Can you receive Social Security Disability and Workers’ Compensation Benefits?

Attorney D. Scott Gordon > Frequently Asked Questions > Social Security Disability > Can you receive Social Security Disability and Workers’ Compensation Benefits?

Yes, but ….

If an employee on workers’ compensation also meets the Social Security Administration’s disability definition, the SSA typically will consider Workers’ Compensation benefits as a potential offset to Social Security Disability Benefits. Not every disabled worker can recover full benefits under both statutes. The basic rule is that the combined amount of Workers’ Compensation and Social Security Disability benefits may not exceed 80% of an employee’s peak earnings year in a five year period prior to the onset of disability. For example, a worker who earned $40,000 per year may not receive more than $32,000 (or $2,667 per month) in combined Workers’ Compensation and Social Security Disability Benefits. If that worker receives $2,000 per month in workers’ compensation benefits, Social Security Disability will pay only $667 in additional benefits to match the 80% offset rule.