He Effect of Having Both Social Security and Worker’s Compensation Benefits
At times when an individual applies for Social Security Disability Benefits a question that ponders is if they can collect Social Security Disability benefits and Workers Compensation benefits simultaneously. Before answering this question a person must comprehend the difference between both benefits, understand how both benefits work together and how one can have an effect on the other. After the individuals have all the information they require they will be able to make a decision that best suits their needs.   If you live in Queens you should consult a Queens Social Security attorney or a Queens Workers Compensation attorney.  If you live in Brooklyn, consult a Brooklyn Social Security attorney or a Brooklyn Workers Compensation attorney.
The first step to answering this question is to understand what each concept entails. Social Security pays benefits to individuals who cannot work because they have a medical condition that is expected to last at least one year or result in death.[1] Social Security does not give money for partial or short term disability. To get disability benefits, an individual must meet two different earnings test, a recent work test based on their average salary at the time they became disabled and duration of work test to show that the person worked long enough under Social Security.[2]  Worker’s compensation system in New York is a mechanism for providing cash-wage benefits and medical care to victims of work-related injuries.[3] The benefits an individual can receive from worker’s compensation include medical treatment for the work related conditions and monetary payments for lost wages while they recuperate.  Both short-term and long-term disabilities are available under worker’s compensation. Unlike Social Security a person may be eligible for worker’s compensation benefits from their first day of employment.
There is no stated prohibition on the subject of receiving both Social Security Disability Benefits and Worker’s Compensation simultaneously. If an individual collects worker’s compensation or other public disability benefits and Social Security disability benefits at the same time, the total amount of these benefits cannot exceed eighty percent of your average current earnings before they became disabled.[4] A reduction must be made in your monthly Social Security Disability Benefits payment to comply with this rule. Both benefits are added together, and if the benefits exceed the eighty percent of an individual’s past earnings, the excess is deducted from the Social Security Benefits. The Social Security benefits will be reduced until the month they reach age sixty-five or the month your other benefits stop, whichever comes first. If a person’s worker’s compensation claim ends in a lump sum payment instead of continued monthly benefits, the amount of the Social Security Benefits the person and person’s family receive may be affected.[5] The continued monthly Social Security payment may stay the same or increase at some point after depending on the amount of the lump sum payment.

The most important issue is to keep the Social Security Administration up to date with your Worker’s Compensation claim and any changes that may occur. It is very important to tell the Social Security Administration if the amount of your Queens workers compensation or Brooklyn workers compensation payment increases decreases or stop in order for them to pay you accordingly and not less or more than you are eligible for. In conclusion the simultaneous payment of both Queens Social Security Disability and Queens Worker’s Compensation benefits is lawful and permitted.

State Island Workers Compensation Attorney and Social Security Disability Attorney make you to comprehend and to get Social Security Disability benefits and Workers Compensation benefits simultaneously.