SSD and SSI

In cases where the claimant collects concurrent benefits, meaning they are eligible for both SSD and SSI, Social Security computes the SSI eligibility amount and reduces (offsets) the SSD amount by that amount. This prevents any claimant from "double- dipping" the maximum from both programs.

Workers' Compensation

Both Social Security and Workers' Compensation are wage replacement programs. If a claimant is already receiving payments from Worker's Compensation, he/she is not allowed to get the maximum Social Security and the maximum Workers' Compensation.

A worker is not supposed to make more money by becoming disabled than by working. As a test, an ACE (Average Combined Earnings) figure is calculated for the claimant to ensure that when workers' comp and social security benefits are added together, the worker does not make more than 80% of his or her former salary.

A claimant who has both a workers' compensation attorney and a Social Security attorney should make sure that the two know what effect a regular or lump sum Workers' Compensation payment will have on the claimant's Social Security benefits.

Creditors, Child Support, Income Taxes

Social Security benefits cannot generally be assigned to or reached by creditors, but the federal government may garnish the benefits for overdue child support, certain tax obligations, or other arrearages.

Long-Term Disability Insurance (LTD)

Social Security will not reduce the claimant's SSD benefit if the claimant is also getting LTD. However, the LTD carrier is likely to reduce the claimant's LTD benefit if the claimant gets Social Security benefits.

Sometimes, the LTD carrier requires the claimant to apply for and pursue Social Security benefits.

Government Pension Offset (GPO)

Some claimants have worked at one time for employers under the Social Security system and at another time for employers under another system (State Teachers Retirement System, Public Employee Retirement System, Civil Service, etc.). In other instances, claimants may have worked under one system while their spouse worked under a different system. They are not entitled to the maximum benefit under both systems. An offset, intended as a cost-saving measure for Social Security, prevents what might be seen as double-dipping.

Veterans Benefits (VA)

Social Security will not reduce the claimant's SSD benefits if he/she is also getting VA benefits. Furthermore, the Veterans Administration will reduce the claimant's veteran's benefits only if the VA benefits are not service connected. This is a rare instance in which a claimant is permitted to double-dip.

 


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