Can I get a disability payment from Social Security and my employer?
As far as the Social Security system is concerned, you can collect Social Security disability benefits and disability benefits from your employer's disability insurance coverage at the same time. There is no set-off or reduction in Social Security disability benefits if you also collect benefits under employer-sponsored disability insurance.
However, whether you can collect both benefits at the same time also depends on the rules of your employer's disability benefits coverage. Some employer-sponsored disability coverage will reduce or even discontinue payments if and when you also qualify for Social Security disability benefits. To find out what the rules are regarding your employer's disability coverage, you have to check directly with your employer's personnel or human resources office.
If your disability is the result of a work-related injury or illness, you may also be eligible for workers compensation benefits. However, if you do collect workers compensation benefits, the total of your Social Security disability benefit payments and your workers compensation benefits combined may not be higher than 80 percent of your average wages before your disability. If the combination of both benefits exceeds 80 percent of your previous wages, your Social Security disability benefits will be reduced so that the total you receive from both sources is 80 percent of your prior wages. Once your workers compensation benefits stop, you will again receive the full amount of your Social Security disability benefits.
I had to leave my company about 19 years ago on long term disability. I signed a letter with the company corporate official before leaving and that agreement doesn't indicate anything about getting SS benefits. After signing the contract they sent me a letter to apply for SS disability and when I got it they asked me to return it to the company as it was a lump sum in the beginning. Since then they started reducing thee SS benefit from what they used to give me in the first place. Is it right to do that because it was not mentioned in the separation letter? Everything else is mentioned in the letter except this part? Is my former company obliged to pay me their part irregardless of what I get from SSA?
Hi Tomy, good question. If you'd like, you can post your own question in our Ask & Answer section here:( http://www.caring.com/ask ). Good luck!-- Emily
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