6 Vital Tips Michigan Workers Need to Know about Workers Compensation and Social Security Disability Benefits!
We have helped thousands of workers compensation clients receive the benefits they deserve and have been successful using the following tips:
1. Can you get both Social Security Disability benefits and Workers Compensation benefits at the same time? Yes, if you qualify for both benefits. Your Social Security Disability benefits may be reduced if you are receiving Workers Compensation benefits. As a rule, the combination of Social Security Disability benefits and Workers Compensation benefits can’t be greater than 80% of your average weekly wage.
2. If I am getting Workers Compensation benefits because I can’t work at my job shouldn’t I also be entitled to Social Security Disability benefits? Not necessarily, the test for disability under the Social Security law is different, typically with certain exceptions you must be unable to do any job that exists in the region, not just your usual job.
3. If I settle my Workers Compensation case will my Social Security benefits be affected? You may redeem or settle your Workers Compensation case and still continue to get your Social Security Disability benefits, in fact in many cases your Social Security benefits may actually increase in the monthly benefit amount.
4. What if my medical condition improves and I go back to work? If you are able to return to work at a job equal to the pay you were getting when you were injured you typically will no longer get Workers Compensation benefits. However, if you were getting Social Security disability benefits for more than one year you may with certain exceptions continue to receive benefits during a nine month trial work period while you attempt to work.
5. How will unemployment benefits affect my Workers Compensation or Social Security Disability benefits? If you receive unemployment benefits Michigan law allows those benefits to be deducted from your Workers Compensation benefits, therefore your Workers Compensation benefits will be reduced. However, receipt of unemployment benefits does not automatically preclude you from getting Social Security Disability benefits.
6. Will I lose my vested pension benefits if I settle or redeem my Workers Compensation case or get Social Security disability benefits? Your vested pension benefits as a rule won’t be affected by a settlement of your Workers Compensation case or by receipt of Social Security Disability benefits.