I asked attorney Gerald Welt, Esq., if he would provide me with a guest blog post on how workers' compensation interacts with the receipt of Social Security Disability benefits, and his office sent me the following general explanation. Gerald is an excellent attorney who handles Social Security cases if you need one.:
You are entitled to Social Security Disability or Supplemental Security Income benefits if you have physical or mental health problems or a combination of problems severe enough to keep you from working in a regular, paying job for at least 12 months. It does not mean just your regular job but in general any job that exists in substantial numbers in the national economy including a sit-down or sedentary job. As a practical matter it is not enough to just present medical records, you will need the support of a treating physician in the form of a written statement indicating your specific limitations . If you have been denied benefits by the Social Security Administration for Social Security Disability or Supplemental Security Income you have the right to file for Reconsideration or a Hearing. You may be entitled to benefits and you have the right to legal representation to help you analyze your case file an Initial Application, Request for Reconsideration or a Request for Hearing and prepare for a Hearing. Fees are normally paid directly to the attorney out of past due benefits from the Federal government when your case is settled. There is no charge for your initial consultation.
Those claimants that receive or may receive Workers' Compensation have other concerns as well.
Nevada is an offset state meaning that any Workers' Compensation benefits that are received for compensation can offset Social Security Disability benefits.
In simple terms Social Security Disability pays approximately 80% of your average monthly wage up to a maximum of approximately $2533.00 per month. Workers' Compensation pays approximately 66 2/3% of your average monthly wage up to a maximum of approximately $3527.00 per month.
So a claimant receiving Workers' Compensation benefits at the same time as receiving Social Security Disability benefits would only be entitled to an additional 13 1/3% per month.
It becomes more difficult if there is a Permanent Partial Disability settlement. In that case Social Security Disability awards offset future disability benefits on a monthly basis until the complete settlement (minus attorney's fees) is offset. Generally there is not an offset for vocational rehabilitation buyout or settlement amounts. If you are receiving only Supplemental Security Income benefits, the monthly amount of your SSI benefit will be directly reduced by the monthly amount of your worker’s compensation benefit. This usually means that there are no SSI benefits for the months you receive worker’s compensation benefits.
by Tiffany G. Welt Doctors, ADR
Gerald M. Welt, Chtd.