Rhoades & Morrow

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Wilmington 302-427-9500 Bear 302-834-8484 Milford 302-422-6705

Can I Receive Workers’ Compensation and Social Security Disability Insurance?

Bear DE Workers’ Compensation lawyers advocate for workers receiving disability insurance.Social Security Disability Insurance (SSDI) and Workers’ Compensation both help individuals who are unable to work and cover their expenses. Individually, they are both incredibly helpful for disabled individuals. However, many disabled individuals might wonder whether they can collect both Workers’ Compensation and SSDI.

The answer to this question varies from case-to-case, however, any individual who qualifies for both programs can receive benefits from both. However, it is important to note that there is a limit to the amount of money one can receive from both programs. Individuals who are interested in seeking both SSDI and Workers’ Compensation should contact a lawyer for more information.

Difference Between SSDI and Workers’ Compensation

SSDI and Workers’ Compensation both serve similar purposes, however, they are different. First, individuals should note that they are two different programs. SSDI is a federal program, while Workers’ Compensation is state-run. This is important to note, because Workers’ Compensation programs tend to vary from state-to-state, while SSDI is similar for everyone.

Each program has a different definition of disability. Workers’ Compensation considers an employee disabled when they are unable to perform the tasks related to their current job. The Social Security Administration, however, considers an individual disabled when they are unable to perform any job on the market in the nation. Also, an individual is considered totally disabled if their disability is expected to last longer than a year or if it is expected to cause their death. This difference is important to note because it might affect whether an individual qualifies for one program or both.

The Limitations of Collecting from Both Programs

Individuals who qualify for both SSDI and Workers’ Compensation should note that there are limitations to the amount of money they can obtain if they participate in both programs. The limit for the amount one receives from Workers’ Compensation and SSDI is 80 percent of the individual’s average earnings. If the amount of money the individual is entitled to is higher than 80 percent, then the amount of money they obtain from SSDI will be reduced. However, since Workers’ Compensation is often temporary, the amount of money an individual receives from SSDI will adjust to a higher amount after it expires.

It is important to note that although Workers’ Compensation affects the amount an individual receives of SSDI, private insurance payments do not affect it. Similarly, a few public benefits, such as Veterans Administration benefits and Supplemental Security Income will not affect a disabled individual’s benefits either.

Bear DE Workers’ Compensation Lawyers at Rhoades & Morrow Advocate for Disabled Workers

If you or a loved one is disabled from a workplace injury, please consider contacting a Bear DE Workers’ Compensation lawyer at Rhoades & Morrow. Our lawyers work tirelessly to help our clients obtain maximum compensation for their injuries. If you are interested in speaking to one of our lawyers, contact us online or call us at 302-422-6705. With offices located in Wilmington, Bear, and Milford, Delaware, we proudly serve clients throughout the state, including the areas of Elsmere and Seaford.

Statement Regarding Coronavirus Disease ("Covid-19"):

A Message to Our Clients: We Are Here to Help You.

The situation regarding the COVID-19 virus changes daily. During this uncertain time, we can assure you that the team at Rhoades & Morrow continues to focus on helping our current clients as well as assisting new clients.

We know that legal questions still arise, and we are here to answer your questions and provide the trusted guidance that you have come to expect from us over the years. To ensure the health and safety of our staff and our clients, we are conducting virtual consultations via Zoom and by telephone. We also have the ability to exchange documents via secure e-mail.

We will continue to work to protect the rights of our clients. If you have any questions or concerns, please do not hesitate to call us at 302-427-9500 or contact us online.

We look forward to hearing from you. Stay safe and healthy.