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.

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.