Michigan lawyer explains how you can collect Social Security Disability and workers’ compensation at the same time.
Our lawyers want you to know about all potential disability benefits. You can collect Social Security Disability and workers’ compensation at the same time. Here is some information about each benefit and how to maximize what is paid. Please remember that every situation is different, so it is best to speak with a lawyer about your own potential case. There is never a charge to evaluate a case and you only pay if you win.
Social Security Disability
Social Security Disability pays monthly benefits to individuals who cannot work because of sickness or injury. You can qualify for disability benefits under two separate programs. It does not matter how the sickness or injury started.
The first program is commonly known as Social Security Disability Insurance (SSDI) and eligibility is based upon past work credits. When an individual is working and paying taxes, he or she is essentially buying disability insurance through the federal government. The amount received will be based upon what you have paid into the system. Medicare is also available under this program.
The Social Security Administration will reduce your monthly amount if combined disability payments exceed 80% of average current earnings. You can avoid this offset by prorating a workers’ comp settlement over life expectancy.
The second program is Supplemental Security Income (SSI) and eligibility is based upon financial need. Even if an individual has paid very little taxes or never worked before, he or she may qualify for monthly payments when certain income and asset restrictions are met. Individuals on SSI typically qualify for Medicaid.
Workers’ comp is a type of insurance that employers in Michigan are required to purchase. It is intended to protect you in the event of a work injury. You can get wage loss, medical treatment, and vocational rehabilitation. Disability must arise because of workplace activities.
Individuals on workers’ comp should receive 80% of their after-tax average weekly wage. This includes money for overtime, discontinued fringe benefits, and second jobs. There is no offset for Social Security Disability.
Medical is also paid 100% without co-payments or deductibles. This only covers treatment for your work-related injury and is not health insurance.
Can you collect both Social Security Disability and workers’ compensation at the same time in Michigan?
You can collect both Social Security Disability and workers’ compensation at the same time in Michigan. However, there could be an offset and tax consequences. You can avoid problems by settling workers’ comp for a lump sum cash payment. This money can be prorated over your lifetime and will ensure maximum dollars are paid. You should also make sure that a Medicare Set-Aside is established so medical treatment is not interrupted.
Can you collect Social Security Disability and workers’ compensation at the same time? The answer is ‘yes’ but timing is very important so make sure to speak with an experienced lawyer right away. Avoid offset with a settlement. This will ensure that Social Security Disability benefits are paid.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.