Can I Get Workers Compensation And Social Security Disability Benefits At The Same Time?

Can I Have Both Workers’ Compensation And Social Security Disability Benefits?

A work injury could cause serious disability. In other cases, a work injury could add to the difficulties of an existing disability. Whatever your situation may be, it is important to understand how workers’ compensation and Social Security Disability benefits operate.

At the Law Office of Ellene Welsh, we have extensive experience in both workers’ compensation cases and Social Security Disability Insurance (SSDI) cases. If you need to know your options after a new injury or condition, we can give you advice for your specific circumstances. Consult with us to get complete information before filing your claims.

The 80 Percent Rule

You can receive both workers’ compensation and SSDI benefits. In fact, filing for both types of assistance can provide the money you and your family need.

However, workers’ compensation could reduce your SSDI benefits depending on the amount you receive. It is important to discuss the possibilities with your attorney.

If the total amount of monthly workers’ compensation payments plus SSDI exceeds 80 percent of your monthly income before the injury or disability, your benefits would decrease according to the difference. If your workers’ compensation payments end, and you are still eligible for SSDI benefits, your SSDI payments may return to the full amount.

SSDI calculations are complicated. Our knowledgeable lawyer can help you overcome the challenges of blending multiple types of benefits. We know that adjusting to a disability or serious injury is difficult, and we will be committed advocates for you.

Can I claim these benefits in addition to SSDI, or do I have to choose?

Even if you receive SSD, you are absolutely allowed to claim any disability benefits you are entitled to. Some of them, however, may reduce your SSDI benefits. The good news is that private disability insurance proceeds and veterans’ disability benefits do not affect your Social Security disability benefits at all.

Payments that do affect your SSD benefits include:

Workers’ compensation, whether you get a lump-sum payment or monthly payments
State or local disability benefits not related to workplace injuries or illnesses, such as:
- Civil service disability benefits
- Temporary disability benefits provided by a state
- State or local retirement benefits that are base on disability

How will my SSD benefit be affected?

The total amount of these types of benefits you receive can’t exceed 80 percent of your average earnings before your disability, as calculated by the Social Security Administration. The SSA will total all Social Security disability benefits your family receives and add it to the amount you receive from workers’ comp or a public disability payment. If that amount exceeds 80 percent of your pre-disability average earnings, the SSA will deduct any excess from your Social Security disability payment.

Depending on the circumstances, the Social Security Administration uses different methods to calculate your pre-disability average earnings. If you want more information about how yours were calculated, you can contact or the SSA.

A final note: it is very important to report any changes in your benefits to the Social Security Administration. That includes if the amount you receive through workers’ comp or other programs changes or the benefits stop.

If you have questions or want more information, contact a Social Security disability attorney or visit the SSA’s disability web portal.

Call a Social Security Attorney Who Provides Personal Service

You are more than a case number at the Law Office of Ellene Welsh. We know that you may be in pain and stressed about benefit-related legal issues. Our team will be patient and attentive to your needs. Call 770-489-3456, or email our firm in Douglasville and Columbus for a free consultation.

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The Law Office of Ellene Welsh Testimonials

Law Office of Ellene Welsh

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Avedis Smith

20:02 27 Jul 23

When I first got my review denial letter from SSA and had to appeal I was crushed...I contacted several lawyers and no one wanted to take my case. I contacted Ellene Welsh law firm and spoke with Annette and told her about my situation(she spoke with Attorney Welsh) they agreed and took my case. Let me tell you, they are so thorough...they took the time to explain everything to me each step of the way and obtained all medical records, worked endlessly with my SSA hearing officer, and help ease my anxiety. I'm happy to write after a long battle I received a fully favorable decision with no hearing!! If you need a office that will work tirelessly for you then look no further...Thankyou so much to Attorney Welsh and Annette...

Donl Atkins

21:47 02 Jan 23

Mrs Welsh and her staff were so helpful. They kept me informed every step of the way and I received a better decision than I expected.Would hire them again if needed.

Reign Supreme

17:19 02 Nov 22

Friendly, professional and attentive. I was made to feel comfortable asking questions.

Debra A Brittian-Thomas

23:16 19 Oct 22

Kimberly Hanback

17:04 05 Oct 22

I had tried to get my disability first with a different lawyer and was turned down. When I called thier office to ask about an appeal they said they couldn't help me and was very rude and hung up on me. Found another lawyer who did my appeal was turned down. I called Ellene Welsh and her and her staff were very nice and helpful. Of course it was during the pandemic so we had to do things differently but she helped me and I won my case. Anytime I had a question they were very helpful and nice. If I could just say if you need a great lawyer with a great staff call her. They will fight for you. Love them.

kyle croft

20:29 11 Jul 22

After being denied by SSD , I called the Law offices of Ellen Welsh and she got my disability claim approved. Her employees were professional and easy to work with. They took care of everything. I would highly recommend this law firm to anyone needing help with their SSD CLAIM

Kris Arhart

17:46 02 Feb 22

Ms. Ellene Welsh Came recommended from another attorney. The whole process with her office was as smooth as it can be. If you have never had to use a attorney before let me explain something I learned. Every great attorney has a amazing Paralegal / assistant or more behind them. Ms. Welsh team made contact As easy as I can get. Whether it be by phone or email. Thank Ms. Welsh and your amazing office for all the hard work yall did to make this process as easy as possible.

Pam Scheib

02:49 01 Feb 17

I became a client of Ellene's 3 years ago. When I first met Ellene she took a great deal of time to go over my denied paperwork from Social Security. She explained it was not a quick process and we would be looking at least another year to eighteen months before a hearing. She explained every step! When I had questions Becky and other office staff were always there to walk me through my questions and ease my mind and at times frustrations. Never along this journey did I feel ignored or abandoned. Ellene's staff got all my records together for my hearing and thanks to their hard work we got an immediate decision. It is very rare, I knew it was a good case going in, but Ellene made sure every "I" was dotted and every "T" was crossed. She was excellent in front of the judge and knows what she is doing. It was her 20 plus years experience that makes her so good! I can't thank Ellene and her staff enough for all their time, hard work and dedication in helping me with my case. I highly recommend her to anyone looking for a Social Security Disability Attorney.