Q: If my husband files for workers' comp, can he also get SS disability?
A: The short answer is yes. There is a maximum combined payment based on his earnings record, usually from the 5 years before the injury or before he qualifies as disabled. There are other ways to calculate the maximum combined benefit amount, and Social Security is supposed to use the one that results in the highest payment from both claims. If his income was higher, there would be no offset or reduction, where the Social Security disability payment is reduced because of the WC payment. You can contact me tomorrow at jfriedman@cruzfirm.com or, after 10:00 a.m., at 602-492-533, if you have questions. I also can talk to you about what to expect from the work injury case. Thank you
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