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What effect will workers’ comp have on my Social Security?

If you are currently receiving workers’ compensation in Schenectady for a work injury, then you may also qualify to receive Social Security disability benefits. Your injuries must last for at least 12 months and keep you from engaging in gainful employment. There are stipulations in place that can affect how much you can receive. Having a good understanding of the effects can help you to maximize your benefits.

Here is a brief overview of how your workers’ compensation payments can affect your Social Security disability benefits.

Social Security payments

The amount of your workers’ compensation payments can offset your Social Security payments. Your workers’ compensation and Social Security payments cannot exceed 80 percent of your average pre-disability income. Social Security disability is a needs-based program. Your income and assets help determine your eligibility and payments.

Common reasons for denial

Your claim for Social Security may be denied if you received a lump sum payout from workers’ compensation. If you are receiving monthly payments, then any amount that is more than your monthly Social Security payments can also result in the denial of your claim.

Subject to offsets

New York is a reverse offset state. When your workers’ compensation and Social Security benefits exceed the 80 percent threshold for your pre-disability average monthly wage, your workers’ compensation benefits decrease until the combined amount is under the threshold.

Bear in mind that there are social considerations and circumstances that can affect your right to receive Social Security and workers’ compensation benefits at the same time. There are also strategies you can take to reduce the offset.

Situations involving Social Security disability benefits and workers’ compensation payments are often challenging for people to handle on their own. To avoid making mistakes that could negatively impact your Social Security and workers’ compensation benefits, you should speak to an attorney to learn your options.

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