Eligibility for Social Security Disability and Workers’ Compensation Benefits

social security disability lawyer

If you are not able to work due to a disability, you may be eligible to receive disability benefits. The Social Security Administration provides monthly income to disabled people in the form of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

You may also receive disability benefits through the state workers’ compensation system if a workplace accident or occupational illness caused your disability.

As a premier Social Security Disability law firm in Rhode Island, Marasco & Nesselbush has helped thousands of disabled individuals obtain the disability benefits they need and deserve.

Our attorneys can review your medical problems and the circumstances surrounding your disability and help you determine what benefits you may be entitled to. Our goal is to maximize the money you receive, and we can assist you in applying for all the benefits you deserve.

Contact us now for a free review of your claim and a discussion of your legal rights and options.

The Differences between Workers’ Compensation and Social Security Disability

If you have suffered a work-related injury or occupational illness, workers’ compensation benefits may provide 100 percent coverage for your medical treatment expenses, as well as partial replacement of your lost wages.

You may receive monthly workers’ compensation disability benefits even if you have a short-term injury or disabling condition. Permanent disability income may also be available through the state workers’ compensation system.

Workers’ compensation disability income is not limited to only those who are completely unable to work. If you are on restricted duty and your income has gone down as a result of your work-related disability, you may be entitled to partial disability benefits from workers’ compensation. This income is meant to make up for part of the difference between your pre-injury earnings and your earnings after you got hurt.

Social Security Disability (SSD), on the other hand, provides coverage only if you have a long-term medical condition that has lasted a year, will last a year or is likely to end in death. Your medical condition also must make working impossible, so you cannot receive SSDI if you have experienced only a temporary or partial disability.

Medical coverage is provided through Medicaid for individuals receiving SSI and through Medicare for those receiving SSDI. Medicare coverage is not available until you have been receiving disability benefits for 24 months.

While workers’ compensation may appear to provide more benefits, it is available only if your injury or illness is work-related. SSDI and SSI, on the other hand, are available to anyone who qualifies, regardless of what caused the disability.

Can I Receive Both Workers’ Comp and Social Security Disability Benefits?

In some cases, you may be eligible to receive both workers’ compensation benefits and SSD benefits. You may apply for and receive benefits through both programs if you qualify, but your disability benefits may be reduced as a result.

If you receive workers’ compensation benefits and SSD benefits, the total amount of benefits you receive cannot exceed 80 percent of your average current earnings before the time when you became disabled.  If your benefits exceed this amount, then the excess is deducted from your Social Security benefits.

Receiving a lump-sum payment through workers’ compensation may also affect your Social Security disability income. It is important to understand the impact that this will have before you agree to settle a workers’ compensation case.

Get the Full Benefits You Need and Deserve

Understanding how the different benefits programs work together is complicated, and you need to make sure you are making the right choices to maximize the income you have coming in when you are disabled.

Marasco & Nesselbush is here to help. We have represented thousands of disabled clients since we opened our firm in 1999. With hard work, integrity, intelligence, attention to detail and perseverance, the law firm of Marasco & Nesselbush achieves unparalleled results.

Let us put our legal knowledge and experience to work for you.

We are ready to get started on your disability claim now. Contact us today for a free claim review and consultation with no strings attached.