View Full Version : does WC voc rehab affect SSDI eligibility?
10-03-2006, 03:05 PM
I just got awarded SSDI benefits, which I'm thrilled about -- a big victory.
But I'm also currently in a WC voc rehab program. I didn't mention anything about my WC case when I applied, because I was told they were completely separate.
Does the fact that I'm in a VR program mean that I'm not eligible for SSDI?
I know that you can't receive both payments at the same time -- I'd prefer to go on SSDI. But I'm worried that once they find out I was in a VR program, I won't be eligible for SSDI after all.
If anyone knows about this, or knows where to go to find out more about workers comp/SSDI crossovers, I'd be so grateful. So far I haven't turned up much.
10-03-2006, 03:23 PM
Hello.I'll try and give my OPINION,but you better look into your situation carefully.First,I dont know who told you that you can't collect both at the same time.You can.As for being on SSDI and attending voc. rehab.What happens when you complete the program and they document that you can now do such and such and have completed such and such ,and you sign your name.You might believe that w/c and SSDI are completly seperate,however there are rules whithin the SS guidelines that state you are to notify SSA of any w/c settlements if SSDI is going to be considered.You would be wise to contact an attorney that knows about both programs. Or if you have an attorney ,have the atty.look into it. You dont want to find yourself down the road owning money and losing benefits.You ask "Does the fact that I'm in a VR program mean that I'm not eligible for SSDI? "So do you have the SSDI or not.If you do have them,then you are of course eligible. But you can also lose them.SSDI does review every 3-7 yrs. You better continue going to the Dr. and keep your case current.I know that if you were to look to settle your W/C case for a lump sum,you may be required to notify SSA of the settlement ,possibly pay an offset to SSA for future medical care,and I would think it wouldn't be a good thing for you if a voc. program states you completed a program that will enable you to work again.SSA does have a program that will allow you to work to a small extent ,but if they can get you off the rolls and back to work ,they will.
Wow to me it seems to be a case of give misinformation and keep them guessing! Two attorneys (one worker comp for the claimant and one for an insurance company) told me that you cannot collect both, as they come out of the same "pot." Worker comp would love to give you over to the SSDI program, and you will be better off with them also, imo. I agree that you need to tread lightly and ask a local lawyer for advice. TC. JD
10-04-2006, 10:35 AM
I have been in the W.C. system for around 6 years. I to just got awarded SS disability and am currently in W.C. vocational rehab program. I have legal representatives in both fields. Do not take what I say as legal advise for some states may have different rules pertaining to W.C. laws.
As far as letting SS know about the W.C. case , you must tell them when you apply for SS , if you didn’t , I think you should do it right away.
As far as taking the rehab classes I was told it would not affect my SS. Once you complete the training I do not know what to expect.
In my case I am getting both W.C. and SS benefits. W.C. pays 66% of my salary at the time of injury. SS pays me 14% of my previous salary making a total of 80% which is the max. they allow. When the W.C. case is settled I will get the full benefit amount for SS.
As far as a settlement from W.C. it will affect your SS benefits. Also Medicare will want a set aside for your future medical needs. They will look at your records and determine what that amount is. I was told if I get a lump settlement I will lose my SS benefits for a period of time. But if you set it up as being paid so much per month for a certain period of time (structured) you can make the payments lower then what SS says you can make per month and then you will be okay.
I hope this helps you some. If you have any thing I can help with feel free to ask
10-04-2006, 07:27 PM
Thanks Mark,thats kinda how I remembered it .but it's been a while and didn't want to give wrong info.FYI W/C is a state run program,and depending on your state the benefits could be like night and day. SSDI a federal program,is cut and dry. No matter where you live ,the rules are the same.
Well that all sounds good.
I am maxed with w/c at 80% and should have been receiving more but my State has a specific maximum also that limits what I receive. No SSDI for me ever :(
10-10-2006, 11:19 PM
Thanks for the helpful info. I'm certainly not trying to keep any information hidden, I simply didn't know what to tell them when I applied.
10-30-2006, 03:01 PM
I was applying for SSDI when I went through voc rehab for retraining, I settled my w/c. My workers comp did not affect the voc rehab, the voc rehab did not affect the SSDi when I received it also. When I applied for SSDI I told them I was in college under a voc rehab gave my case worker. I since graduated, have been provided equipment to work.
In August I gave mny ticket to work to voc rehab for the equipment, I ws not sent a CDR this year as I would ahve expected for three years.
I have not had a quater qulifying as SGA by a letter sent from SSDI. They deemed I had no medical improvement.
If I work under the $900 for 2007,. am deemed as not medically improved I could potentially be on SSDI and earn $900 a month, after they take my gross earnings and deduct the medical needed medications etc. (If I needed transportation).
So far I only work 10 hours a week and earn about $500 gross a month.
I received about $5,000 in grants from voc rehab for college and it did not in any way affect my SSDI. They also paid for glasses.
In fact I rent a home, and it is not earned income, so it does not affect my SSDI!
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