People often are confused by the difference between Social Security and Workers’ Compensation when it comes to their ability to work while receiving benefits. The Social Security Administration provides for a nine month trial work period, and after that trial period there are additional provisions allowing recipients to work. There are restrictions, however, and anyone receiving SSD and considering working should consult the Social Security Administration for their exact rules and limitations before beginning work, or consult a Social Security attorney.
However, under New Jersey’s Workers Compensation Act, a person receiving permanent total disability may not work and continue to receive total disability benefits. If a person is receiving total disability under the New Jersey Act and he or she feels able to try to work, that person must notify the company or agency paying total disability that they intend to start working.
If a person receiving total disability fails to notify the proper company or agency of their intending to work that person can be charged with insurance fraud. Anyone receiving such total disability payments and wanting to return to work should always consult a Workers’ Compensation attorney before attempting to work. If you would like to discuss this matter in more detail, please feel free to contact me and set up a meeting for a free consultation here in my firm’s Marlton, New Jersey office.