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Worker’s Compensation and Social Security Disability

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If I am on workers' comp, should I also apply for Social Security Disability?

This is a very good question, but can be a very complicated one. In many situations, if you have sustained significant work injuries that may be life-changing and/or that prevent you from returning to work, then it is probably a good idea to apply for social security. For example, let's say you suffered from a very significant spinal injury, a very significant brain injury, or perhaps some kind of severe leg, arm, or back injury. Well, if your injury is very significant and definitely has taken you out of work, then applying for social security is probably a good bet.

But, if you are going to try and get both workers' comp and social security benefits, it is also advisable to hire an attorney who understands both. You and your attorney need to understand the Social Security Disability part of your claim as well as the Worker's Compensation aspect so as to ensure no problems arise from getting both. Not to mention you will need an attorney to help you navigate the process of getting both.

There are complicated situations which can arise, which makes it all the more wise to have an attorney. For example, several years ago, Medicare required that individuals who applied for Social Security Disability while on Worker's Compensation, and who subsequently settled their case, had to put some workers' comp money aside in what's called a Medicare Set Aside Account (MSA). The MSA is very complicated and can be hard to understand if you are not familiar with it. In any event, the MSA will impact your settlement and your Worker's Compensation case as you proceed through it, so you just need to be sure that everything is running smoothly and as it should be. An attorney can help with that.

My suggestion and advice to you, since this is a fairly short explanation on workers' comp and social security, is that you do call an attorney, who can help you to understand the impact of filing for Social Security Disability while you have a Worker's Compensation claim pending. It is significant on the potential of how long the case may take and the type of settlement that you might receive in a lump sum because of that MSA set aside.

Jonathan Ginsberg has been practicing Social Security Disability law in the Atlanta, Georgia area for over 20 years. His website can be found at http://www.atlantasocialsecuritydisabilityattorney.net

 

Jonathan Ginsberg has been practicing Social Security Disability law in the Atlanta, Georgia area for over 20 years. His website can be found at http://www.atlantasocialsecuritydisabilityattorney.net

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