Workers' Comp and Some Other Benefits Can Affect SSD

Claims for Social Security Disability benefits may affect other types of assistance you are receiving, such as workers' compensation or private disability insurance. The Disability and Injury Law Offices of David R. Machek, Esq. can knowledgeably address your concerns about offsets, reimbursements or conflicts stemming from your Social Security disability or SSI claim under Social Security. We represent disability claimants in the greater Philadelphia area, throughout southeastern Pennsylvania, and in the surrounding counties of Central and South Jersey.

Workers' Compensation and Other Benefits Might
Affect Your SSD or SSI Eligibility or Payment

Our lawyer can determine the impact on Social Security Disability claims for your specific circumstances. In general:

  • There is a workers' compensation offset. There is a maximum limit if you are eligible for both workers' comp and Social Security Disability in the same month. In Pennsylvania, some or all of your SSD benefits may be reduced by the offset. In New Jersey, the workers' comp benefits are reduced in a "reverse offset." The offset also applies to any family members' benefits.
  • There is an offset for private long-term disability benefits. Most LTD insurance policies require claimants to file for Social Security Disability. Once you are awarded SSD benefits, your LTD benefits may be reduced by the same amount. The insurer will also lay claim to any retroactive SSD benefits awarded. Each case depends on the language of the long-term disability policy. Almost all group policies have the offset language.
  • There is no offset of Veterans Affairs benefits. Military veterans can receive full SSD benefits in addition to VA benefits.
  • Personal injury proceeds are not subject to offset. A settlement or jury award will not affect your SSD benefits (but would normally disqualify you from receiving SSI).

Even though your benefits might be offset, you should still apply for Social Security Disability. Long-term disability plans typically terminate after 24 months. Workers' compensation insurers scrutinize claims for opportunities to reduce or terminate benefits. SSD benefits continue indefinitely, subject to periodic medical review. Another key reason to qualify for SSD is that it is the only way to qualify for Medicare benefits before age 65. SSD recipients are eligible for Medicare after two years of benefit payments.

Contact Us Now for a Free Consultation

You should consult an attorney for any type of disability claim to protect your rights and make sure you are receiving the full measure of the benefits you are entitled to receive. How will other benefits affect SSD in your particular case? Contact us online or call (215) 886-0398 to arrange a free initial consultation with the attorney from the Disability and Injury Law Offices of David R. Machek, Esq.