When you’ve been hurt on the job, the very first thing to do is inform your supervisor of your injury and file a workers’ compensation claim and get work comp temporary disability checks, and a settlement for permanent partial disability; but what if you need to apply for social security disability too, how will you be affected? Trying to figure out your benefit options in general is already confusing enough as it is. Navigating these tricky waters while adding social security benefits to the mix can be downright overwhelming, so let’s break it down.

Will My Social Security Benefits Be Affected?
If you have to miss work due to your injury and receive both compensation for lost wages and social security disability checks at the same time, your social security benefits will be reduced in most cases. Social Security Disability insurance (SSDI) is funded by the social security tax, and you are able to collect both in some cases, usually up to 80% of your previous average income. You might qualify for SSDI if you:

  • Are completely incapable of working for a year or more
  • Can prove that you are disabled with medical documentation
  • In addition to the disability, you are unable to find work because of age, education, or impairment, or have a fatal condition
  • Have enough work credits to have put money toward social security, which is usually at least five years of full-time employment within the last ten years.

What If My Injury Prevents Me From Working?
If you are unable to return to work because of lasting effects from your workplace injury, then it can be a good idea to apply for Social Security Disability benefits in addition to your workers’ comp claim. If you do so, you should know:

  • Any disability payments you get through your workers’ comp case might decrease your SSD benefits either now or in the future depending on your income and your state law
  • To lessen or altogether remove the effect that your workers’ comp settlement has on your Social Security Disability benefits, you need an experienced work comp lawyer who can adjust the language of the settlement paperwork before the settlement is final and signed.
  • Never agree to a settlement without having a free consultation with an attorney.
  • Having a lawyer in these cases is important not only for the settlement amount, but also to get help structure your settlement in a way that reduces the likelihood of any reduction in current or future Social Security Disability benefits.
  • The advantages of collecting SSDI benefits and workers’ compensation benefits vary between states and are complicated.
  • If you have a private disability insurance policy or pensions, it will not affect the amount you can collect in SSD benefits.
  • Winning or settling your workers’ compensation claim does not mean that you can’t move forward with a Social Security disability claim.
  • It can sometimes take months or years for a social security disability claim to be approved, so file your claim as soon as possible.

How Do I Apply For SSDI?
There are three different ways you could apply for Social Security Disability Insurance.

  • Apply online at ssa.gov – do NOT apply through other private websites
  • Call the SSA customer service line at 1-800-772-1213.
  • Apply in person at the nearest Social Security field office, by appointment.

In Missouri, an experienced work comp attorney can help protect you from losing your social Security benefits you’ve earned.

If you have a work comp claim and think you may need to apply for Social Security, contact an attorney to help you with your disability claim and workers’ compensation questions. Don’t delay, schedule your free consultation today.