In my work as a Detroit disability lawyer, I am often asked about the relationship between Social Security disability benefits and workers’ compensation benefits. Here is a brief overview.
Eligibility: In order to be eligible to receive Social Security disability benefits, you must demonstrate that you have a severe physical or mental condition that has lasted for 12 months, or is expected to last that long or to result in your death; your condition must be so severe that it prevents you from doing work you have done previously or any other type of work. To be eligible for workers’ compensation, you must have been injured in the course of your employment; it does not matter whether you are partially or totally disabled, or whether you are dealing with a short-term or a long-term disability, so long as the injury occurred on the job.
Offset: You may apply for and receive Social Security disability benefits while you are receiving workers’ compensation benefits. However, your Social Security disability benefits may be reduced accordingly. In general, the total combined monthly amount of your workers’ compensation benefits and Social Security disability benefits cannot exceed 80% of your average current earnings before you became disabled.