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Should I Apply For Social Security Disability While I Am Receiving Workers’ Compensation Benefits?

This question comes up all the time in my practice, and it is a good one. First, let’s distinguish the “should you” from the “can you”. Yes, you can apply for and receive Social Security disability benefits (known as SSID) while on Workers’ comp and vice versa. There are still some laws that prevent double dipping or a creation of a wind fall. If you receive both benefits, you can not receive more that a combined amount of 80% of your pre-injury wages. The government will offset, or reduce, your social security benefits to reflect a total of 80%.

So back to the question of should you apply for SSID while on Mississippi workers’ comp? Most of the time the answer from me will be “no”. Here is why.

Governmental regulations where Social Security benefits are involved will greatly impede your attorney’s ability to settle your Mississippi Workers’ Compensation claim. Workers’ comp benefits are already painfully low. The process from application for Social Security Benefits to actually receiving benefits is very slow. The likelihood of receiving these during your Workers’ Comp case is pretty low. So there is no real benefit to applying for SSID during your Workers’ Comp case, only detriment.

Most Mississippi Workers’ Compensation cases end with a lump sum settlement. Another reason to wait to apply for Social Security Disability is that you can receive much more in the long run from Social Security if your Workers’ Comp settlement documents are carefully crafted by your attorney.

Please let me know if you have any questions about this topic.

Have a great week!

Kevin

“Judge less, love more.” JKR


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