Contemporaneous Workers’ Compensation and Social Security Disability Benefit

David Gantt is a North Carolina Board Certified Specialist in Workers Compensation Law. He represents individuals in matters regarding workers’ compensation and Social Security disability benefits matters. Contact David Gantt at 828-252-2852 to schedule a consultation about your unique circumstance.

Transcript of Video

Yes, you can draw workers’ comp and Social Security at the same time. There is an important limitation on that rule. The public policy for Social Security is that there is no way that the government wants you to get more money for not working than for working if you can work. So there is a limit. If you take what you get in workers’ comp, which is two-thirds of what you were making, and you put Social Security on top of that, you might get more than you got before you got hurt. Social Security does not want that to happen. So the Social Security Administration has put in 80% limit on how much you can get. If you are drawing two-thirds of your money, or 66%, in workers’ comp you just have a very little bit left to get to that 80%. So anything over 80% Social Security will take back and keep. So there is a limit. It’s a complicated area. There is a way to settle your workers’ comp case and get both 100% of your Social Security check and get a settlement workers’ comp. I would recommend that you talk to a lawyer that is familiar with this area because it is a complicated area and you have to be extremely careful when you’re doing your settlements.