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Automobile Collisions / Workers' Compensation

414-272-3636 877-412-7409

Social Security Disability Archives

Does Social Security Disability Affect Workers Comp

Yes, social security disability affects workers comp benefits in most cases, at least for awhile.  Many seriously injured workers with cervical or lumbar herniated disc injuries end up with neck or low back surgery and permanent work restrictions preventing them from returning to their former occupation.   If the restrictions are so severe that the worker cannot engage in any gainful employment, he or she may be totally disabled for social security disability purposes in addition to having a claim for worker's compensation benefits.  In Wisconsin this is called the social security reverse offset.  In Wisconsin an injured worker's temporary total disability benefits, permanent partial disability benefits, permanent total disability benefits and some vocational retraining benefits are reduced according to a formula so that his combined SSD and worker's comp benefits do not exceed 80% of his average current earnings.  Injured workers in most other states have their social security disability benefits reduced by what they receive in worker's compensation benefits.  Not all social security benefits are subject to the reverse offset, for example social security supplemental income benefits, dependent benefits and cost of living increases are not included in the offset calculation.

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McCormick Law Office
829 North Marshall Street
Milwaukee, WI 53202

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