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Georgia Workers’ Compensation and Social Security Disability Offset

Are you looking for information on the Georgia workers’ compensation and Social Security disability offset? If you are receiving or applying for workers’ compensation benefits and are contemplating filing for Social Security disability (SSD) benefits, you should be aware that your workers’ compensation will likely affect your SSD payments. So, before you apply for Social Security disability, make sure you understand how each claim affects the other.

To determine exactly what you are eligible for and the most advantageous way to go about filing for both types of benefits, contact Bader Scott Injury Lawyers, at 678-562-5595.

How Social Security Disability Affects Workers’ Compensation Settlements

The government doesn’t want to assume responsibility for expenses that should be covered by a worker’s compensation insurer, nor will it provide benefits in excess of the legal limits set by the Social Security Administration (SSA). When you apply for SSD, the SSA will account for all sources of your income and all your benefits you are receiving, including workers’ compensation.

Let’s say that you get $1,000 per month in Social Security disability benefits. Now you receive a workers’ compensation settlement of $10,000. The SSA may claim that it is entitled to a credit for the $10,000 settlement. So now, you may not get an SSD check for 10 months. But an attorney can help reduce the impact of the credit by spreading the credit out over a lifetime. Now, instead of not receiving a check for 10 months, the worker would still receive a check each month, minus a small amount that goes towards the credit.

Medicare & Workers’ Compensation Benefits

Recipients of Social Security disability are also entitled to Medicare after two years. If you are Medicare-eligible or reasonably expected to become Medicare-eligible, then in most workers’ compensation cases you will need to create a Medicare set-aside that goes towards future medical treatment.

So what does this mean for injured workers? There are consequences of applying for Social Security disability and being Medicare-eligible. So, if you were hurt at work in Atlanta, consider consulting a workers’ compensation attorney before applying for these benefits.

Contact Bader Scott Injury Lawyers, at 678-562-5595.

Seth Bader
(678) 562-5595