Sometimes an injured worker qualifies for BOTH Workers Compensation payments AND Social Security. When that happens, does one government program deduct the money received from the other program ?
Northern Virginia Disability, Social Security and Workers Compensation lawyer Doug Landau has had this issue come up in numerous cases over his career. Does Social Security take a credit for workers’ compensation payments when the Social Security payments are “Old-Age” or “Retirement” benefits as opposed to Disability (“SSDI”) benefits?
Put another way, does the Social Security offset for Workers Compensation payments cease when the disabled wage earner’s disability benefits convert to old-age/retirement benefits?
Lawyer Landau, of the Herndon law firm ABRAMS LANDAU, Ltd, agrees that there is no offset of Federal Social Security retirement benefits by the state workers comp program like there is for Social Security disability benefits. However, what is even more advantageous for his older workers comp clients, when they switch from SSDI to Social Security retirement payments, the retirement benefits do not affect their entitlement to the annual Cost of Living Adjustment (“COLA”). If you or someone you know or care for is disabled and needs help with Social Security Disability and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.