Sometimes, workers tell us that they heard advice not to apply for Social Security Disability benefits while receiving workers’ comp.
That’s not always good advice.
Your course of action depends on your individual situation.
Consider these factors:
If you’re receiving workers’ comp, a lawyer from Workers’ Compensation, LLC, can help you determine the right time to file for SSD.
Because we are workers’ compensation lawyers and Social Security Disability lawyers, we know how to make the two programs work together for maximum benefit to you.
You can start by getting us to provide a free initial consultation on your case.Get My Free Evaluation! »
Daren Sarphie: If you’ve been receive workers’ compensation benefits, you can also receive Social Security Disability benefits. However, the amount of Social Security that you end up receiving could be reduced, if not eliminated entirely, or offset by the amount of workers’ compensation disability benefits that you receive.
When an individual is receiving workers’ compensation and Social Security Disability benefits, and they want to settle their claim, the insurance company has to take certain steps to protect Medicare’s interest. They have to obtain what’s called a “Medicare Set-Aside” set account, and that’s basically future medical cost projection on what those workers’ compensation disability benefits will be. The idea is you can’t settle your workers’ compensation claim and then shift your medical responsibility over to Medicare.
Our law firm, in addition to representing injured workers for workers’ compensation or longshore benefits, also helps individuals obtain their Social Security Disability benefits. We’re also skilled in representing individuals who try to settle a workers’ compensation claim when you have to coordinate those two types of benefits.
Workers’ comp provides medical care for your workplace injury, pays two-thirds of your lost wages, and covers other expenses related to your treatment and recovery.
Workers’ comp is governed by the state, in our case, the Louisiana Workers’ Compensation Act.
An exception to that is injured worker protection for people who work on or around water, which is provided under federal laws, such as the Longshore & Harbor Workers’ Compensation Act and the Jones Act.
Social Security Disability, on the other hand, is a type of insurance managed directly by the federal government’s Social Security Administration (SSA).
This is what you get with Social Security Disability benefits:
To get Social Security Disability benefits, you must be unable to work, in any job, for at least a year.
And you have to prove it using medical evidence, work history information, or more.
If you need help with either your workers’ comp claim or Social Security Disability claim, the lawyers from Workers’ Compensation, LLC, can help you with both.
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