Social Security Disability Benefits
If you are receiving workers’ comp after a workplace injury, you may want to know if you are also entitled to social security disability benefits.
Question:
Am I entitled to social security disability benefits if I also receive workers’ comp?
Answer:
Clients often ask if, in addition to Workers’ Compensation benefits, they are entitled to other benefits as an injured employee. First of all, it’s important to understand that you typically can only receive one type of benefit at a time, if a claim has been filed under Workers’ Comp. If you have a claim under California Workers’ Compensation and they are paying you benefits, for the most part, that’s going to be your benefit related to that injury.
If during 
your injury you realize that you’re not going to be able to go back to work and that you want to seek additional benefits for when your Workers’ Compensation claim is over, you are sometimes able to file a claim for Social Security Disability benefits both through the Federal government as well as here within California. Sometimes, in addition to Worker’s Compensation benefits, you also might be entitled to short-term disability payments, as well as long-term disability payments. There’s a lot of options and a lot of issues as to what benefits you’re entitled to and when you’re entitled to them.
It’s not the easiest area of the law for people to navigate on their own. If you have any questions as to what impact your Workers’ Compensation claim has on other benefits outside of California Workers’ Compensation law, please feel free to give me a call. I’d be happy to answer those questions for you.
Social Security Disability Insurance and workers’ compensation are separate programs with different disability standards. California workers comp attorneys can coordinate the industrial settlement with federal benefit reporting.
Different Eligibility Tests
Workers’ compensation can pay temporary or permanent benefits for work-caused impairment. SSDI generally requires sufficient insured work history and a medically determinable condition expected to prevent substantial gainful activity for at least 12 months or result in death. The condition need not be work-related, and a workers’ compensation disability rating does not decide the federal claim.
Medical and Vocational Evidence
SSDI considers diagnoses, objective findings, functional limits, treatment, age, education, and work history. Describe how long the person can sit, stand, walk, lift, concentrate, and maintain attendance. Provide consistent medical records and an accurate account of all conditions, not only the industrial injury.
Offsets and Settlement Language
Workers’ compensation payments can reduce SSDI under federal offset rules. Settlement allocation language may affect the calculation but must accurately reflect the agreement and governing law. Report the settlement to Social Security and keep the award, fee order, payment history, and medical-expense allocation.
Medicare and Future Care
SSDI eligibility can lead to Medicare after the applicable waiting rules. A workers’ compensation settlement that closes future medical care may require consideration of Medicare’s interests in an appropriate case. Medicare is not a substitute for properly allocating industrial medical responsibility.
Consistent Benefit Statements
Workers’ compensation, unemployment, SDI, retirement, and SSDI forms can ask different questions about ability to work. Answer each accurately and explain restrictions rather than making contradictory absolute statements. Notify programs of changes and avoid duplicate wage-loss payments.
Common Questions
Does permanent disability guarantee SSDI?
No. The legal standards and evidence differ.
Can I apply before the compensation case ends?
Potentially. Do not miss a federal application or appeal deadline while waiting for settlement.
Who handles the federal appeal?
Representation scope varies. Confirm whether workers’ compensation counsel also handles SSDI and whether a separate agreement is required.
Keep all Social Security notices and use current official SSA instructions for applications and appeals.
Application and Appeal Records
Keep the application, work-history report, medical releases, consultative examination notices, decisions, and proof of each appeal. Social Security deadlines are independent from WCAB dates. A denial can often be appealed, but missing the federal deadline may require starting again or showing good cause.
Update addresses and report work attempts, earnings, medical improvement, and other benefits. A supported trial work or return-to-work effort should be reported under current SSA rules rather than concealed.
Workers with dependent family members should also ask SSA about auxiliary benefits. Eligibility and amounts depend on the federal record; do not infer them from a compensation award. Preserve marriage, birth, and dependency documents if requested.
Use current SSA forms and keep confirmation numbers for every submission.
Are you or a loved one in the process of filing an employment claim in California and have questions about social security disability benefits? Contact the experienced California employment law attorneys at the Myers Law Group today for a free consultation and case evaluation.
We can help get your life back on track.
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