Retired man in his wheelchair

By Marie Lowery

Some individuals who are eligible for workers compensation benefits may also be eligible for Social Security disability benefits. However, workers are not able to receive the full amount of Social Security benefits and workers’ compensation benefits at the same time.

If you have received a workers’ compensation settlement or other public disability benefit, it is important to seek the advice of an attorney as these benefits may reduce your Social Security benefits.

Your monthly Social Security disability benefits, including benefits payable to your family members, are added together with your workers’ compensation or other public disability payment. If the total amount of these benefits exceeds 80 percent of your average current earnings, the excess amount is deducted from your Social Security benefit. The process of Social Security reducing disability benefits to account for worker’s compensation is called a worker’s compensation “offset.”

The rules about how Social Security calculates worker’s compensation offsets are complicated therefore it is important to have an attorney work on your case. Especially when an individual receives a lump sum workers’ compensation settlement it is important that the settlement agreement is drafted properly to minimize any offset of Social Security disability insurance benefits.

If you are concerned about Social Security reducing your Social Security Disability Insurance benefits because of a workers’ compensation award, please call our office to help you resolve your case in a way that leaves you with the most money possible each month or use our online contact form.

About the Author

Mark Joye is the Head of the Litigation Department at the Joye Law Firm. A Board-Certified Trial Advocate with nearly 30 years of litigation experience, he currently serves on the Board of Governors for the American Association for Justice and is a past president of the South Carolina Association for Justice. In a recent trial, Joye headed a trial team that secured $17 million for a family killed in a tractor-trailer accident.

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