Social Security Disability Benefit Based Mental Disorder FAQ's

If you sustained a job-related injury or illness that left you disabled then you may be eligible to collect both Social Security benefits as well as workers’ compensation benefits. But is this allowed? In a nutshell, yes, you can collect both Social Security disability benefits and workers’ compensation disability benefits at the same time, provided of course that your physical injuries qualify you for both.

However, it is important to note that Social Security disability benefits and workers’ compensation benefits are administered under two different public programs; Social Security disability benefits are administered by the Social Security Administration (SSA) while workers’ compensation benefits are issued by each state’s individual workers’ compensation program. It is important to understand that these disability benefits come from two distinct public programs and that each program has its own set of requirements that must be met in order to qualify for benefits under the program. Consequently, it is common that an injured individual will not qualify for disability benefits under both programs at the same time. This is especially true given the fact that workers’ compensation benefits are generally designed to afford injured employees temporary income while they heal or await approval to receive long-term disability benefits from the Social Security Administration.

Warning: Collecting Public Benefits May Reduce Your Social Security Disability Benefits

The Social Security Administration’s website warns Social Security disability benefit recipients that receiving workers’ compensation (or other public disability benefits) may reduce the amount of Social Security disability benefits that you are entitled to collect. This is because the total amount of these benefits received, when combined, can not exceed 80 percent of your average current earnings before you became disabled. Therefore, if you are entitled to collect both Social Security disability benefits and workers’ compensation benefits and the total amount that you can collect exceeds 80 percent of your average current earnings before your debilitating accident or illness then the excess amount will be subtracted from your Social Security disability benefits.

Should I Apply for One Benefit Before Applying for the Other?

Please note that under some circumstances there are advantages to applying for one type public disability benefit before the other. The benefits of applying for one benefit before the other are highly case specific and varies a bit from state to state so it is advisable to consult with a local Social Security disability lawyer if you plan to apply for both Social Security disability benefits as well as workers’ compensation benefits.

Download Our Free Book: The Utah Social Security Disability Handbook

For more information about the Social Security disability claims process download our free book titled The Utah Social Security Disability Handbook

Let Us Assist You with Your Case

Here at the Summit Disability Law Group we are committed to helping clients procure the Social Security disability benefits that they are legally entitled to. Our experienced lawyers are intimately familiar with how collecting other types of public disability benefits can impact your Social Security disability benefits, have mapped the red tape of the Social Security Disability claims process, and would be happy to fight for the benefits that you deserve. To discuss your case with a premier physical injury lawyer in Utah, contact us today at (801) 845-0056.

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