It is possible to simultaneously file a claim for Social Security Disability and workers’ compensation, but if your claim for both is successful, your SSDI benefits may be partially offset by your workers’ comp benefits if the total amount of these benefits exceeds 80 percent of your average current earnings. This is referred to as a “workers’ compensation offset.”
Many people may not be aware of this quirk of workers’ compensation law. While that is completely understandable, it could also be very costly for someone who is disabled and in need of benefits to get by.
Workers’ compensation offsets are particularly critical for SSDI recipients when a workers’ comp award is made in a lump sum. The interplay between the complex rules for SSDI and the complex rules for workers’ compensation can cost families thousands of dollars if handled improperly.
Joye Law Firm’s attorneys work with both systems every day and understand issues that arise when someone is entitled to benefits under both SSDI and workers’ compensation. We have helped many clients structure their workers’ compensation awards in a way that will minimize the effect on their SSDI benefits.
A properly structured workers’ compensation award can help ensure that you do not give up too much money in an offset that applies to your SSDI benefits. To find out how our lawyers can help you recover the maximum benefits you deserve from SSDI and the South Carolina workers’ compensation system, Just call Joye Law Firm. You can reach us by phone or fill out an online form for a free case review and advice about your legal rights and options.