Episode 123: In today’s episode, Murray attorney Jeff Roberts discusses an interesting question, “Can I file for workers’ comp and social security disability?” Some workplace injuries are severe enough that the injured worker will not be able to return to work. They can receive permanent total disability benefits from workers’ compensation, but they may also have the right to file for social security disability at the same time.
Jeff has over 33 years of experience handling workers’ compensation claims and social security disability claims, in addition to his personal injury practice. It’s not often you’ll find a law firm that handles all 3 of those areas of law.
Jeff describes a previous client who contacted him to file for social security disability. After speaking with the individual, he determined the injury was work-related, and thus qualified the person to file for workers’ comp.
You Should Consider the Timing of the Benefits
Kentucky workers’ comp will begin paying temporary total disability benefits fairly quickly. These pay for part of your lost wages during the time you’re off work. However, those benefits will stop, once you’ve returned to work or reached what the doctor will list as maximum medical improvement (MMI), whichever occurs first.
Once the injured worker reaches MMI, there will be a discussion as to whether he/she can return to work. If that’s not possible, Jeff will usually recommend filing for social security disability, and for workers’ compensation total permanent disability.
Jeff discusses how he understands the decision to file for disability is a difficult decision. The are emotional, financial and other considerations. Unfortunately, for some, it’s the obvious next step, due to the extent of their injuries.
For some injuries, such as a back injury, the person may undergo surgery and then return to work. If Jeff isn’t certain the client will be able to return to work, he’ll discuss the advantage of proactively filing for social security disability, even before the surgery. An example would be of an older worker who needs a multi-level, spinal fusion, but works in construction or has to lift heavy objects at work. That person may not be able to return to work.
It takes much longer for a social security disability claim to go through the process. The advantage to filing early, is that those benefits might be available around the time the workers’ comp temporary total disability benefits stop. Jeff explains how the social security disability process might take 1.5 years before benefit payments would begin.
Can I Cancel My Social Security Disability Claim?
If the worker is able to return to work, the social security disability claim can be dropped. There’s even an option allowing the person to attempt to return to work. This is a 3-month trial period. If you find out you can handle it, the Social Security Administration will not penalize you for having attempted it.
Taking advantage of the attempt to return to work can actually be beneficial to your claim, if you’re unable to continue. It allows Jeff to show the judge you made an attempt to avoid going on disability, but the job tasks were too much.
It Won’t Cost You Upfront to File for Disability
Jeff works on a contingency fee basis. There are no upfront fees to hire him, so having Jeff file for workers’ comp and social security disability won’t cost you money out of pocket. If you are able to return to work and the social security disability claim is dropped, Jeff won’t send you a bill for that. Under a contingency fee, the attorney only gets paid when he/she is successful in your case. The attorney fees, filing fees and other expenses are deducted, at the end of the case.
It’s the Right Way to Do Business
Jeff wants to see you go back to work, if at all possible. The fact that you did, even though you had filed a disability claim, if perfectly fine with him. He understands it’s in your best interest to return to work, regardless of the fact that he’d put in work on your disability claim.
This reflects the motto Jeff has for his office, “Provide Small-Town Service and Deliver Big-City Results.” Being able to always focus on what’s best for his clients is part of that small-town service. It’s the way he was raised. It’s the right thing to do.
Back Pay for Your Social Security Disability
Because the process takes much longer than workers’ comp, Jeff explains that you can be awarded back pay if your social security disability claim is approved. Remember, it can take 1.5 years or more to get a decision regarding your disability claim. If approved, social Security will go back to one year prior to filing.
If you file on in February of 2026, they could pay you all the way back to February of 2025, assuming you were disabled that far back.
Social Security Disability also has a 5-month waiting period. You must have been disabled 5 months before they start paying disability benefits. You need to file within 17 months of the onset of your disability to avoid losing out on disability benefits.
There are however, a number of situations in which an individual may be granted social security disability benefits, in a much shorter period of time. In Episode 76, Jeff discusses the Listing of Impairments that are severe enough that the Social Security Administration expedites the approval of disability benefits.
Understand the Insured Status Requirement for Social Security Disability
Jeff explains this is another factor to keep in mind when deciding whether to file for disability. You must meet the insured status requirement by having paid enough into the system to qualify.
It’s similar to paying car insurance. If you paid your annual premium for car insurance this year, but don’t pay it next year, you’ll lose coverage on the vehicle. For social security purposes, once you stop paying into the system, by paying your social security withholdings from your paycheck, eventually you’ll lose your insured status. Assuming you’ve worked full-time for a period of years, it usually takes about 5 years to lose your insured status requirement. However, this is case specific. Someone who only works sporadically, might not have the full 5 years.
There’s also a date-last-insured that impacts your ability to receive social security disability. You must be disabled prior to your date-last-insured.
It’s a complex decision, involving a very complex system. It’s a good idea to seek the advice of an experienced attorney to help you to work though the details of your specific situation.
Jeff can handle social security disability claims in all 50 states.
Jeff Roberts Has a Law Office in Hopkinsville
Jeff’s office is located at 1910 S. Virginia St, Suite 210. He can meet with you to discuss your specific situation. He offers free consultations.
We hope you found this episode insightful and helpful.
Thank you for listening!
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers small town service with big city results.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
Is It Time to Speak with an Attorney about Your Social Security Disability Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
