No, this is not true. Your workers’ compensation benefits may affect the amount of your SSD benefits, but you should still apply for SSD with the assistance of an attorney, who understands both programs well.
The claim that a workers’ compensation settlement means you cannot get SSD is one of several myths about SSI and SSD benefits.
If you receive workers’ compensation payments, or other disability benefits, this money may be counted against any SSD benefit you may receive. This is known as the “workers’ compensation offset.” An offset is applied if your total disability benefit – which includes workers’ comp and any other public disability payments – exceeds 80 percent of the average weekly wage you earned before you became disabled.
Public benefits that may add to an offset include federal, state, and local disability payments; but certain federal programs are exempted. Exempted programs include Veterans Administration benefits, Railroad Unemployment Insurance Act (RUIA) illness benefits, Black Lung Part B benefits, and several others.
The offset of benefits continues until you turn either 62 or 65 years old, depending on when you became entitled to benefits.
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If you have become disabled by an occupational accident or illness, a Ginarte law firm benefits attorney can help you structure your workers’ compensation settlement so that the SSD workers’ compensation offset has the least impact possible on your SSD benefits.