Can I get a disability after a worker’s compensation settlement? What will I do then? In that case, what will be my rights under California legislation? Can I receive workers’ comp and disability benefits again? These are the kinds of most fearful questions that render workers in California who already get the SSDI and workers comp settlements. Workers’ compensation disability payments in California provide financial support to employees who suffer work-related injuries or illnesses, compensating for lost wages and medical expenses during recovery. So be mindful that you have the right to keep your job after the workers’ comp settlement, whether on long-term or short-term disability, you have after the incident. Further, you may get a detailed understanding of the matter by consulting Gaylord & Nantais Attorneys
Which kind of social security disability and workers’ comp benefits is a victim eligible to claim in California after a workers’ comp settlement?
If a victim meets the criteria, they may be entitled to petition for Social Security disability benefits after a workers comp settlement in California. Here are three critical factors to think about:
- Social Security Disability Insurance (SSDI):
If an occupational injury leaves you permanently disabled with no capacity to work out any notable livelihood activity for at least a year, you may be eligible for SSDI coverage. You must have accrued enough labor credits from prior jobs to be eligible. - The Social Security Administration (SSA):
It is in charge of SSI, the Supplemental Security Income program. It provides financial assistance to disabled people with limited resources. You can apply for SSI to augment your income if your workers’ compensation payout is insufficient to meet all of your financial needs. - Medicare:
People who get Social Security disability benefits occasionally may also be qualified for a program called Medicare, which may allow them to pay for their disability-related medical costs. - Offset of Benefit:
In California, there is a concept known as the “workers’ compensation offset.” This means that if you are receiving both workers’ compensation benefits and Social Security disability benefits, there may be an offset applied to your SSDI payments. The combined amount of workers’ comp and SSDI cannot exceed a certain limit. - Vocational Rehabilitation and SSA Evaluations:
After a workers comp settlement, the Social Security Administration may evaluate your eligibility for disability benefits differently. It’s not just what tasks you were doing prior to the injury; instead, your ability to perform any sort of employment is taken into consideration. You will still be eligible for SSDI payment if it is found that your illness or injury prohibits you from accomplishing any activity.
The maximum monthly SSI payment for 2023 is $914 for an individual and $1,371 for a couple, knowing this you can calculate the lump sum settlement payment.
Why do you have to report a settlement to Social Security, and how will we assist you in that?
Social security settlements can significantly affect your financial circumstances. When evaluating if you qualify for Supplemental Security Income (SSI) and the full amount of Social Security Disability Insurance (SSDI), the Social Security Administration, or SSA, looks to see if there are any finances and assets available to you.
Furthermore, the SSI workers comp settlement may indicate a recovery in your health, which the SSA must take into account while reconsidering your disability level.
Our assistance in this matter involves guiding you through the reporting process. The lawyers at Gaylord & Nantais Law Firm will assist you with assembling the essential settlement information, advising you on what facts to declare to the SSA, and ensuring that your documentation is correct and full. We can also direct you to our firm’s best solicitors who specialize in Social Security issues, confirming that you meet SSA norms to get the benefits you deserve without difficulties.
Conclusion
Reporting a workers comp settlement to Social Security is a critical step to guarantee transparency and adherence to SSA regulations. It guarantees that your disability benefits are calculated correctly and assists in avoiding overpayments or fines. Consider seeking the assistance of Gaylord & Nantais Attorneys who can assist you in understanding the difficulties of filing and the possible effects on your benefits. Being persistent in reporting and in contact with the SSA will allow you to continue receiving the assistance you require while also complying with the appropriate standards. Contact us at (562) 561-2669 or visit Workers’ Compensation Attorney Long Beach at Gaylord Nantais for a free case evaluation.
