CAN I COLLECT WORKERS' COMPENSATION AND SOCIAL SECURITY DISABILITY BENEFITS AT THE SAME TIME?

A: YES, you can collect both Workers Compensation in New York and Social Security Disability Benefits.

Workers Compensation is almost never "offset" by other programs.
Collecting Social Security does not affect your right to collect Workers Compensation. However, under Social Security Disability, if you collect over 80% of your pre-disability earnings (determined by Social Security based on your earnings records) then Social Security benefits could be reduced by the amount of Workers Compensation Benefits you receive over the 80% mark. (There are some negative tax consequences because of this). However, if your earnings are high enough this situation will not occur.

Bottomline: If eligible, you should apply for both benefits!

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For more information or questions feel free to contact the attorneys of Markhoff & Mittman, PC. (866)205-2415 - serving injured workers and their families since 1933 throughout New York State - From Patchogue to East Meadow, Brooklyn to Queens, Bronx, Staten Island, White Plains, Yonkers, Peekskill and beyond..www.markhofflaw.com