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Can I get SSD benefits and workers' compensation simultaneously?

For New Jersey residents who are receiving Social Security disability, there are times at which they are also getting other types of benefits. A concern that many have centers around how their SSD benefits might be affected by those other types of benefits. Workers' compensation benefits and other public benefits can impact how much the person receives in SSD benefits. If the benefits are from private sources, it will not affect SSD benefits. Veterans Administration benefits, state and local government benefits if taxes were taken from the person's earnings, or Supplemental Security Income are all shielded from reduction.

Since workers' compensation is paid after a work accident with injury or another condition, it is paid through insurers or a federal or state agency. Those who are getting SSD benefits and workers' compensation benefits will have the amount reduced, as the total received cannot go beyond 80 percent of what was earned prior to the disability. Any amount that surpasses 80 percent will be reduced commensurately from the SSD benefits.

An example would be someone who earned $4,000 monthly. The person and their family would be able to get $2,200 per month in SSD benefits. This would be in addition to $2,000 monthly for workers' compensation. Since that goes beyond 80 percent - $3,200 - of the previous monthly amount, the benefits would be dropped by $1,000. For those who get a lump sum from workers' compensation, it can also influence the amount of SSD benefits the person gets. The Social Security Administration must be informed of this.

When a person is injured and eligible for SSD benefits and workers' compensation simultaneously, it is possible to get both. Many people do not realize this. Nor do they realize that the SSD benefits will be reduced in certain circumstances. For people who are injured, ill or suffer a condition and are getting benefits from a source like workers' compensation, they can also get Social Security disability benefits. A lawyer who is experienced in Social Security disability benefits can help with your case.

Source: ssa.gov, "How Workers' Compensation and Other Disability Payments May Affect Your Benefits," accessed on Nov. 4, 2017

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