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

How Do I Testify At My Social Security Disability Hearing?

In short; truthfully!  This is probably your last chance to convince a office of disability and review (ODAR) judge that you are able to perform sustained gainful employment.  This is not the time to be too proud or boastful due to embarrassment.  I have watched disabled clients who are simply too proud to admit how tragically difficult their lives have become, how little they can help out at home or how close they are to becoming homeless due to their inability to work.  Your hearing is NOT the time to impress others (ODAR judges) about how great your wish your life was or is.

Tell the truth!  If you eat peanut butter and jelly sandwiches because cooking is too painful tell the judge and your doctors.  If you wear the same clothes for weeks on end because it's too painful to walk up or down the stairs to wash laundry, tell the judge and your doctor.  If you lay in bed with the lights off wishing that you were dead, tell the judge and your doctor.  Your life is not being judged, your success or failures are not being judged, YOU are not being judged.  Only the nature and extent of your disabilities will be judged.  Tell the truth, the whole truth and please know that thousands of others are in the same shoes as you.

At Atkinson Law Office and Minnesota Disability we will help you with your social security disability claim as much as possible.  We can help you from the initial application all the way through your hearing.  Unlike the vast majority of law firms and agencies, you will also work with licensed and experienced social security disability attorneys rather than clerks, secretaries and receptionists.  Please call us today to discuss your possible social security disability claim.  Please call today for a free consultation; 651-333-3636.  We represent client across the entire Midwest including, Minnesota, Wisconsin, North Dakota and Iowa.  At Minnesota Disability we are prepared to served injured and disabled workers.

How Long Must I Wait For My Social Security Disability Decision?

In 95% of all social security disability claims, benefits can be awarded in one of three phases of the application process; Initial Application, Reconsideration or ODAR (Office of Decision And Review) Hearing. 


If you received a favorable decision on your initial application or reconsideration, congratulations, your benefits will start as soon as the paperwork is processed.   You back benefits will likely be paid in a lump sum and your benefits will probably start within 30-90 days, assuming that you have completed the 5 month elimination period.

If your claim went through a hearing with an ALJ, you may have to wait longer.  Many ALJ’s in the Minneapolis and out state Social Security hearing offices take about 1-3 months to issue their written decisions.  When the decision is favorable, the claim file is then sent to the payment processing center, where it can take another 1-3 months for current benefits to start.
In some situations, Social Security issues current monthly benefits, but not the back payments.  This is because they need to investigate if you received any Supplemental Security Income (SSI) benefits.

Social Security does not have any specific rules on when they will pay you after being approved, but if you have not received your benefits 60 days after your hearing, give your attorney or the local ODAR office a telephone call.

If you are currently in the process of applying for Social Security Disability, please contact Minnesota Disability and Atkinson Law Office today for a FREE no obligation appointment.  There is NEVER a fee paid directly by you for representation.  Any fees will be paid from a small portion of the PAST benefits recovered.  Call today 651-333-3636 

Social Security Disability Appeals Process Changed

Following a new ruling, a claimant can no longer file an appeal with the Appeals Council and file a new claim at the same time.  The new ruling only applies to claims for the same type of benefits that are being appealed.

If you have a pending Social Security Disability claim and lost at hearing, you cannot refile for disability benefits, if your chose to appeal to the Appeals Council.  Prior to the enactment of this rule claimants were permitted to appeal the decisions of a Social Security Administrative Law Judge while simultaneously refiling a new Initial Application.  The change requires careful consideration of whether to appeal or simply refile.

If a claim is denied by the Social Security Appeals Council, the claimant then has the right to file a new application for social security disability benefits.

Social Security law changes can occur quickly and with little notice.  It's important to have an experienced attorney represent you from the inception of your claim.  At Minnesota Disability and Atkinson Law Offices P.A. we are ready to represent you at any point in the application process up through the hearing.   You can contact our office locally at 651-333-3636 and 1-800-933-5619.  You will have a local attorney and professional paralegal to assist you throughout the process.

Minnesota & Wisconsin Social Security Disability Experts

If you have a disability, then you may be eligible for Social Security Disability (SSD or SSDI) or Supplemental Security Income (SSI) benefits.  In order to receive these benefits, the Social Security Administration requires that you prove you are unable to work due to a medical condition that will last for at least one year in duration, or that will ultimately result in death.  Our expert attorneys and staff have years of experience in helping you obtain the medical support you need.

We know that the applying for benefits and proving your claim can be extremely difficult and frustrating.  Any mistakes in your application and failure to meet certain deadlines and complete paperwork required by the Social Security Administration can delay your receipt of benefits or in the worst case scenario lose your case.

Statistics clearly show that you are more likely to win your case with the help of a skilled disability attorney. The attorneys and staff at Minnesota Disability are ready to assist you with you claim.  You may question whether you can afford a disability attorney.  Minnesota Disability will never charge a fee unless you win.  Though we do not provide free help with Social Security cases, should we agree to represent you, we will never ever charge a fee unless you win your case.  After our client wins we are usually paid a limited fee by Social Security out of our client’s past due benefits. The fee is limited to twenty-five percent of the past due benefits with a limit by Social Security. If there are no past due benefits then we do not charge anything for our legal services.

Please contact attorney Tom Atkinson at Minnesota Disability today at 651-333-3636 or toll free at 800-933-5619 or visit our website www.mndisability.  We represent clients in disability claims in Wisconsin, Minnesota, Iowa, North Dakota and South Dakota.  Call Today!

Minnesota Social Security Disability Lawyers. I'm Confused, Who Should I Choose?

Your doctor, family members or even you have come to realization that you may never be able to return to work due to a serious injury or illness.  For years you have been unknowingly paying FICA "insurance" to protect you should health conditions prevent you from continuing to work.  YES we all have this deducted from our paychecks without even knowing it in most cases.  Please try not to be embarrassed because nobody in our office will shame you for your difficulties.  Instead contact an experienced Minnesota social security disability attorney with Minnesota Disability.

Our social security disability lawyers are experienced in helping individuals plead their disability cases and can help steer your application in the right direction regardless of whether you have never applied for benefits or even if your claim has been denied.  The attorneys at Minnesota Disability are licensed and experienced lawyers rather than merely representatives.  We promise to speak honestly with you about whether you claim has a high probability of success.  Don't fall for disability mills that advertise on daytime or evening TV and who take just about ever application that comes their way regardless of the merits.  We have a very high success rate because we provide one on one attention to every disability claim in our office.  Contact our office today to schedule a FREE consultation with one of our lawyers.  We represent individuals throughout Minnesota and in all neighboring states.  Please visit us at www.mndisability.com or call today at 651-332-8717.