• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Bross & Frankel, P.A.

Disability Benefits Lawyers

CALL US TODAY : 856-795-8880

Schedule A Free Claim Review

Main navigation

  • Home
  • Practice Areas
    • Social Security Benefits
      • SSDI Attorney
      • SSI Lawyers
      • SSD Denial Appeals
      • SSD Attorney’s Fees
      • How to File for SSD
      • When to Apply for Disability
      • Requirements for Disability Benefits
      • Qualifying for Disability After 50 and 60
      • Social Security Disability Rules After 50
      • SSDI Reconsideration
      • What Heart Conditions Qualify for Disability?
      • Disability for Neuropathy
      • Federal Disability Cases
    • Veterans Benefits
      • How to Apply for Veterans Benefits
      • Appealing Denied VB Claims
      • VA Benefit Claims
        • TDIU Benefits
    • Long Term Disability / ERISA
      • Long-Term Disability Insurance in New Jersey
      • ERISA Disability Lawyer
      • How to File an ERISA Claim
    • Workers Compensation
      • Workers Comp Benefits
      • Workers’ Comp Settlements
    • Employment Law / Employment Discrimination
    • Personal Injury
      • Car Accident Attorneys
      • Slip and Fall Attorneys
      • Pedestrian Accident Lawyers
      • Rideshare Accident Lawyers
      • Motorcycle Accident Lawyers
  • Attorney Profiles
    • Davis S. Bross
    • Richard L. Frankel
    • Jennifer Stonage
    • Elizabeth Berenato
    • Joshua Forrest
    • Mychal Giansanti
  • FAQs
  • Resources
    • Disability Qualifications
    • Simple SGA Amount for SSDI Calculator
    • New Jersey Veterans Resource Guide
    • Disability Statistics
    • Veterans Disability Benefits Calculator
    • Veteran-Owned Business Directory
    • Helping Someone Receive Disability Benefits
  • Reviews
    • Leave Us a Review
  • Our Location
    • Cherry Hill
  • Blog
  • Contact Us
  • Home
  • Practice Areas
    • Social Security Benefits
      • SSDI Attorney
      • SSI Lawyers
      • SSD Denial Appeals
      • SSD Attorney’s Fees
      • How to File for SSD
      • When to Apply for Disability
      • Requirements for Disability Benefits
      • Qualifying for Disability After 50 and 60
      • Social Security Disability Rules After 50
      • SSDI Reconsideration
      • What Heart Conditions Qualify for Disability?
      • Disability for Neuropathy
      • Federal Disability Cases
    • Veterans Benefits
      • How to Apply for Veterans Benefits
      • Appealing Denied VB Claims
      • VA Benefit Claims
        • TDIU Benefits
    • Long Term Disability / ERISA
      • Long-Term Disability Insurance in New Jersey
      • ERISA Disability Lawyer
      • How to File an ERISA Claim
    • Workers Compensation
      • Workers Comp Benefits
      • Workers’ Comp Settlements
    • Employment Law / Employment Discrimination
    • Personal Injury
      • Car Accident Attorneys
      • Slip and Fall Attorneys
      • Pedestrian Accident Lawyers
      • Rideshare Accident Lawyers
      • Motorcycle Accident Lawyers
  • Attorney Profiles
    • Davis S. Bross
    • Richard L. Frankel
    • Jennifer Stonage
    • Elizabeth Berenato
    • Joshua Forrest
    • Mychal Giansanti
  • FAQs
  • Resources
    • Disability Qualifications
    • Simple SGA Amount for SSDI Calculator
    • New Jersey Veterans Resource Guide
    • Disability Statistics
    • Veterans Disability Benefits Calculator
    • Veteran-Owned Business Directory
    • Helping Someone Receive Disability Benefits
  • Reviews
    • Leave Us a Review
  • Our Location
    • Cherry Hill
  • Blog
  • Contact Us
Call
Email
Text Us

Workers’ Compensation and SSDI Benefits: The Impacts and Implications of Receiving Both Benefits  

Published Date: Feb 06 2025 By Bross & Frankel

Workers' Compensation and SSDI Benefits

When an injured worker is receiving workers’ compensation and expects to be out of work for at least 12 months, then the worker should consider applying for benefits under the Social Security Disability Insurance (SSDI) program. But this raises an important question: does receiving workers’ compensation benefits impact your eligibility for SSDI benefits? The answer is: it depends. 

The Social Security Administration (SSA) adheres to its own rules and regulations, so it is important not to mistakenly assume that simply because you received workers’ compensation benefits, you will automatically receive SSDI benefits.  For example, a “disability” under your state workers’ compensation laws does not automatically translate to a “disability” under the rules promulgated by the SSA when assessing eligibility for SSDI benefits. Similarly, your state Workers’ Compensation Board generally does not consider SSDI eligibility when calculating workers’ compensation payments.

