How Workers' Compensation May Affect Your Social Security Benefit
Ordinarily, disability payments from other
sources do not affect your Social Security disability benefits. But, if the
disability payment is workers' compensation or another public disability
payment, your and your family's Social Security benefits may be reduced.
Your Social Security disability benefit will be reduced so that the combined
amount of the Social Security benefit you and your family receive plus your
workers' compensation payment and/or public disability payment does not exceed
80 percent of your average current earnings. (Note that the unreduced benefit
amount is counted for income tax purposes.)
What Payments May Affect Your Disability Benefits?
As SSA said, the kinds of payments that affect
your Social Security disability benefits are a workers' compensation payment
and/or another type of public disability payment.
A workers' compensation payment is one that is made to a worker because of a
job-related injury or illness. It may be paid by federal or state workers'
compensation agencies, employers, or insurance companies on behalf of employers.
Public disability payments that may affect your Social Security benefit are
those paid under a federal, state, or local government law or plan that pays for
conditions that are not job-related. They differ from workers' compensation
because the disability that the worker has may not be job-related. Examples are
civil service disability benefits, military disability benefits, state temporary
disability benefits, and state or local government retirement benefits which are
based on disability.
What Payments Do Not Affect Your Social
Security Disability Benefits?
The following payments do not count when deciding
if your Social Security benefit will be reduced:
Veterans Administration benefits;
Federal benefits, if the work you did to earn them was covered by Social
Security;
State and local government benefits, if the work you did to earn them was
covered by Social Security;
Private pensions or insurance benefits; and
Supplemental Security Income (SSI) payments.
How Do SSA Make The Reduction?
Figuring Average Current Earnings
First, SSA figure your "average current
earnings." Average current earnings are the highest of the following:
The average monthly earnings SSA used to figure your Social Security
disability benefit.
Your average monthly earnings from any work you did (including
self-employment) covered by Social Security during the five highest years in a
row after 1950.
Your average monthly earnings from work or a business during the year you
became disabled or in the highest year of earnings you had during the five-year
period just before you became disabled. (Divide the total year's earnings by 12
to get the average current earnings.)
All earnings covered by Social Security, including amounts above the maximum
taxable by Social Security, can be used when figuring average current earnings.
Figuring The Reduction
Your monthly Social Security disability benefit,
including benefits payable to your family members are added together with your
workers' compensation, or other public disability payment.
If this sum exceeds 80 percent of your average current earnings, the excess
amount is deducted from your Social Security benefit. But, the amount of the
combined benefits you and your family receive will never be less than your and
your family's total Social Security benefits before they were reduced.
The reduction will last until the month you reach 65 or the month your workers'
compensation and/or other public disability payment stops, whichever comes
first.
What You Must Report
This section lists several events you should tell SSA about.
If There Is A Change In The Amount Of Your Other Disability Payment
It is very important that you tell SSA if the amount of your workers'
compensation or other public disability payment goes up or down. The change
probably will affect the amount of your Social Security benefits.
If You Get A Lump-Sum Disability Payment
If you get a lump-sum workers' compensation or other disability payment to
settle your claim, the amount of the Social Security benefits you and your
family receive may be reduced.
This is done by prorating the lump sum over the number of months the workers'
compensation or other public disability benefit would normally be made if you
had not gotten the lump sum. The prorated amount is then added to the Social
Security benefits you and your family receive. This sum is compared to 80
percent of your average current earnings to decide if Social Security benefits
must be reduced.