Workers’ Compensation and Social Security

According to the Social Security Administration, for those born in 1960 and later, their “full retirement age” is 67 years. For those born before then, it varies from 65 to 66. The reason the “full retirement age” is relevant is because it is the age at which full retirement benefits can be received from the Social Security Administration. A few years before then, people can receive discounted amounts of their retirement.

There is a statute in the Pennsylvania Workers’ Compensation Act that allows insurance companies to offset some of their payment when a worker also receives Social Security payments. A similar rule existed in Utah, but was overturned on Constitutional grounds. The challenge to the rule in Utah was based on the fact that the rule allowed for age discrimination against worker’ compensation beneficiaries, as the only people who could have their payments offset were those roughly over the age of 65.

Although the law was overturned in Utah, this does not mean that the law will necessarily be overturned in Pennsylvania, as well. Dealing with workers’ compensation payments can be extremely confusing, as the laws frequently vary from place to place and can change over time. If you have any questions about your workers’ compensation claim or payments, talking to an experienced Pennsylvania workers’ compensation lawyer can be invaluable.

Contact Us

If you have questions regarding the implications of Social Security offsets with workers’ compensation benefits, contact the Pennsylvania workers’ compensation lawyers of Lowenthal & Abrams, P.C. by calling 610-667-7511 today.