When Ohio employees become disabled due to a work accident, they may have questions about the types of financial assistance for which they qualify. For example, there are Social Security disability benefits and workers' compensation benefits, both which may be available when a disabling injury occurs. Can a person receive both types of benefits at the same time or must he or she choose one over the other?
The law says that yes, a person can apply for and receive both types of compensation simultaneously. If a person is receiving workers' comp, he or she must report this income to the Social Security office. In addition, there are some restrictions. The person can only receive up to 80 percent of the amount earned before the disability occurred. So if both SSDI benefits and workers' comp are received, the person can't expect to make the same amount of money he or she did before. One agency, either the Social Security Administration or the State, will offset the benefits to make sure this doesn't occur.
Of course, this type of situation is not always black and white. Workers' compensation is full of gray areas and some states have limitations and strict rules regarding what is acceptable in this type of situation.
When determining whether or not a person is eligible for Social Security disability benefits, the person must go through a lengthy screening process. This process includes the determination of employment, financial situation, severity of the disability and the ability to work. This can be a long and arduous process, with many applicants who are denied the first time. Those who believe they have the right to benefits may wish to preserve their legal rights.
Source: The Green Sheet Farm Forum, Social Security disability and worker's compensation, Howard I. Kossover, Jan. 24, 2013
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