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Disability Compensation Rates
The complex process of claiming for Social Security benefits has made many claims get denied upon initial application. Additionally, the complicated rules and regulations have confused many claimants with the amount of benefit they are entitled to receive. They are often confused whether they are still entitled to receive Social Security disability benefits if they are already receiving worker’s compensation.
Generally, if you are receiving other government benefits such as worker’s compensation, or pensions based on work not covered by Social Security, the Social Security disability benefit you and your family will receive may be reduced. However, disability payments from private sources, such as private insurance and pension benefits, do not affect your Social Security disability benefits. Hence, a worker receiving worker’s compensation is still eligible for social security benefits. Often, the disability compensation rates you will receive is the full amount regardless of the compensation paid and in other instances there is a partial setoff.
Gaining more
It is generally mandated that there must be an application of a schedule of ratings of reductions in earning capacity from specific injuries or combination of them. Basically, the ratings are based on the average impairments of earning capacity resulting from the injuries in civil occupations. On the other hand, eligible claimants may as well increase their compensation rates in instances like:
• if you have serious disabilities or loss of limb(s)
• if you have spouse, dependent children and parents
• if your spouse is seriously disabled
The combined Social Security and worker’s compensation disability compensation rates are equal to eighty percent of the gross income you were earning before you become disabled. If the total amount of these benefits exceeds eighty percent of your current earnings, the excess amount is deducted from your Social Security benefit. The manner in which the amount of your income is determined before you become disabled is different in both compensation benefits. The Social Security Administration may pro rate the amount of your compensation at the same disability compensation rates that you were receiving worker’s compensation wage benefits before the settlement.
Under the law, your disability benefit compensation cannot begin until you have been disabled for at least five months. When the Social Security Administration tells you that you will be receiving disability benefit payments, the notice explains how much disability compensation you will receive and when your payment will start. If you want your claim to be successful, it may be in your best interest to ask for the legal assistance of experienced Social Security disability lawyer. Only when you have a lawyer by your side will you feel more confident in pursuing your claim.
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National Organization of Social Security Claims Representatives
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