Can I Receive Social Security Disability (SSDI) and MN Workers’ Compensation at the Same Time?

People who sustain serious injuries at work in Minnesota may be eligible for BOTH workers’ compensation wage loss benefits and Social Security Disability Insurance (SSDI) benefits. In other cases, a work injury, in combination with other non-work related medical conditions may qualify an injured worker for both SSDI and Minnesota workers’ compensation benefits.

If you are pursuing a SSDI disability claim, based in whole or in part on a work injury or a medical condition caused by your work activities, you should strongly consider exploring a Minnesota worker’ compensation claim as well.

We routinely meet folks in our Minnesota workers’ compensation practice who pursue a SSDI disability claim and overlook their potential workers’ compensation claims. In many instances, you can receive both! Don’t leave money sitting on the table!

The Social Security Administration (SSA) allows simultaneous receipt of medical and disability benefits with workers’ compensation benefits, up to a maximum of 80% of the employee’s average current earnings (ACE) at the onset of his or her disability. The Social Security Administration will, however, “offset” or reduce SSDI payments if the combination of workers’ compensation and social security benefits exceed 80% of the ACE.

If you are receiving Temporary Total Disability (TTD) benefits, the employer/insurer does not get an offset from workers’ compensation benefits payable based on receipt of SSDI benefits. Instead, the SSA gets to reduce your SSDI benefits based on the amounts you’re receiving from workers’ compensation.

The situation changes if you’re receiving Permanent Total Disability (PTD) benefits. Minn. Stat. § 176.101, Subd. 4, permits the workers’ compensation insurance carrier to reduce the weekly compensation benefit dollar-for-dollar based on the receipt of SSDI benefits after paying $25,000.00 in Permanent Total Disability (PTD) benefits. The employer/insurer only gets the benefit of this offset if the SSDI benefits and the workers’ compensation benefits are based on the same injury or injuries.

If the injury causing your disability occurred before October 1, 1995, you may be eligible for “supplementary benefits” to cover the “gap” between your weekly benefit rate after adjusting for the receipt of SSDI benefits, and the minimum PTD benefit rate.

For injuries on or after October 1, 1995, the Minnesota legislature did away with supplementary benefits. Instead, the legislature has adopted minimum PTD rates. The amount of your monthly SSDI benefit is then subtracted from your compensation rate, or the minimum PTD rate, whichever is higher.

Annual adjustment of benefits may also come into play in PTD claims.

In many cases, you can receive both Minnesota workers’ compensation benefits, and Social Security Disability benefits. As you can see, correctly calculating your benefit rate when you’re receiving both types of benefits is complicated.

If you’ve applied for Social Security Disability benefits based in whole or in part on injuries you sustained at work, you may have a Minnesota workers’ compensation claim in addition to your SSDI claim.

For a free, no-obligation consultation with Jennifer Yackley or Ronald F. Meuser, Minnesota workers’ compensation lawyers, to discuss your potential workers’ compensation claim, call us at 877-746-5680 or click here to send us an email.

We work on a contingency fee basis, which means our attorney fees are based on the amount we recover on your behalf. It also means that there is no fee unless we recover benefits on your behalf.

MN Workers’ Compensation Benefits: Types of Benefits Available for Injured Workers in Minnesota

There are four main types of workers’ compensation benefits available to injured workers under the Minnesota Workers’ Compensation Act.

Medical Expense Benefits

If you’ve sustained a work-related injury in Minnesota, the employer and insurer are responsible for payment of “reasonable and necessary” medical care and treatment to cure and/or relieve the effects of the work injury. Covered treatments include, but are not limited to: hospitalization, prescriptions, medical mileage reimbursement, nursing services, chiropractic care, physical therapy, assistive devices, MRI’s, CT scans, EMG’s, counseling, injections, chronic pain management, psychological care, and occupational therapy.

