Can I Receive Both Minnesota Workers Compensation and Social Security Disability?

The short answer is YES, in most instances you can receive both but there are many variables that are extremely complex.

In 1965 the Social Security Act was amended requiring that SSDI benefits be reduced when the injured worker is simultaneously eligible for periodic or lump-sum workers' compensation payments.  The effect is that the total combined amount of workers' compensation and Social Security disability benefits can not exceed 80 percent of the worker's average current earnings.  If they do, there may be a reduction of benefits.

In most instances where a client settles his/her workers compensation case, the lump sum settlement is divided over the employee's life expectancy.  It's important that this language is contained in any settlement documents if you are or intend to apply for Social Security Disability benefits.  This language in most cases allows you to receive a lump sum payment and most or even all of your regular Social Security Disability payment.

If you have sustained a work related injury and are or intend to receive Social Security Disability benefits, it's important to contact the attorneys of Atkinson Law Office to determine whether we can help maximize both of your benefits.  We provide FREE consultations and work on a contingent basis.  This means you will never personally pay us a retainer or write Atkinson Law a check for providing you with legal advice or representation in your workers compensation or Social Security Disability matter.  Visit our website today at Atkinson Law Office or call 651-333-3636.  Our team provides legal representation to clients across Minnesota and the surrounding states.

Can I Collect Minnesota Workers Compensation AND Social Security Disability?

YES you can depending upon why you received workers compensation benefits and why you were awarded social security disability benefits.  We frequently have clients with workers compensation injuries who later qualify for social security disability benefits.  In fact, we use some of the same information and evidence to support both claims. 

The Social Security Administration (SSA) allows for the simultaneous receipt of medical and disability benefits with workers’ compensation benefits.  There is a limit though of up to a maximum of 80% of the employee’s average current earnings (ACE) at the onset of an injured workers disability. The Social Security Administration will, however, “offset” or reduce SSDI payments if the combination of workers’ compensation and social security benefits exceed 80% of the ACE.

The attorneys at Minnesota Disability and Atkinson Law Office have tried hundreds of cases to hearing before BOTH Minnesota Workers Compensation judges and ODAR SSDI Law Judges throughout Minnesota.  We have a dedicated and experienced support staff waiting to assist you with your claim.  With over 20 years experience each in working with injured and disabled claimants, we are here to help.  There is NEVER a fee unless we recover benefits for you.

Attorney's Tom and Kerry Atkinson provide personal experience to you with your cases and can assist you with the coordination of your benefits.  Call today for a free consultation.  651-333-3636 and visit our website for additional information today.  www.mndisability.com