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Can I apply for Social Security Disability Insurance while I’m receiving New York workers’ compensation benefits?

It's possible to receive both SSDI and workers' comp benefits.Yes. If you’re receiving workers’ compensation benefits for a workplace injury or occupational illness, you may also be entitled to collect Social Security Disability Insurance (SSDI) benefits if you qualify for the program. However, it’s not often that people are approved to receive the full amount of both workers’ comp and SSDI benefits at the same time. If you exceed the maximum allowed benefits, your SSDI benefits may be reduced in what’s known as an “offset.” Here’s what you need to know—and how the skilled attorneys at O’Connor Law PLLC can help you secure the benefits you deserve.

SSDI and Workers’ Compensation

Though both provide benefits for individuals unable to work due to an injury or illness, SSDI and workers’ compensation are two very different programs. For example, SSDI is a federal program administered by the Social Security Administration (SSA), while workers’ compensation is a state-run program with completely different guidelines. Despite their differences, with the help of an experienced attorney, it’s possible to coordinate the programs to receive benefits from both.

Qualifying for Benefits

Qualifying for workers’ compensation income replacement benefits is simple. You must have been out of work for seven or more days due to an occupational illness or on-the-job injury. Qualifying for SSDI benefits is much, much more difficult. Your medical condition must meet the SSA’s very specific definition of disability and have lasted—or be expected to last—for a year or longer. This may not sound like such a tall order, but when you factor in the difficulty of the SSDI application process and the fact that the majority of applications are denied in the initial phase, it certainly can be. Fortunately, our attorneys can help.

Understanding Social Security Offsets

When receiving both workers’ comp and SSDI payments, the total amount you receive in benefits cannot exceed 80 percent of what you made while fully employed. If the SSA determines that collecting full benefits from both programs goes over the maximum allowance, they may reduce your SSDI payments accordingly.

Let Us Help You Fight for Benefits

Are you disabled after suffering an injury on the job? We can help. At O’Connor Law PLLC, our accomplished attorneys deftly handle both workers’ compensation and SSDI cases. We’re ready to put our considerable knowledge and skill to work for you. Contact us today to schedule an appointment for a free initial consultation to learn more.


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