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Law offices of Stephen Barszcz Disability Lawyer
  • NATIONAL DISABILITY ATTORNEY

Public Disability Benefits and Your SSDI Eligibility: What to Know

Legal18

Disabilities can result from serious accidents and traumatic injuries, and they can also result from long-term exposures that cause health conditions or medical diagnoses like cancer or degenerative diseases that impact a person’s ability to go about their daily life. When a person is dealing with a disability, they often want to find out more about options for receiving disability benefits, including those administered through the Social Security Administration (SSA) as well as other federal or state agencies.

Depending on a person’s life experiences and background, they could be eligible for civil service disability benefits, state disability benefits, or military disability benefits. In situations where a disability results from a workplace injury, the injured person might be eligible for workers’ compensation benefits. And, of course, Social Security disability benefits might be available. Depending on the person’s work history, they might be eligible for Social Security Disability Insurance (SSDI), and depending on assets and income, they might be eligible for Supplemental Security Income (SSI) payments. How can public disability benefits affect Social Security disability payments?

Many Public Benefits Can Reduce SSDI Benefits 

If you are ultimately eligible to receive public disability benefits in addition to being approved for SSDI benefits, it is critical to understand that you may not be able to receive the full amount of both. To be sure, the Social Security Administration only permits a disability benefit recipient to receive a total of 80 percent of their “average current earnings” (calculated from income before the disability), and any excess amount will be deducted from the person’s SSDI payment.

Workers’ compensation benefits, civil service disability benefits, and other similar benefits are added to the amount of any SSDI benefit you are eligible to receive, and if the total exceeds 80 percent of your average current earnings, then your SSDI benefits will be reduced accordingly. Military disability benefits, or VA disability benefits, are separate from SSDI and do not reduce your SSDI payment.

Average Current Earnings Calculation Based on Your Circumstances 

There is no one-size-fits-all formula for calculating a person’s average current earnings in order to determine if SSDI benefits will need to be reduced due to other public disability benefits the person is receiving. In other words, there is no single formula that is used for everyone who is approved for SSDI benefits.

Rather, as the SSA explains, “we use different formulas to calculate your average current earnings,” and “which formula we use depends on your specific circumstances.” If you have any questions or concerns, a national disability benefits attorney can assist you.

Contact a National Disability Benefits Lawyer for Assistance 

If you are in a situation where you are seeking both SSDI and another form of public disability benefits, it is important to discuss your circumstances with one of the experienced national SSDI benefits lawyers at the Law Offices of Stephen Barszcz to ensure that you receive the full amount of compensation that you are owed. Whether you need assistance with your initial SSDI application or have concerns about how your average current earnings were calculated, our firm can help you. Contact us today for assistance with your SSDI case.

Source:

ssa.gov/pubs/EN-05-10018.pdf

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