There is a tight turnaround time for applying for workers’ compensation benefits in New Jersey. That is, you must report your work-related injury to your employer within 90 days of your accident. Then, you must file your claim within two years of your accident. With this, you may understandably prioritize pursuing these benefits before it is too late. But once this is all squared away, you may wonder whether you can seize an opportunity for Social Security Disability Insurance (SSDI) benefits. Well, please follow along to find out whether you will have to return part or all of your workers’ compensation award once you start collecting SSDI benefits and how a proficient New Jersey SSDI benefits lawyer at The Law Offices of Sheryl Gandel Mazur can help you navigate both these programs.
Will I have to return my workers’ compensation award after getting approved for SSDI benefits?
Rest assured, you may not be expected to return your workers’ compensation benefits after being approved for SSDI benefits. Simply put, one program does not have to do with the other, and it is understood that you may qualify for both simultaneously.
However, at this time, you must understand that collecting both may affect the amount of each one. That is, your benefits cannot exceed 80 percent of your average earnings before you incurred a work-related injury or disability in an accident. Referred to as the offset rule, a deduction may be taken from your SSDI benefits as a result. This can be explained in the following way:
- Your average earnings before your work-related injury or disability were $4,000 per month.
- The Social Security Administration (SSA) calculated your SSDI benefits payout to be $2,500 per month.
- Your employer’s workers’ compensation insurance may also give you $2,000 per month.
- The SSA may deduct your SSDI benefits to $1,200 per month so you receive 80 percent of your original earnings.
What happens to my third-party claim after collecting SSDI benefits?
Your workplace accident may not have been due to your employer’s, but rather another third party. In that case, you may have pursued a third-party claim in place of a workers’ compensation claim. Similarly, you may collect the payout from your third-party claim settlement or final judgement simultaneously with your monthly SSDI benefits payments.
Notably, though, since this may only be considered a one-time payment, the offset rule may not apply and thereby your SSDI benefits amount may remain intact. Ultimately, you should understand that your SSDI benefits amount is primarily influenced by your work history and the contributions you made to Social Security during this time, not necessarily your current financial situation.
At any rate, if you are ready to obtain benefits or otherwise, now is a better time than ever to contact a talented New Jersey SSDI benefits lawyer. The Law Offices of Sheryl Gandel Mazur is here to help.
