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If you have questions about Social Security disability or need help putting together a strong claim for benefits, our attorneys can help. We are the Disability Advantage Group, and we help disabled workers recover the benefits they deserve. For a free case evaluation with a member of our team, call 865-566-0800.
Are School Employees Eligible For Disability Insurance Benefits During School Breaks
School employees are not eligible for Disability Insurance benefits if:
- Full wages were or will be paid to the employee during the contract period when services were performed.
- A period of disability overlaps with a school break and the employee is not scheduled to work, does not have a history of working during the break, or does not have an additional employer.
- The disability period extends through the school break period.
However, if the employee is not receiving wages but would have been working for extra income if not disabled , then the employee may be eligible for benefits to replace the additional income.
Everything You Always Wanted To Know About Disability Offsets
Q: What are offsets?
A. Offsets are provisions in your disability coverage that allow your insurer to deduct from your regular benefit other types of income you receive or are eligible to receive from other sources due to your disability. Common types of offsets include, but are not limited to, Social Security disability benefits, workers compensation benefits, and benefits from state disability programs like those offered in California, New York, New Jersey, Rhode Island, and Hawaii. Other common offsets include employer-provided disability retirement benefits, and in some cases, income received from a third party who may have caused the injury that resulted in your disability.
Q. Where can I find offset wording in my disability policy?
A. Usually the section of the policy that explains your benefit amount will have language indicating that the insurer is allowed to deduct other benefits or other income benefits. The policy will then have a separate section shortly thereafter explaining what types of benefits constitute other benefits, and how the insurer will offset them from your regular benefit.
Q. I got my disability policy through my employer but I dont have my master policyjust an explanation of benefits. Is that enough to tell me what offsets are in my policy?
Q. Does ERISA say what kinds of offsets insurers can take and which they cant?
Q. Why are insurance companies allowed to offset my disability benefits?
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Strategy For Deciding When To Take Early Retirement
While some people who quit work at age 62 purposefully apply for disability and elect early retirement at the same time, so that the early retirement payments fill the gap until the disability payments start, remember that there is no guarantee you’ll be granted disability benefits, and you could be stuck collecting less than your full retirement rate for the rest of your life. Still, this can work for those people who are severely impaired and are sure that they will get disability benefits. Getting disability benefits for those over 60 is easier than for younger folks, and Social Security gives special consideration to those over 65.
If you are considering this course of action, talk to a , who can help you assess your financial options and your chances of winning disability benefits.
Contact The Attorneys At Ryan Bisher Ryan & Simons For A Free Consultation
If all this seems confusing, be aware that Social Security disability law is complex and fraught with inconsistencies. Rarely are two cases alike.
Dont go it alone. Draw on the knowledge and one-on-one personal attention of law firm partner Philip Ryan. He has successfully handled SSDI and SSI claims for almost 30 years, including more than 3,000 SSDI hearings. Relax knowing he wont back down.
The Advantages Of Disability Retirement In California
Experiencing any type of injury or disability can be devastating, and one that permanently prevents you from working can put your financial future at risk. But depending on your injury, California has both state and federal regulations that can help you receive a certain disability retirement amount, allowing you to meet your financial expenses without having to worry about your inability to work.
So Which Is Right For Me
The most important determining factor for deciding which disability benefits to apply for is how long your disability will prevent you from working.
One year, or less – Apply for California State Disability Insurance
More than one year – Apply for Social Security Disability Insurance AND California State Disability Insurance
Because of the long waiting period associated with SSDI approval, you should also apply for SDI to reduce your financial hardship while waiting for your SSDI case to be approved.
Do You Qualify For Disability Insurance
The State Disability Insurance program provides partial wage replacement to eligible workers who are unable to work because of a disability, illness or pregnancy. The program is state-mandated, and is funded through employee payroll deductions. Workers covered by SDI are covered by two programs: Disability Insurance and Paid Family Leave . The Employment Development Department administers both of these programs.
