The Official Partner of the American WorkerSM
All calls are confidential and there are no fees until we win.
Free Case Review (267) 651-7945
Close
No Recovery No Fee Guaranteed
The Official Partner of the American WorkerSM
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury

Social Security Disability and Workers Compensation in Pennsylvania

The Difference Between Workers’ Comp and Social Security Disability

Social Security Disability is a monthly benefit for individuals who are unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. 42 U.S.C. 423 (d) (1) (A).

The amount depends on the money you have paid into the system. You must have been insured for 20 out of 40 quarters. (you have worked for at least 5 out of the last 10 years)

Pennsylvania Workers Comp is a benefit (reasonable, necessary and related medical bills, and 2/3 wage loss) for the inability to perform one’s pre-injury job. Work Comp is paid by the employer’s work comp carrier or if they are self-insured, then by the employer itself. In Social Security Disability, (paid by our Federal Gov’t) the question is broader and focuses on whether a person can work at all. In Pennsylvania Workers Comp, a person can be deemed partially disabled if they have an earning power, but one that is less than pre-injury. In the Social Security Disability arena, the issue is whether the person is totally disabled from “substantial gainful activity”.

Can a person who is receiving Pennsylvania workers comp benefits, still apply for Social Security Disability benefits? Yes. In some cases, however, it is wise to wait until the Pennsylvania Workers Comp case is settled or over, before applying for SSD because complex Medicare issues can arise.

Your SSD monthly amount will be reduced depending on the amount of workers comp you may be receiving.

SSI is for those who are disabled and poor- the max benefit is $637 per month. Generally speaking, if one qualifies for welfare, then one should qualify for SSI.

Reach out to the Certified Pittsburgh Workers’ Compensation Lawyer at Cardamone Law at (267) 651-7945 for a free case evaluation.

Can You Receive Both Social Security Disability (SSDI) and Workers Compensation in Pennsylvania?

Yes. However, this can sometimes delay settlement of your work comp case if Medicare approval is needed – which applies in certain circumstances.

With respect to Social Security Old Age Benefits, if you were already receiving such benefits before the work injury, then there is no offset. However, if you started receiving old age benefits after the work injury, then the workers’ comp insurer is entitled to a 50% offset of your wage loss benefits.

With respect to Social Security Disability Benefits, you can also receive that simultaneous with workers’ comp- but your SSD entitlement/amount will be reduced commensurate with the amount of work comp wage loss benefits. Once you settle your workers’ comp case, the SSD amount should increase subject to a monthly offset (your portion of the settlement spread out over the rest of your expected life- converted into a monthly amount).

Can You Receive ‘Old Age’ Social Security and Workers’ Compensation?

Under Act 57, 50 percent of Social Security retirement- or “old age” benefits shall be credited against the amount of benefits being received under the PA Work Comp Act- except for specific loss benefits or fatal claim benefits.  The offset does not apply when the employee applies for and becomes entitled to receive those benefits prior to the Pennsylvania work-related injury.

Benefits under the Social Security Act for total disability (versus “old age”) do not reduce the workers’ compensation wage loss benefits. However, the SSD benefits may be reduced until age 65 such that the combination of net benefits received from workers’ compensation and Social Security will not exceed 80% of the pre-injury wages under Social Security.

Social Security disability benefits convert automatically to old-age SS benefits once a person reaches full Social Security retirement age. After conversion, the employer is entitled to the offset.

So what’s the bottom line here? Well, the receipt of Social Security benefits does not prevent receipt of Pennsylvania Workers’ Comp benefits.  But coordination of the benefits is important and this should be reviewed by an attorney.

Make sure to reach out to a trusted Bethlehem workers’ compensation lawyer to help review your benefits.

Does the Order in Which I Apply for Each Type of Benefit Matter?

If you receive social security retirement benefits after the date of the work injury, then the insurer/employer gets a 50% credit.

If you get on social security disability, your work comp checks do not go down. But the SSD check will be lower due to the receipt of the work comp.

Talk to your Philadelphia workers’ comp lawyer before applying for benefits so that you can understand the impact of the benefits on each other.

Short-Term and Long-Term Disability and Workers’ Compensation

In Pennsylvania, you can receive both short-term or long-term disability as well as Workers’ Compensation. However, the insurer gets a credit for the STD or LTD benefits to the extent funded by the Employer. So, if the employee pays for the entire premium of the STD or LTD coverage, then there is no credit against the work comp benefits. But if the employee only pays 20%, then the insurer gets a credit for 80%.

For a free review of your work injury case, call the Lancaster Workers’ Compensation attorneys at Cardamone Law today at (267) 651-7945.

