Charleston, SC – As workers age and experience injuries and disabilities, it is possible that they may receive both workers compensation and social security. People are entitled to both kinds of benefits as long as they meet certain requirements, but there are some unique situations created by getting them at the same time.
While some people may legally receive both of these benefits at once, the total amount of pay the person actually takes home may be affected by receipt of two different kinds of benefits. Anyone who thinks that they will be getting multiple kinds of benefits related to work injuries, social security, or disability should get legal advice to protect their income and retain their eligibility. It is also important for recipients to remain current on any documentation related to their claims to avoid problems.
Workers compensation insurance rules
The insurance company that is paying out workers compensation benefits has a legal right to give the person a smaller amount, which is reduced by fifty percent of what the social security benefits pay. In other words, the person may collect both social security and workers compensation, but it is likely that they will not get the combined maximum amount through both systems. The reduction is also based on an amount that is relative to their social security eligibility.
Delaying social security
If an injured worker is still receiving their workers compensation at age 62 or older, they are technically eligible to receive social security as well. However, it is usually a good idea for people in this situation to continue to receive workers compensation exclusively and only take their social security benefits at a later time. This accomplishes two goals. The social security benefit size increases over time, and the reduction of benefits will not need to happen if workers compensation runs out before the person starts to collect social security payments.
Specific questions that involve multiple benefit systems
When someone is receiving a combination of workers compensation, social security, disability, and other types of government benefits, it is important for that person to get specific advice from a lawyer. The rules and taxation issues related to how much can be paid out and various benefit reductions can start to become complex. However, the attorney can recommend a course of action that will maximize the person’s income while still following all applicable rules under these programs.
Advice from local work injury attorneys
The Clekis Law Firm handles various issues related to workers compensation in Charleston, South Carolina. Anyone who needs more information about their benefits and other problems related to a work injury should contact the firm for additional assistance.
Firm contact info:
171 Church St., Charleston SC, 29401