Social Security Disability Benefits And Total Temporary Disability

A recent ruling by the West Virginia Supreme Court of Appeals ruled that injured workers are entitled to both Social Security Disability benefits and temporary total disability benefits for the same injury; though Social Security Disability benefits will be reduced in order to prevent double recovery. However, the workers must be able to prove either a progression or aggravation of the injury in question.

Two cases were recently combined for workers who obtained compensable injuries that hindered their ability to return to work. Both workers were awarded Social Security Disability benefits; but both workers suffered from further distress of their initial injuries and subsequently filed for reopening their cases to request temporary total disability benefits. Their requests were denied.

One worker’s case was transferred back to a lower court where benefits for temporary total disability were awarded; while the other worker’s case was investigated further to ensure that he had truly suffered from aggravation of the injury in question.

The courts decided that temporary total disability can be awarded simultaneously if the individual suffers from aggravation or progression of their injury. This is due to the federal law not currently imposing a compensation bar for those receiving Social Security Disability benefits; therefore allowing both benefits to be receivable.

However, it should be noted that temporary total disability must be terminated when the individual has either received medical certification to return to work, or has improved medically to a point of being able to return to work.

Categories

    I didn't think there was a caring professional considerate attorney firm on the planet, but Troutman & Troutman proved me wrong. From the receptionist to the legal assistance to the attorney and more they were exceptional people.

    - Robert S.

    They did a fantastic job getting everything gathered up and getting the trial done as quickly as possible. Anytime I had a question they were patient and help me understand what was going on. Especially Christy and Charlie were great.

    - Michael M.

    Steve Troutman was able to get my short-term and long-term disability for me. Then Erin another lawyer for their firm got my Social security disability for me. Great people.

    - Billy S.

    Mr. Troutman walked me through the entire process. Heather was available each time I called, answered all my crazy questions, and helped me fill out forms along the way. I was never treated like I was wasting time.

    - Julia C.

    Erin and Keith were fabulous! They were compassionate, helpful, and very responsive! They made the process very smooth and painless every step of the way.

    - Valerie W.

We Are Here to Help 

Free & Confidential Consultations
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.