The Interplay Between Florida Social Security Disability Benefits and Workers’ Compensation Benefits
PUBLISHED BY: David W. Magann, PA
Tampa, FL (Law Firm Newswire) June 4, 2021 – Injured workers who qualify for both workers’ comp and SSDI benefits should be aware of how the two programs interact with one another
For workers who are injured on the job, it is common that they will qualify for both workers’ compensation benefits as well as Social Security Disability Insurance (SSDI) benefits. However, injured workers cannot obtain the full benefit under both programs. To maximize the amount of benefits and to know what to expect when the first benefit checks come in, it is crucial to understand how these two programs work when someone qualifies for both.
Generally, the Social Security Administration requires that a worker who receives both SSDI and workers’ compensation benefits has their benefits reduced to receive no more than 80 percent of their current earnings when they were working full-time. Any benefits received above this amount are subject to an “offset.” In Florida, an offset belongs to the workers’ compensation insurer, meaning that the workers’ comp benefits will be reduced, and the injured worker will receive the full amount of SSDI benefits.
To be sure, this is a complex process. Here is a brief explanation of how offsets work:
When someone applies for and receives permanent disability benefits under the Florida workers’ compensation system, their benefit amount is capped at 66-2/3 percent of an Average Weekly Wage. However, the formula used to calculate SSDI benefits is based on the recipient’s Average Current Earnings. The formula used to calculate ACE is slightly different from the one used to calculate AWW, so these numbers are not always the same. This can lead to some confusion about when an injured worker can receive both forms of benefits and, if so, exactly how much they are entitled to.
State and federal law allow for an injured worker to obtain as much as 80 percent of their Average Current Earnings or 80 percent of their Average Weekly Wage, whichever is greater. Further complicating things, in some situations, it is possible for 80 percent of a workers’ Average Current Earnings to exceed 100 percent of their Average Weekly Wage.
As Florida disability attorney David W. Magann explains, “Workers who are applying for both SSDI and workers’ compensation benefits are some of the most complex cases. In many cases, an injured worker who applies for both types of benefits will receive more than if they only applied for one. However, the process of determining the exact amount of an offset can be a lot for a person to handle on their own.”
Those who suffered a workplace injury and are considering applying for both workers’ compensation and SSDI benefits should consider reaching out to a Florida disability lawyer for immediate assistance.
Attorney David Magann is a Florida social security and disability attorney with extensive experience helping individuals qualify for benefits and understand how they can fit into their comprehensive estate plans. Attorney Magann is a compassionate advocate who diligently advances his clients’ interests at every opportunity, providing practical advice and counsel on various legal issues, including when to apply for Social Security benefits. Attorney Magann has offices conveniently located in Brandon and Tampa and can be reached at http://www.floridasocialsecurity.com/.Learn more at http://www.tampaveteranslawyer.com/ David W. Magann, P.A. Main Office: 156 West Robertson Street Brandon, FL 33511 Call: (813) 657-9175 Tampa Office: 18715 N Dale Mabry Hwy Lutz, FL 33548