Applying for Social Security Disability Insurance (SSDI) and workers’ compensation benefits in New York can be a complex process. At Nappa, Monterosso & Poznansky, LLP, our workers’ compensation lawyers on Long Island have more than 30 years of experience helping injured workers throughout the greater NYC area. We know that each case is unique, and we’re committed to helping our clients understand their options. Here, we discuss when it may be best to apply for SSDI if you’re also filing a workers’ compensation claim.
SSDI vs. Workers’ Compensation in New York
Generally, workers’ compensation is designed to provide temporary financial and medical assistance for workplace injuries, while SSDI offers long-term benefits to those unable to work due to a disability.
What is Social Security Disability Insurance?
Social Security Disability Insurance (SSDI) is a federal program that provides cash benefits to those who can’t work due to a disability. Their condition must be expected to last at least 12 months or result in death and must adhere to the Social Security Administration’s (SSA) definition of a disability. You must also have enough SSDI work credits to qualify for Social Security Disability benefits.
What is Workers’ Compensation?
Workers’ compensation is a state-run program that provides wage replacement and medical benefits to employees who are hurt at work or are suffering from an occupational disease. Workers’ compensation benefits usually cover medical expenses, wage replacement, and vocational rehabilitation. Depending on the severity of the injury or occupational illness, benefits may be temporary or permanent. These claims are overseen by the New York Workers’ Compensation Board, but are usually paid by your employer’s insurance carrier or your employer if they do not carry coverage.
Deciding whether to apply for SSDI before or after Workers’ Compensation can be challenging, as the benefits you receive from each program can impact each other. Our experienced Social Security Disability lawyers and workers’ compensation attorneys can evaluate your case and advise you on the best way to maximize any benefits you may receive.
Factors to Consider when Filing SSDI and Workers’ Compensation Claims
It’s important to understand that workers’ compensation coverage is only for workplace injuries, while Social Security Disability benefits cover any qualifying disability, regardless of where or when it occurred. Medical documentation of conditions that meet the SSA’s definition of a disability are usually more stringent than they are when applying for workers’ compensation.
The Impact of Workers’ Compensation on SSDI Benefits
If you’re receiving Workers’ Compensation, your SSDI benefits may be reduced. This is known as the workers’ compensation offset. This means that the total combined monthly benefits you receive from both programs cannot exceed 80% of your average current earnings before you became disabled. For example, if your earnings were $5,000 per month before your workplace injury occurred, your combined benefits cannot exceed $4,000. However, when your workers compensation benefits end, the offset no longer applies and SSDI benefits should be restored to the full amount you’re entitled to receive.
Timelines for Filing Workers’ Compensation and SSDI Claims
Whether you file an SSDI claim before or after workers’ compensation, each strategy has its own advantages and disadvantages. For example, applying for SSDI after workers’ compensation can help you better clarify your disability status and financial situation and avoid offsets, but it can take months or years to be approved if you receive an SSDI denial that requires multiple appeals.
Applying for SSDI Before Workers’ Compensation
Filing for SSDI before workers’ compensation offers its own pros and cons. Proving that you have a long-term disability can be challenging, so starting the process before you file for workers’ compensation gives you a head start.
If approved, your SSDI benefits may be offset while you collect workers’ compensation, and your total monthly income could be reduced, but SSDI payments will continue and likely increase after workers’ compensation benefits end. SSDI also provides a financial safety net if your workers’ compensation claim is delayed, disputed, or denied. It’s important to note that If you’re getting SSDI and you receive or you’ve been offered a workers’ compensation settlement, you should speak to a Social Security Disability lawyer to find out the best way to maximize your benefits.
SSDI recipients are eligible for Medicare after 24 months of receiving SSDI benefits, so applying before can help you secure medical coverage faster. This can be a lifesaver if your workers’ compensation medical benefits are disputed or limited. However, if your injury or occupational disease is not considered permanent by the SSA, your Social Security Disability application may be denied.
Applying for SSDI Benefits After Workers’ Compensation
If you apply for SSDI after receiving workers’ compensation benefits, you may already have extensive medical records and documentation that can strengthen your Social Security Disability claim. Findings like disability ratings can also be valuable evidence to support an SSDI claim.
Applying after your workers’ compensation benefits expire can also demonstrate that your disability is long-term and reduce the risk of an SSDI denial. Waiting until your workers’ compensation benefits are done can also help you avoid the offset, which ensures your SSDI payments are not reduced.
However, Social Security Disability applications typically take at least 3-6 months to process. Appeals can extend this timeline to more than a year, which can leave you without income during this time. Applying for SSDI after also delays the 24-month waiting period for Medicare coverage, which can put you in a precarious position if your workers’ compensation medical benefits are terminated.
Filing Both Claims at the Same Time
In some cases, applying for SSDI and Workers’ Compensation at the same time can be an effective strategy. Pursuing all available benefits at once can help you avoid unnecessary delays and reduce the potential for gaps in income. Although requirements differ for each program, working on both claims at once enables you to gather medical records and other documentation that can be used for both claims.
If you decide to file both claims at the same time, it’s critical to pay careful attention to deadlines and documentation requirements. Our workers’ compensation lawyers and SSDI attorneys can ensure all information is submitted correctly and on time. We can also look at what kind of offset you may encounter and figure out the best way to make the most of all the benefits you may be entitled to recieve.
How Our Long Island Workers’ Compensation Attorneys Can Help
Determining whether to apply for SSDI before or after your workers’ compensation claim is settled depends on your specific circumstances. Our Social Security Disability attorneys and Workers’ compensation lawyers help you understand your options and empower you to make informed choices. Our experienced SSDI lawyers can help you maximize your benefits, minimize stress, and give you the best chance of a successful outcome for your case.
Contact Our Long Island Workers’ Compensation Law Firm
As the largest workplace injury law firm on Long Island, Nappa, Monterosso & Poznansky, LLP is dedicated to helping workers and their families get the benefits they need to protect their health and financial security. To learn more about applying for SSDI and workers’ compensation in New York, call 718-273-9000 or contact us to schedule a consultation. Attorney and Partner Rolando Cubela proudly serves our Spanish-speaking clients throughout the greater NYC area.
