Can I Receive Disability Benefits After a Workers’ Compensation Settlement?

A serious workplace accident can derail your future, altering the plans you’ve made for the years ahead. While you never could’ve imagined this new reality would be yours, you’re certainly not the first person to find yourself here – and you won’t be the last.

That’s why certain programs are in place, offering much-needed assistance to ensure your family is provided for. But choosing the right one and navigating the claims process can quickly become complicated – and put your benefits at risk. Instead of tackling it alone, trust the experienced attorneys at Hoffman Law Firm to get your future back on track.

The Difference Between Workers’ Compensation and Social Security Disability (SSD)

Workers’ Comp insurance provides assistance to countless injured workers each year, covering all medical expenses as well as ⅔ of average weekly wages. Workers’ Comp in South Carolina is a no-fault system that only requires that the injury occurred at work. Applying for benefits may seem straightforward, but because unforeseen issues with the insurance company can arise, it’s best to have an attorney with Workers’ Comp claim experience on your side.

Social Security Disability (SSD) is a federal insurance program designed to help disabled workers who cannot return to work. To qualify, a condition must be:

  • Severe
  • Expected to persist at least 12 months
  • Thought to prevent you from maintaining gainful employment

Disability beneficiaries must also have worked enough years – and “paid into” the program for 5 of the 10 years before their on-the-job accident. Because this system is much more complex than South Carolina Workers’ Compensation, it’s important to seek assistance from a trusted attorney, like the ones you’ll find at Hoffman Law Firm.

When to Apply for Social Security Disability

Many permanently injured workers wonder if they can file for Social Security Disability benefits as well as Workers’ Compensation benefits – and if so, when? The answer isn’t a simple one, and often varies depending on the situation. In many cases, it is advisable to wait to apply for disability benefits until your Workers’ Compensation claim has been settled. That said, a number of factors must be considered, including the worker’s injury, prognosis, salary and age. 

Keep in mind that if you receive benefits from both programs, the total amount cannot exceed 80% of your average wage before your injury. For instance, if you are already receiving ⅔ of your average weekly wage from your Workers’ Comp settlement, your SSD compensation rate will be adjusted to fill the gap – up to 80% of your previous salary.

Schedule a Free Consultation Today!

Equipped with information about your medical and financial situation, your attorney can help you chart a course forward. At Hoffman Law Firm, we’ll handle all communications with the South Carolina Workers’ Compensation Commission and Social Security Administration, ensuring that disability beneficiaries get the financial assistance they deserve.

To learn more or to schedule your free consultation, get in touch today!

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