Social Security Disability Temporary Total Disability Benefits and Workers’ Compensation

Attorney Blog

wheelchairCan You Collect Both Social Security Disability and Temporary Total Disability Benefits?

Yes, in Illinois you can collect Social Security Disability and Temporary Total Disability benefits at the same time with no reduction of your workers’ compensation benefits.

Many of our clients pursue both Social Security Disability and workers’ compensation cases at the same time.

If you are injured as a result of a work accident, you can file for both workers’ compensation benefits and Social Security Disability benefits. This can be because your work-related injury may prevent you from returning to your previous job. It can because of your age and lack of training to perform other work. As such you may be considered disabled under the Social Security Disability regulations (Grids) and be entitled to benefits.

The  “80% Rule”

Between workers’ compensation and Social Security Disability benefits, the Social Security Administration will allow you to collect 80% of your “Average Current Earnings” (ACE). This is called the “80% Rule”. Any combination of workers’ compensation and Social Security Disability benefits that exceeds 80% of your Average Current Earnings (ACE) will be deducted from your Social Security Disability benefits by the federal government. In other words, if you are receiving Social Security Disability benefits and workers’ compensation (Temporary Total Disability) benefits at the same time, the Social Security Administration will likely reduce the monthly amount that you receive in disability payments.

Average Current Earnings (ACE)

Your Average Current Earnings (ACE) is most easily calculated by taking the average of your five best earning years or your single best earning year in the last five years. Your ACE can also be found on the Annual Earnings Record you receive each year from the Social Security Administration. Remember your ACE is different from your Average Weekly Wage used in your workers’ compensation case.

Clients should notify the Social Security Administration if they are receiving both Social Security Disability and workers’ compensation benefits. If the government overpays your disability benefits, they will ask for repayment. This is why we always recommend using an experienced lawyer to guide you through this sometimes complicated process.   If you apply for Social Security Disability, your employer might also try to argue that you left the job market and you are not owed workers’ compensation benefits. Again, having an attorney who is knowledgeable in both workers’ compensation and Social Security Disability law is important to ensure you are protected and receive the maximum benefits under the law.

At Woodruff Johnson & Evans Law Offices, we can assist you with all aspects of your SSDI claim and related issues, including, but not limited to:

Read our Social Security Disabilities FAQ’s  or follow this link Social Security Overview for more details. Fill out our Contact Form today, or call (630) 585-2320 to speak with an attorney.

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