Can I get both SSD benefits and workers' compensation? | Rosenthal, Levy, Simon & Sosa

Can I get both SSD benefits and workers’ compensation?

As the followers of this West Palm Beach, Florida, Social Security disability benefits law firm’s blog know, our office represents Florida clients both in obtaining disability benefits through the Social Security Administration and in getting workers’ compensation following a work-related accident or illness.

In theory, there is no reason why an injured Florida worker can, and even should, pursue benefits under both programs, provided of course that they are otherwise eligible to do so.

While workers’ compensation pays for a lot, it will not cover all of an injured worker’s lost wages. As a result, a worker who is now permanently disabled as a result of a workplace accident may need to look for other sources of compensation in order to make ends meet.

There is an important caveat about which workers need to be aware, however. While they may choose to draw benefits from both workers’ compensation and Social Security, if they elect to do so, then the Social Security Administration will cap their monthly benefit in order to account for the fact that they are also receiving workers’ compensation.

Specifically, between workers’ compensation and disability benefits, a worker may not make more than 80 percent of his or her average gross wage from the time before he or she got hurt. If benefits do equal more than this threshold, the Social Security Administration will reduce disability payments accordingly.

So, for example only, someone who was making $5,000 a month before an injury and is now drawing $3,000 a month in workers’ compensation will only be able to get $1,000 a month in disability, even if he or she is otherwise entitled to more. This is because 80 percent of $5,000 is $4,000.

Icon Testimonials Client Testimonials

I was injured at work directly due to poor management decisions. I worked as a lifeguard and a child that was in the care of the day care facility on the campus ran away. He was in immediate danger. I…
I have recommended Jonathan Levy and his law firm to my friends and one of them became his client. I am truly grateful for everything Jonathan Levy and his team have done on my behalf. He is truly a wonderful attorney.
Faithe C.

Much to my surprise not only did they win my lawsuit but I ended up getting 3 times the original amount I was expecting to get! I could not have been more pleased with the staff and the outcome.
Allison M.

If it wasn’t for your help, I know I wouldn’t have been able to win my case. I know that it was far away for you to come to Miami but your professionalism was outstanding. I will always recommend you.
Maria W.

You might say you were even just doing your job, however, I think it’s essential that you realize how fortunate I am to have such a trusted esteemed attorney in my corner, blessed really.

See All Testimonials