Can I Obtain Social Security Disability for a Work Injury?

Posted on behalf of Dayes Law Firm PC on Nov 29, 2018 in SSD

back injury in construction workDid you know you might be able to obtain Social Security Disability benefits after a workplace injury?

If the injury is severe and long-lasting, you may be eligible for Social Security Disability. However, you should review how this will affect your workers' compensation benefits.

If you were injured at work and would like more information about possibly filing a Social Security Disability claim, Dayes Law Firm PC can help. Our experienced Social Security Disability attorneys in Phoenix can review your case and explain whether you may be entitled to benefits.

Basic Requirements for Social Security Disability

There are a few requirements that you must meet to qualify for Social Security. The basic requirements are as follows:

  • You worked and earned the required number of work credits
  • You have a medical impairment that qualifies under the Social Security Administration’s definition of disability
  • You cannot work due to this disability

The Social Security Administration (SSA) considers a person disabled if he or she has a recognized impairment, cannot perform the work he or she did before, cannot adjust to other work because of the medical condition and the disability is expected to last for at least 12 months or result in death. The SSA does not provide benefits for partial disability or short-term disability, unlike the workers' compensation system.

You may still qualify if you are able to work, but you cannot be earning more than $1,180 per month, based on 2018 income guidelines. Also, your disability must significantly impact your ability to perform basic work like lifting, walking, sitting, standing or remembering.

Certain disabling conditions are included in the SSA’s Blue Book Listing of Impairments. If you meet the criteria in one of these listings, you automatically qualify for benefits.

Your benefits continue until you are able to return to work and work on a regular basis.

How Does This Affect Workers’ Compensation?

If you receive Social Security Disability benefits and workers’ compensation, your Social Security Disability benefits may be reduced. The maximum amount of benefits (workers' compensation and Social Security benefits for you and all members of your family) cannot exceed 80 percent of your average current earnings.

If your total benefits exceed the 80 percent threshold, your Social Security benefits will be reduced by any overage. For example, if 80 percent of your average current earnings is $3,000 and your total benefits would equal $3,500, your Social Security benefits will be reduced by $500.

Contact a Social Security Disability Lawyer for a Free Case Review

If you were injured at work and would like to learn more about filing for Social Security Disability benefits, the experienced legal team at Dayes Law Firm PC can help. We can review the information surrounding your injury and determine if you may be able to file a Social Security Disability claim.

We work on a contingency fee basis, so you do not pay any upfront fees and you do not owe any attorney fees unless your claim is approved. We offer a free, no-obligation case review so that you can learn about your rights.

Fill out a Free Case Review form or call us at 1-800-503-2000.

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