How NJ Workers’ Compensation Impacts Social Security Disability Insurance Payments

If you are receiving workers’ compensation benefits, the SSA will set a limit on your monthly SSDI benefit payments. Specifically, if you receive both workers’ compensation and SSDI benefits, the total amount of these benefits cannot exceed 80 percent of your average current earnings prior to becoming disabled. Your average current earnings (also known as your “ACE” rate) will be determined by SSA when you apply for SSDI benefits. Here’s an example of how the ACE rate calculation works:

Before Employee A became injured and disabled, they were earning $4,000 per month at their job. This would mean Employee A would likely be eligible for around $2,200 per month in SSDI benefits. If Employee A is receiving workers’ compensation at a 75 percent disability rate, that would translate to $461.54 per week, or $2,000 per month. Since the total amount of combined workers’ compensation and SSDI benefits (i.e., $4200) is in excess of 80 percent ($3200) of the ACE rate for Employee A ($4000), then their SSDI benefits would be reduced by roughly $1000 per month and Employee A would receive $3,200 per month is disability benefits.

It is worth noting that, in the above-described scenario, SSDI benefits are what is offset when an applicant is also receiving workers’ compensation benefits. To put it another way, workers’ compensation payments are not directly impacted or modified based upon applying for SSDI benefits. 

If a worker is receiving payments for both workers’ compensation and SSDI benefits, they should make sure to let the SSA know if there is any modification in workers’ compensation payments so the SSA can re-calculate the worker’s monthly SSDI payments. 

Impact of Settling a Workers’ Compensation Claim While Receiving SSDI Benefits

For many injured workers, if they are receiving both workers’ compensation and SSDI benefits, then a Section 20 settlement of their workers’ compensation claim may be a prudent decision. For context, a Section 20 settlement allows you to be paid a lump sum of money to resolve your workers’ compensation claim. It is considered to be a full and final settlement of the claim.  That means that, one important trade off to consider, is that you cannot “reopen” your claim in the future if your work-related injuries worsen or need more treatment that would otherwise be covered under workers compensation.  So, while a Section 20 settlement may have monetary benefit when weighing the financial impact on your SSDI claim, consulting with a Social Security and Workers compensation attorney about the facts in your claim is always the best course of action. 

It is important to know that if you want to ensure your SSDI benefit payments are not adversely impacted by a workers’ compensation settlement, then the language in a Section 20 agreement needs to be drafted precisely and in a manner that prorates your lump-sum settlement over your full lifespan. If the agreement is drafted properly, in certain instances, the SSA may actually increase your SSDI payments. Why? Because the prorated amount may reflect a decrease in your weekly workers’ compensation payments, which would thereby allow SSA to increase your SSDI benefit payments. Here is an example of how this works:

Let’s say, Employee B is 38 years old when they are severely injured and become disabled. Like Employee A, they were earning $4,000 per month at their job. They are receiving $461.34 per week (which translates to $2,000 per month) in workers’ comp payments. In light of the monthly workers’ compensation payments, Employee B’s SSDI benefits would be reduced by $1,000 per month as an offset to the workers’ compensation payments, pursuant to the 80 percent rule discussed earlier. If, on the other hand, Employee B were to agree to a settlement of their workers’ compensation claim for, hypothetically, $135,000, then it’s possible their SSDI benefits would not be impacted. 

As mentioned, Employee B is 38 years old, which means they would have a life expectancy of around 40 years. If proper language is included in Employee B’s Section 20 settlement, then the SSA could prorate the settlement over the span of 40 years, which would translate to $281.25 per month. Because Employee B’s $2,200 per month in SSDI benefits and $281.25 per month in workers’ compensation is less than 80 percent of their ACE rate ($3,200), then Employee B’s SSDI benefits would not be reduced.

However, it is important to note that this type of prorating language is typically not included by insurance carriers in proposed Section 20 settlement agreements. This is a big reason why you should retain the services of an experienced attorney who can assist in drafting a proper Section 20 agreement. 

How an Experienced NJ Disability Lawyer Can Assist You With the Link Between Workers’ Compensation and SSDI Benefits

A myriad of complex issues can arise when injured workers apply for, or receive, both workers’ compensation and SSDI benefits. This is why it is recommended you retain the services of a knowledgeable attorney who understands how both benefit programs work. When you have an attorney on your side, they can assist you with the following:

  • Compiling and reviewing medical records and wage statements 
  • Ensuring you receive maximum disability benefits.
  • Making sure both disability benefit systems have the proper information regarding your status.

By assisting you with these issues and more, an experienced SSDI attorney can put you in the strongest position possible to continue supporting your family, even if you are unable to work.

