Are You Unable to Work?
In many cases, a person applies for Social Security Disability (SSD) benefits because he or she suffered an injury at work or has a job-related illness. Due to the condition, the person may be unable to work. If you fall into this category, you should not hesitate to apply for both South Carolina workers’ compensation benefits and SSD benefits.
A lawyer from Harrison, White, Smith & Coggins, P.C., can answer any questions you may have about these benefits and ultimately help you through the complex process of obtaining them.
S.C. Workers’ Compensation Benefits
If you have suffered an on-the-job injury or illness, you could be eligible to apply for workers’ compensation benefits in South Carolina. These benefits can pay for medical treatment you will need.
Also, if your disability prevents you from working for more than seven days, you could be compensated for up to 66 2/3 percent of your average weekly wage (subject to certain limits on the maximum amount you can receive).
Social Security Disability Benefits
In addition to seeking workers’ compensation benefits, you can be eligible to receive SSD benefits if you are unable to engage in any “substantial gainful activity” due to a medically determinable physical or mental impairment that:
- Is expected to result in death, or
- Has lasted or will last for 12 consecutive months.
Keep in mind: At least five months must pass from the time your disabling condition arose to the time you can start to receive SSD benefits. If you are unable to work because of your condition, workers’ compensation benefits could help you get through this five-month waiting period. You also can collect workers’ comp benefits while your case is being appealed.
What Happens if You Receive Both SSD and Workers’ Compensation Benefits?
At Harrison, White, Smith & Coggins, P.C., we often receive inquiries from individuals who believe they cannot collect both SSD and workers’ compensation benefits at the same time. That simply is incorrect.
In fact, you can collect both kinds of benefits at the same time. However, the amount of SSD benefits that you are eligible to receive will be affected by your workers’ comp benefits.
The Social Security Administration (SSA) will add the total amount of SSD and workers’ compensation benefits that you receive per month. If that total exceeds 80 percent of your average current earnings before you were disabled, then your SSD benefits will be reduced by that excess amount.
Here’s an example provided by the SSA:
You earned $4,000 per month before your disability arose. As a result, you would receive roughly $2,200 per month in SSD benefits. If you also receive $2,000 per month in workers’ comp benefits, then your total amount of benefits is $4,200. This would be $1,000 more than 80 percent of your average earnings before your disability, or $3,200. So, your SSD benefits would be reduced by $1,000 and come out to $1,200 per month.
Certain other types of benefits that you receive will have no impact on your SSD benefits. These benefits include:
- Veterans’ benefits
- State and local government benefits
- Supplemental Security Income benefits
- Private disability insurance coverage payments
Talk to a South Carolina Lawyer about Receiving Benefits if You Are Unable to Work
A lawyer from Harrison, White, Smith & Coggins, P.C., can walk you through the process of applying for and obtaining both Social Security Disability benefits and South Carolina workers’ compensation benefits. Simply contact us today to schedule a free consultation. We only charge for our services if you are approved to receive the benefits that you need and deserve.
For More Information
- Workers’ Compensation in South Carolina, S.C. Workers’ Compensation Commission