Can you collect benefits from l&i and social security at the same time in washington state?

Employment 1 views 3 answers
have a pre-existing seizure disorder and got hurt at work

Attorney Answers

3
Graham WrightSocial Security LawyersQuincy, MA ·
There are several potential issues that I can see from your question. While it is not exactly clear whether you are receiving SSI or SSDI, I will assume SSDI as it appears that you have a work history. First, if you were working at the same time as collecting Social Security benefits I hope that you were staying under the "substantial gainful employment" cutoff determined by Social Security. For example, currently you cannot make more than $1,000 per month before taxes at a job and still collect Social Security benefits. If you have, there may be an overpayment issue. Second, the short answer is that L&I (workers compensation) benefits may reduce your SSDI benefits, but you can technically receive both at the same time. The long answer is that Social Security has an official formula to determine the amount that your benefits might be reduced. That formula is as follows: Take your SSDI check and add it to the amount of the workers compensation check. If that amount exceeds 80% of your "average current earnings", your social security benefits will be reduced by the difference. This is confusing, I know. The "average current earnings" is really your average earnings before becoming disabled. So here is an example: Before you became disabled, your "average current earnings" were $4,000 a month. You, your spouse and your two children would be eligible to receive a total of $2,200 a month in Social Security disability benefits. However, you also receive $2,000 a month from workers’ compensation. Because the total amount of benefits you would receive ($4,200) is more than 80 percent of your "average current earnings" ($3,200), your family’s Social Security benefits will be reduced by $1,000. You are required to report any L&I earnings to Social Security, otherwise you may be overpaid in SSDI benefits and Social Security will come looking for the money back. Hope that helps, good luck!
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Susan J HolmSocial Security LawyersRenton, WA ·
Generally, yes, you can collect time loss benefits (and even a pension) from L&I for a work-related injury and Social Security disability benefits -- as the requirement for both benefits is that you are unable to work. However, there is an offset, so you don't get full payment of both benefits. Please see an attorney who is experienced in both workers' compensation and Social Security for assistance in maximizing your benefits and ensuring that both agencies have the information they need to ensure that you don't wind up having to repay benefits later. Susan J. Holm Leonard W. Moen & Associates 947 Powell Ave SW, Suite 105 Renton, WA 98057 425-227-4260 [email protected] Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
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Gerald Gregory LutkenhausWorkers' Compensation LawyerRichmond, VA ·
Generally, you can collect workers compensation and Social Security Disability at the same time; however, your Social Security Disability will probably be reduced as long as you are on workers compensation.
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