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Can I Receive Workers Compensation Benefits, Social Security Benefits, and Long Term Disability Benefits at the Same Time?

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Can I Receive Workers Compensation Benefits, Social Security Benefits, and Long Term Disability Benefits at the Same Time?

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A disabled employee may receive Workers Compensation, Social Security, and Long Term Disability Benefits at the same time. The disability standards for each of these is different. The receipt of one does not assure the receipt of any of the others. Courts in the Ninth Circuit that includes California have explicitly stated that the award of Social Security does not conclusively determine that an employee will receive benefits in a long term disability case because the standards are different. Every long term disability plan that we have reviewed, whether self-funded or insured, has provided for coordination of benefits generally referred to by the term “offsetting benefits.” Under the terms of these plans, the plan will guarantee payment of a certain percentage of the employees’ salary at the time of disability (usually between 50% and 70%) offset by certain specified benefits received by the employee. These offsetting benefits generally include benefits received as the result of disab

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