Have Questions About the Interplay Between Workers’ Compensation and SSDI Benefits? Contact an Experienced New Jersey Disability Benefits Lawyer Today

If you have questions about how a workers’ compensation settlement could impact your SSDI benefits, then it is recommended you contact a knowledgeable and experienced NJ disability benefits attorney like Bross & Frankel, P.A. We are dedicated to helping people who are unable to work due to their disabilities. With experience working at the agency level and in private practice, we possess an in-depth understanding of how the SSA works, including how to navigate a myriad of rules and regulations associated with receiving both workers’ compensation and SSDI benefits.

Headquartered in Southern New Jersey, we represent clients throughout New Jersey and the Philadelphia Metro area. To learn more or to schedule a free initial consultation with our New Jersey SSDI Lawyers, contact us online or call our office at (856) 795-8880.

Written by Bross & Frankel · Categorized: Disability, Disability Insurance, Social Security, Social Security Disability, SSD, Workers’ Compensation Claims · Tagged: disability, Social Security, Social Security Disability, SSDI, SSDI Benefits

Primary Sidebar

Primary Sidebar

Free Claim Review

Speak with an experienced Social Security Disability lawyer about your claim today.

  • Hidden
  • Bross & Frankel may use your phone number to call you and to communicate by text. We will not use your phone number for marketing and will not share your contact information outside our office for any reason. We will only use SMS to communicate with you directly and manually by a member of our staff. If you do not consent to use of SMS for direct communication, please uncheck the above box. You may opt-out by replying STOP or ask for more information by replying HELP. Message frequency varies. Message and data rates may apply. You may review our Privacy Policy to learn how your data is used.. You can read more about our privacy policy at https://brossfrankel.com/disclaimer-notices/

  • * indicates required field

  • The team at Bross & Frankel would like to stay in touch with you! Please un-check this box if you prefer to unsubscribe from receiving future company communications from the Bross & Frankel team beyond your inquiry. Thank you!

  • This field is for validation purposes and should be left unchanged.

Practice Areas

  • Social Security Disability / SSI Claims
  • Veterans Disability Compensation & Pension

  • Long Term Disability Claims / ERISA Benefits
  • Workers Compensation Claims
  • Employment Law / Employment Discrimination

Recent News

  • Explosive Accidents:  Who’s Liable for Fireworks Injuries?
  • Part-Time Work and Social Security Disability Benefits:  What You Need to Know
  • My Doctor Says I’m Disabled:  Why Did Social Security Deny My Claim?
View More Recent News

Resources

  • Musculoskeletal Disorders
  • Psychiatric (Mental Health) Disorders
  • Neurologic Disorders
  • Hepatic & Biliary Disorders
  • Cardiovascular Disorders
  • Respiratory Disorders
  • Gastrointestinal Disorders

Client Reviews

I thought I could apply for social security on my own and breeze through the process. After being denied my neighbor told me about Bross & Frenkel, so I gave them a call. Mr. Bross called me directly and took on my case.

- Pun!Kin

Rich Frankel is a great person and made me feel taken care of through all my disability issues with the VA and my employer. He is very knowledgeable of the VA disability and employment law and I thank him for all of his help.

- Bernice Williams

Very helpful for our family and helped in a timely manner.

- Bernadette Barricella Forbes

After the first interview, the process seemed to move right along. All the paperwork was filed fast and emails were sent on detailed updates. SSI is a very slow and agonizing journey, but it’s good to have representation that knows what to …

- Ernest I

Bross & Frankel, wow you guys are amazing! This has been a long tedious process and I thank you all so much for successfully representing me, I would definitely recommend you’re office to anyone!! Thank you again!

- Sandra R
View More Client Reviews

Footer

Main Office
Bross & Frankel, P.A.
725 Kenilworth Ave.
Cherry Hill, NJ 08002

CALL : (856) 795-8880

EMAIL
SSD
  • How to Apply for Disability
  • How to Appeal an Disability Denial
  • Cost of a Disability Attorney
  • Trenton Disability Lawyers
Veterans Benefits
  • NJ Veterans Benefits Attorneys
  • Veteran Disability Appeals
  • Veterans Disability Benefits Calculator
  • Philadelphia Veterans Benefits Lawyers
  • VA Nexus Letter
LTD
  • Long Term Disability Lawyers
  • How to Apply for Long Term Disability?
  • Philadelphia Long Term Disability Attorneys
Resources for Those Over 50
  • Qualifying for Disability After 50
  • Social Security Disability Rules After 50
  • Disability Reviews After Age 50
Important Information
  • Can You Work While Applying for Disability?
  • What Conditions Qualify You For Disability?
  • Difference Between SSI and SSDI
  • Can You Collect SSD and LTD?

Copyright © 2025 Bross & Frankel, P.A. | All Rights Reserved | Disclaimer

Connect With Us :