Can I file a Social Security benefits claim before my Workers’ Compensation ends?

Frequently Asked Questions

Q: I got hurt on the job. I am drawing workers’ compensation benefits. Can I file a claim for Social Security disability benefits now or should I wait until the workers’ compensation ends?

Answering your question.

Yes, you can file a Social Security Disability claim before your Workers’ Compensation ends — and for many people, you should.

Let me explain this in simple, clear terms.

What Is Workers’ Compensation?

Workers’ Compensation (also called “workers’ comp”) is a type of benefit that helps people who got hurt on the job. It can pay for:

• Medical treatment
• Lost wages
• Disability from the injury

Workers’ comp is not the same as Social Security Disability, but you can sometimes get both.

Yes, You Can Apply for Social Security Disability While Getting Workers’ Comp

You do not have to wait for your workers’ comp case to end before applying for Social Security Disability (SSD or SSDI). If your injury or illness is so serious that you can’t work for at least 12 months, or it’s expected to be permanent, you should go ahead and apply for Social Security Disability now.

Here’s why:

1. The SSD process takes time — it often takes 3 to 6 months (sometimes longer) to get a decision. If you wait until your workers’ comp ends, you could be left with no income during the wait.
2. You may get denied at first — many people are denied the first time and need to appeal. Appeals can take several more months. The sooner you start, the better.
3. You might qualify for both — it’s possible to get both workers’ comp and SSDI at the same time, though your SSDI benefits may be reduced depending on how much you’re getting from workers’ comp. This is called a “workers’ comp offset.”
   

Will Workers’ Comp Reduce My Social Security Benefits?

Yes, maybe — but not always. If the total amount you get from both benefits is more than 80% of what you used to earn, Social Security may lower your SSDI payment so that the total doesn’t go over that limit.

But even if your SSDI check is reduced:

• You still get Medicare eligibility after 24 months on SSDI.
• You still lock in your SSDI benefit for the future.

In Summary:

The application process is long, so it’s better to start sooner, not later.

Yes, you can and should apply for Social Security Disability before your workers’ compensation ends if you expect to be out of work for at least 12 months.

You can receive both benefits at the same time, though your Social Security check may be reduced a little.