 

 

Awards & Recognitions

best Philadelphia. workers comp lawyer
best workmans comp lawyer philadelphia
Bucks County workers comp lawyer
Philadelphia workmans comp lawyer
Philadelphia workers compensation lawyer
Top 10 Attorneys Award Pennsylvania workers' comp lawyer
best workmans comp attorney
best workmans comp lawyer philadelphia
Philadelphia Workmans Comp Lawyer
Philadelphia workers comp lawyer
best bucks county workmans comp lawyer
Avvo Rating 10.0 Philadelphia workers' comp lawyer
Workmans comp lawyer
best Philly workmans comp lawyer
best Philadelphia workmans comp lawyer

Cardamone Law Has Negotiated Some of the Largest Workers’ Comp Settlements in Pennsylvania

$6 Million
Acted as Co-Counsel on a Case that Settled
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$740,000
Amputation
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
$6 Million
Acted as Co-Counsel on a Case that Settled
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$740,000
Amputation
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury

Client Testimonials

"Thank you from the bottom of my heart Mike and Shirley!!"

I called Shirley when I was scared and didn’t know what where my next dime was coming from after I was out with my work injury. Shirley was very kind and helpful guiding me every single step of the way. Mike was not your typical lawyer was not pushy but very responsive to all my gazillion questions. He helped me get my settlement quickly and settlement check in a very timely manner. Would recommend them to anyone! Mike helped calm all my fears and anxieties as I was trying to navigate one of the hardest and most stressful times in my life. Thank you from the bottom of my heart Mike and Shirley!!

- Jen Thompson
Google Reviews
"Best Law Firm around!"

"Cardomone law is absolutely fantastic! They are very responsive and helpful and they will fight to get you what you deserve. Shirley is also very helpful whenever you have any questions! Best Law Firm around!"

- C. Edwards
Google Reviews
"Michael and Shirley are very dedicated...and getting the maximum amount favorable to my case"

"Cardamone Law Firm were very helpful to me since day one. Michael and Shirley are very dedicated to my case giving me updates, answering my questions, being honest with my case, and getting the maximum amount favorable to my case. Thank you so much for your service and dedication and helping me to achieve not only your case but to guide and refer me in other needs too! You guys are the best law firm friendly and dedicated. I will recommend to anyone."

- A. Ortiz
Google Reviews
"Michael won my workers comp case after my employer insurance denied my claim."

"Exceptional firm. Highly recommend this law firm. Michael won my Workers Comp case after my employer insurance denied my claim. Him and his staff were always at my reach for legal and emotional support. Am so happy I hire them. Thanks Michael and Ms. Shirley."

- Carlos P.
Google Reviews
"[They] did an excellent job in getting me financially compensated in a fairly short amount of time."

"I recently had a work related injury and was receiving Workers' Compensation (medical benefits only). Soon after I was fired, so I contacted Paul Silver at Cardamone Law Firm who did an excellent job in getting me financially compensated in a fairly short amount of time. Paul and his assistant Shirley always responded to any questions I had about the case in a very short amount of time. Thank you for helping me with this difficult case."

- Robin C.
Google Reviews
"Highly recommend."

"Cardamone Law was great with helping my husband with his Workers Comp issues. Mike and Shirley were the best with letting us know what was going on every step of the way. Highly recommend."

- Danielle P.
Google Reviews
"Mike Cardamone is amazing"

"Mike Cardamone is amazing. He is "hands down" one of the best lawyers I've ever had the privilege of knowing. He is very kind, understanding, knowledgeable in his field, always very thorough and helpful. He was extremely professional and someone who truly cares about his clients. I felt completely at ease with him. He was a pleasure to work with, explained everything in detail, as well as answered all my questions with knowledge and care. If you want someone you can trust, who communicates every step of the way, will fight for you and make sure you win your case, he is it! I will refer all my family and friends to him. Thank you so much Mike, for everything. I appreciate all your hard work and dedication in helping me."

- Allie M.
Google Reviews
Without a doubt YOU are the best!!!

"Without a doubt YOU are the best!!! Every person who is in the horrible position of being injured at work should have someone as kind, compassionate and knowledgeable as you on their side. You never once made me feel like I was one of a hundred other clients. I always knew you had my back! You answered calls and emails at all hours. You fought every fight for me so I only had to worry about getting well. Behind your nice, calm face there’s a pit bull ready to take on any employer or judge. I can never thank you enough."

- L. Edall
Google Reviews
"Best Workers' Comp Lawyer!"

"Michael is simply the best! He was there for me from day 1 till the end, and we won the case!! He is always available to help. I had a gazillion questions and he would answer them one by one. He's a great lawyer and I feel lucky to have found him online from reading other outstanding reviews about him. Believe me, they're true!"

- Faith B.
Google Reviews
"Great Attorney"

"Great attorney, handled case quickly and efficiently. I would recommend him and would use him again. He was always available to answer any questions we had. Thank you, Mr. Cardamone."

- H. Anderson
Google Reviews