Social Security Disability pays benefits to people who are unable to work. Generally, to be eligible for benefits, an individual must have worked for at least five years and have one or more disabling medical conditions that have lasted, or are expected to last, for more than one year. Social Security also considers an individuals age, education and work history in determining whether the individual can work.
An injured worker is entitled to collect Social Security Disability benefits and workers’ compensation benefits at the same time. The amount of the workers’ compensation benefit does not change because of Social Security Disability. However, the amount of the monthly Social Security Disability benefit may be reduced based on the amount of workers’ compensation received. If an injured worker settles the workers’ compensation claim, then an order may be prepared at the Workers’ Compensation Court which contains language that will typically cause the Social Security Disability benefit to increase following Court approval of the settlement.