Can I Simultaneously Receive Workers Compensation and SSD Benefits in Ohio?
Many people assume that they cannot receive Social Security Disability (SSD) benefits while receiving workers’ compensation payments. However, the same is not true. It is possible to receive both these payments at the same time. But, navigating through and receiving these payments simultaneously can be tricky. Some important information related to receiving both the benefits at the same time is explained in this blog.
Can I Claim SSDI While On Workers’ Compensation in Ohio?
In short, the answer is “yes.” You can apply for SSDI while on workers’ compensation in Ohio. However, it is important to understand that SSDI benefits are received under federal law and compensation for occupational injury or illness is received under Ohio’s state law. Thus, the benefits are received under two different systems. While claiming SSD benefits, your payments received under workers’ compensation are accounted for and the amount under SSDI is reduced proportionately.
To minimize the impact of workers’ compensation payments on your SSDI benefits and to ensure that you receive the maximum amount possible, it is better to work with an experienced Ohio workers’ compensation attorney.
Types of Injuries Covered
One may be eligible for both SSDI and workers’ compensation benefits if they experience any of the following job-related health conditions:
- Post-traumatic stress disorder (PTSD)
- Amyotrophic lateral sclerosis (ALS)
- Vision or hearing loss
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Parkinson’s disease
- Cerebral palsy
- Multiple sclerosis (MS)
Calculation of SSDI Benefits
While calculating the SSD benefits one may receive simultaneously with workers’ compensation payments, a “workers’ compensation offset” is applied. According to federal law, if a person receives both workers’ compensation and SSD benefits, the total amount cannot be more than 80% of his or her average current earnings, before the person became disabled. Thus, an offset is applied proportionately.
This means that while claiming both SSD benefits and workers’ compensation payments, a person can at most receive 80% of what he or she used to make when fully employed. However, workers’ compensation offset does not apply if one is receiving Social Security Retirement benefits, Veterans Administration benefits, or Supplemental Security Income (SSI). Certain other aspects such as “total family benefit” are also considered while calculating the maximum amount receivable.
How Can One Maximize SSDI Benefits?
The following are some common approaches that can be used to increase SSDI benefits:
Certain payments such as rehabilitation fees, attorney’s fees, dependents’ benefits, and Medicare can be deducted while calculating total disability benefit.
Claiming Retirement Benefits
After reaching the retirement age of 62, one may be able to claim Social Security Retirement benefits. These payments do not impact workers’ compensation payments.
Lump Sum Payments
The SSA looks at a workers’ compensation lump sum settlement as the total amount of the benefit, and how it is paid out is not considered. Properly structuring the settlement through a lump sum payment may be helpful in maximizing SSD benefits.
Taking Help From Experienced Ohio Workers’ Compensation & SSD Attorneys
Our team of attorneys at Ziccarelli & Martello have years’ of experience in dealing with both workers’ compensation and Social Security Disability benefits. We successfully and passionately help our clients in applying for and receiving both the payments. Contact us today for a free consultation on how you can maximize your claims.