will be able to discuss your case with you and can help you to file a claim to get the most out of both benefit options.
If you need help working with a disability lawyer in Milwaukee, WI for receiving your SSDI benefits or your workers compensation, make sure to contact us at Tabak Law LLC. Our professionals have 45 years of experience helping plaintiffs get their disability claims approved. Contact us today to get started.