Houston Social Security
Disability Attorney

Photo of David Dopkin
Photo of David Dopkin

If I am getting workers’ compensation, can I get SSD?

On Behalf of | Apr 28, 2017 | Social Security Disability Benefits for Injuries

Previous posts on this blog have discussed how Social Security disability benefits for injuries can be a critical part of an injured Houston, Texas, worker’s plan for covering the unexpected medical expenses and lost wages following a work-related accident.

What some Texans might wonder, however, is whether they can get help through SSD benefits if they are also planning to apply for and receive workers’ compensation benefits. The short answer to this question is “yes,” because workers’ compensation and Social Security are two separate systems with their own rules and criteria. Social Security covers almost all “disabilities,” even those that happen at work, including those caused by the worker’s own negligence.

There is one very important caveat, though, although this exception might not apply to some workers. Specifically, the Social Security Administration has a rule that, when combined, SSD benefits and workers’ compensation benefits cannot replace more than 80 percent of the income a Texas worker was grossing prior to his or her injury.

In the event the combined benefits exceed the 80 percent threshold, the Social Security Administration will reduce a person’s disability benefit until the Administration’s 80 percent rule is satisfied. For example, if a person was earning $3,000 a month before an injury and is now drawing $2,000 a month in workers’ compensation payments for lost income, then the Administration will only pay $400 in disability benefits, because $2,400 is 80 percent of $3,000. The $400 limit would apply even if the disabled person is otherwise qualified for a higher benefit.