Is Virginia Workers’ Comp. Reduced by Social Security Disability Benefits?

Ordinarily, disability payments from other sources do not affect Social Security Disability benefits.  However, if the disability payments that are received is Virginia workers’ compensation or another public disability payment (such as some civil service disability benefits, some military disability benefits, some Federal, State or Local government retirement benefits if they are based on disability)  a person and their family’s Social Security benefits may be reduced.

If this is the case, in general,  a person’s Social Security Disability benefit will be reduced so that the combined amount of the Social Security Disability benefit a person and his/her family receives plus their Virginia workers’ compensation payment and/or public disability payment does not exceed eighty percent (80%) of  the workers’ average current earnings.

Posted by Sheri Abrams, Attorney at Law,