The Intersection Between SSDI and Workers' Compensation

Capital District Lawyers

If you are eligible for both Workers' Compensation and Social Security Disability Insurance (SSDI) benefits, it is paramount that you hire an attorney who has experience with both of these programs. Although they are distinct programs, they do not exist totally independent of each other. Without careful planning, based on experience and knowledge, you could find yourself paying a significant portion of your benefits from Workers' Compensation back into Social Security.

Talk with one of our lawyers as soon as possible. Since our inception as Silverman & Silverman in the 1940s, we have focused all of our professional attention on helping our clients maximize their benefits for injuries and illnesses that limit their ability to work. Our attorneys understand the challenges you face with your work-hindering injuries, and we understand how the law applies to Workers' Compensation and SSDI benefits. We can help you avoid some common pitfalls in the process and maximize your compensation.

Avoid SSDI Offsets ∙ Maximize Your Benefits

Many people who receive Workers' Compensation also qualify for SSDI. This is good news for most. The intersection of Workers' Compensation and SSDI can be a complicated affair, however, and it is easy to make errors that could result in Social Security taking an offset from your workers' comp benefits.

The Social Security Administration (SSA) uses a complex formula to determine whether you have an offset, considering your average current earnings compared with the amount of your Workers' Compensation benefits. Sometimes an injured worker will fight for higher Workers' Compensation benefits only to have those extra benefits subtracted from their SSDI benefits.

If you are eligible for both SSDI and Workers' Compensation benefits, it is essential to work with a legal team that is experienced with both of these programs and knows how they work together. The lawyers of Silverman, Silverman & Seligman, P.C., can help you maximize your benefits.

SSD and Workers' Compensation Payments ∙ Free Consultations

We serve clients in Schenectady, Troy, Albany, Queensbury, Saratoga, Amsterdam, Glens Falls, and the entire Capital District. If you have experienced a work-related injury, you can talk with one of our experienced lawyers. Call 518-631-4521 or contact us online for a free initial consultation with a New York work injury compensation attorney.

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• What do I need to show to obtain Workers Compensation benefits?

  
  In order to obtain compensation benefits you need to document that you were an employee, that an accident occurred during the course of your employment (or you developed an "occupational disease" during the course of your employment), that you gave notice to your employer within 30 days of the accident and that you filed your claim for benefits within two years of the date of the accident. There are some exceptions to these requirements which should be discussed with your attorney in detail.

• If the administrative law judge directs the carrier to pay my medical bills and to pay me compensation benefits, and the carriers still objects, what happens?

  
  If a carrier believes that there are grounds for an appeal they may file such an appeal within 30 days to the Workers Compensation board. Pending the resolution of that appeal in most instances the carrier is not required to pay medical bills or make biweekly payments to the Claimant as directed by the administrative law judge.

• Am I required by law to have an attorney?

  
  No. But bear in mind that the insurance carrier is mandated by law to have an attorney or a licensed representative appear at every hearing. These attorneys and licensed representatives often have years of experience, have handled thousands of hearings and are well versed in representing the carrier's point of view. While there is no similar statute requiring the Claimant to be represented, we would highly recommend that they retain counsel. Silverman Law has decades of experience in representing Claimants.

• The carrier argues that my condition was pre-existing. I don't think that it was but even so I never had these symptoms. What should I do?

  
  This question of a pre-existing asymptomatic (unnoticed) condition which is made symptomatic by a work-related accident has been decided by both the Appellate Division of the Supreme Court of New York State and the New York State Court of Appeals.

• Can I collect both Workers Compensation and the Social Security Disability benefits at the same time?

  
  Yes. If you qualify you may indeed collect both Workers Compensation and Social Security Disability benefits. While Workers Compensation is not reduced because of Social Security Disability payments, your Social Security Disability payments may indeed be reduced because of your Workers Compensation benefits.

Silverman, Silverman & Seligman, P.C.
527 State St.
Schenectady NY 12305
Phone: 518-631-4521
Toll Free: 877-851-4319
Fax: 518-374-4338