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Can I get Social Security Disability and workers' compensation?

Many people in Fayetteville and other parts of the Atlanta area get hurt at work. Should this happen, injured Georgia workers may find themselves facing medical expenses and loss of income. The loss of income can be particularly troubling if injuries leave the worker permanently disabled.

While qualifying for each program involves a separate process and unique eligibility requirements, an injured Georgia worker can get both Social Security Disability benefits from the federal Social Security Administration and benefits through the state's workers' compensation program.

Doing so can help a worker obtain all the financial support she needs after an injury. After all, although Social Security is a very important source of financial support, it will not cover everything. It often makes sense for a worker who is disabled due to a job-related injury to apply for those programs for which she is eligible.

There is an important limit about which workers need to be aware, however. The Social Security Administration will only pay disability benefits up to the point where, between both programs, a worker is collecting 80 percent of what he was making on average prior to his injury.

So, for example, if a worker was making $4,000 a month prior to her injury, and is drawing $2,000 a month through workers' compensation, the most the worker can collect in disability is $1,200, since 80 percent of $4,000 is $3,200.

Still, it may be beneficial for a worker to apply for both Social Security and workers' compensation. Doing so, however, is a complicated process. Workers in the Atlanta area may therefore find it beneficial to get the help of an experienced attorney when applying for assistance through these programs.

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Our founding partners each have more than 20 years of experience in disability law, and they have a high success rate in administrative appeals and litigation in SSDI, workers' comp and long-term disability claims involving ERISA. Contact our Atlanta office today to discuss your needs.

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