Wage Loss Benefits

Temporary total disability benefits (TTD): Temporary total disability benefits are wage loss benefits available to injured workers who are completely unable to work, or who are released to return to work with restrictions, but are unable to find work within those restrictions. TTD is calculated at 2/3 of an injured worker’s average weekly wage (AWW) at the time of the injury. This benefit is current capped at a maximum of $850 per week, for a maximum of up to 130 weeks. An injured workers’ entitlement to temporary total disability (TTD) also ends 90 days after reaching maximum medical improvement (MMI), if the employee fails to conduct a diligent job search, if the employee is released to work without restrictions, or if the employee is terminated for misconduct.

Temporary partial disability benefits (TPD): Temporary partial disability benefits are wage loss benefits available to an injured worker who is back at work but is earning less than they were at the date of injury due to his or her work restrictions. TPD benefits are calculated by subtracting a worker’s post-injury earnings from their average weekly wage (AWW) at the time of the injury. The difference is then multiplied by 2/3 to determine the amount of temporary partial disability benefits. This benefit is limited to 225 weeks and is not payable more than 450 weeks after the date of the injury.

Permanent total disability benefits (PTD): Permanent total disability benefits are available for injured workers who are permanently prevented from performing any substantial gainful employment. This wage loss benefits is payable as 2/3 of the worker’s average weekly wage (AWW) through age 67. As of October 1, 1995, in order to qualify for permanent total disability (PTD) benefits, an injured worker must meet certain thresholds in addition to showing he or she is physically incapable of substantial gainful employment.

Permanent Partial Disability Benefits

Permanent partial disability (PPD) or permanency benefits is a payment for the loss of use of a body function. PPD benefits are paid in accordance with the permanent partial disability schedules set forth by the Department of Labor and Industry. These benefits are payable weekly or as a lump sum.

Rehabilitation Benefits

Rehabilitation benefits are available to injured workers that are having difficulty returning to their former job due to their work injury. Vocational rehabilitation services are provided by a Qualified Rehabilitation Consultant (QRC). You have the right to choose your own QRC. A QRC will provide you with an initial consultation to determine whether you're entitled to rehabilitation services. Rehabilitation services can include medical management, return to work services, job search and placement services, or formal retraining.

For a free, no-obligation consultation regarding your Minnesota workers’ compensation rights, contact Meuser & Associates at 877-746-5680, or click here to send us an email.

Wage Loss Benefits and Minnesota Workers’ Compensation

If you suffer wage loss as the result of a work-related injury, you may be entitled to wage loss benefits including:

Temporary Total Disability (TTD) Benefits: TTD Benefits are available to employees who are completely unable to work due to a work-related injury.

TTD Benefits are calculated as 2/3 of the employee’s Average Weekly Wage (AWW) at the time of the injury. For injuries that occurred after October 1, 2008, TTD benefits are available for a maximum of 130 weeks. For injuries that occurred between October 1, 1995 and September 30, 2008, TTD benefits are available for up to 104 weeks. Generally, for injuries that occurred prior to October 1, 1995, there is no specific time limit on the receipt of TTD wage loss benefits.

Temporary Partial Disability (TPD) Benefits: TPD Benefits are available to employees who are suffering from a work-related disability, but are able to work at a reduced earning capacity. TPD Benefits are intended to make up for the difference in earnings.

TPD Benefits are calculated as 2/3 of the difference between the employee’s current earnings and the employee’s Average Weekly Wage (AWW) at the time of the injury. For injuries that occurred between January 1, 1984 and September 30, 1992, there is no specific durational limit on the receipt of TPD wage loss benefits. Between October 1, 1992 and present, receipt of TPD benefits is limited to a maximum 225 weeks.

Permanent Total Disability (PTD) Benefits: PTD Benefits are available to employees who are permanently and totally disabled from working as the result of work-related injuries. In 1992, the legislature further defined “permanent total disability:”

“…‘totally and permanently incapacitated’ means that the employee’s physical disability, in combination with the employee’s age, education, training and experience, causes the employee to be unable to secure anything more than sporadic employment resulting in an insubstantial income.” (Minn.Stat. § 176.101(5)(b).)

As of October 1, 1995, an injured employee must meet certain thresholds in order to prove permanent total disability, including:

• The employee has at least a 17% permanent partial disability rating of the whole body.
• The employee has a permanent partial disability rating of the whole body of at least 15% and the employee is at least 50 years old at the time of the injury.
• The employee has a permanent partial disability rating of the whole body of at least 13% and the employee is at least 55 years old at the time of the injury, and has not completed grade 12 or obtained a GED certificate.
  

PTD benefits are calculated as 2/3 of the employee’s Average Weekly Wage (AWW) at the time of the injury. PTD benefits are generally available until the age of retirement. PTD benefits may also be offset against other government disability or old age and survivor benefits, including social security disability benefits, social security retirement benefits, PERA benefits, police and firefighter relief association benefits, and state retirement benefits.

If you’ve been injured on the job, and the insurance company has accepted your claim, the question is not “if” they will discontinue your benefits at some point, but “when.” Even if there is not currently a dispute regarding your workers’ compensation benefits, it is a good idea to speak with a workers’ compensation lawyer to make sure you get all the benefits you are entitled to. Often, people we speak with are hesitant to hire a lawyer when there is no dispute with the insurance company. One thing we always point out is that even if you retain us, if there is no dispute over your benefits, no attorney’s fees are withheld from your benefits. Retaining a lawyer before a dispute arises can substantially reduce the time it takes to initiate your claim when a dispute does arise.

If you are permanently and totally disabled as the result of a work-related injury, in combination with any non-work related health conditions that limit your ability to work, you should speak with a workers’ compensation lawyer. Seldom do workers’ compensation insurance companies voluntarily agree that you are Permanently Totally Disabled, which means that they will probably have to pay you wage loss benefits for a much greater length of time than if you are not permanently and totally disabled.

The experienced workers’ compensation lawyers at Meuser & Associates can help make sure you get the wage loss benefits you are entitled to. Contact us today at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation.

Visit Minnesota Workers' Compensation and Personal Injury Law Firm, Meuser & Associates, P.A., at MeuserLaw.com

Permanent Total Disability (PTD) Benefits In Minnesota- Before 1995, and After 1995

Over the last 25 years, the Minnesota Legislature enacted several laws that substantially changed an injured worker’s entitlement to workers’ compensation benefits. When determining which benefits an injured employee is entitled to, we look at the date of injury.

Even if your injury occurred 10, 15, 20, or even 25 years ago, you may be entitled to ongoing workers’ compensation benefits.

One of the types of benefits that has substantially changed over the years is permanent total disability benefits. Permanent total disability benefits are wage loss benefits available when an employee is permanently completely unable to work as the result of a work injury.

For injuries that occurred prior to October 1, 1995, the duration of Permanent Total Disability (PTD) benefits is unlimited, meaning that you are entitled to these benefits for the remainder of your life. For injuries on or after October 1, 1995, generally, Permanent Total Disability benefits are typically only available until age 67, or the state retirement age.

In addition, for injuries prior to October 1, 1995, after the employee has received $25,000.00 in PTD benefits, the employer and/or insurer is permitted to take an offset for other disability or retirement benefits the employee is receiving, such as Social Security Disability Income, or PERA disability benefits. After 208 weeks of PTD benefits are paid, and if those benefits are being reduced by an offset, the employee may also be entitled to supplemental benefits. Supplemental benefits are calculated as the difference between 65% of the statewide average weekly wage and the amount of benefits actually received.

Supplementary benefits were eliminated by the Legislature effective October 1, 1995. For injuries after this date, supplementary benefits are no longer available. However, the minimum amount of Permanent Total Disability benefits is 65% of the statewide average weekly wage. This minimum amount, however, is calculated before any offset for Social Security Disability benefits or other disability or retirement benefits.

Determining which laws are applicable to your situation, and making sure you are getting all the benefits you are entitled to can be daunting. We can help. Meuser & Associates has been practicing workers’ compensation law for almost 25 years. We are familiar with both the new laws and the old laws, and we can help make sure you get the maximum amount you are entitled to. Call us at 877-746-5680, or click here to email us to schedule a free consultation and make sure you are getting all the benefits you are entitled to.

Visit our website at MeuserLaw.com!