The following are the Employment Development Departments most frequently asked questions about Disability Insurance:
What do I do to apply?
To file a claim, you can call the EDD Disability Insurance customer service line to request a form, apply online, or walk into any local EDD office to get an application. You can process a claim online by visiting http://www.edd.ca.gov/disability/ di_how_to_file_a_claim.htm or you can call an SDI program representative at 1-800-480-3287 or 1-866-658-8846 . You need to mail your claim form within 49 days from the first day you were disabled. If your claim is late, you may lose benefits unless your explanation of the delay is accepted as reasonable.
How much money will I receive?
Can a doctor outside of the U.S. certify my disability claim?
Yes, a doctor from another country is able to sign your disability form so you can collect your benefits. The process will take a little longer because the out of country doctors license has to be cleared by the EDDs medical directors office.
Do I get paid for the waiting period week?
State Disability Insurance Offset And Retirement Benefits
The short-term disability offset does not apply to those receiving Social Security retirement benefits. So if you are over age 62 or approaching age 62, you may want to consider filing for early retirement benefits to avoid the SDI offset. However, since retiring early will lower your Social Security retirement payment , you’d have to do the numbers both ways to see whether this would benefit you. If you’re not sure, ask a disability attorney or contact your local Social Security office for help with the calculation.
How Do Ssdi And Social Security Retirement Work Together
SSDI pays out your full retirement benefits until you qualify to draw them under the traditional Social Security retirement scheme. Once you reach full retirement age based on the year you were born, the SSA will automatically start your retirement benefits and cease your SSDI payments.
The SSA allows you to file for retirement benefits as early as age 62, or wait and receive your full benefit amount when you reach full retirement age. Depending on what year you were born, this may vary from 65 to 67 years old. For most people, it does not make sense to file for early retirement benefits at age 62 if you are already receiving SSDI because of a disability. Your disability payments equal your full retirement amount, and those who opt for early retirement receive reduced benefits.
Imagine that, at age 60, you suffer a back injury leading to a disability. You are approved for SSDI benefits and you begin drawing an amount equal to your full retirement amount. When you reach age 62, nothing changes; you continue to draw your full SSDI amount. Once you reach your full retirement age, the SSA swaps you from SSDI to traditional retirement benefits. However, this occurs automatically so you will not see a break in your benefits and do not need to do anything to ensure this happens.
For a free legal consultation, call 412-661-1400
I Have Some Vacation And Sick Days May I Use My Vacation Or Sick Days At The Same Time I Receive Sdi
You may receive vacation pay and SDI at the same time.
You may not receive full sick pay and SDI at the same time. You may receive partial sick pay to cover some or all of the difference between SDI and your full wages. If you are uncertain, you should report to EDD any pay you receive from your employer.
Who Handles Overseas Ssa Issues And Other Help
The SSA actually operates a division specifically set up to deal with international matters. Its called the Office of International Operations . According to the SSA, the division receives assistance from the Department of States embassies as well as various consulates. The OIO serves people who are already living outside the U.S. or who plan to live outside the U.S.
OIO allows people to:
Social Security Disability Insurance
SSDI is what comes to mind when most people think of Social Security disability. It is a program for workers who become disabled. In order to qualify, you not only must meet the programs medical requirements, but you also must have a sufficient history of working and paying payroll taxes.
Unlike the other big federal government disability program, VA disability, SSDI requires you to be fully disabled to receive benefits. There is no partial Social Security disability. For this reason, when you file a disability claim, your medical evidence and other supporting documentation are critical.
Can You Collect Social Security And Disability
Wondering whether you can collect Social Security and Social Security Disability Insurance at the same time? The short answer is probably not. The long answer, however, is maybe. Social Security and SSDI serve similar purposes, but the requirements vary for each. Social Security is for those whove reached early or full retirement age, while disability insurance typically serves younger individuals who cannot work due to serious medical conditions. However, an exception may apply. We take a closer look in this guide.
A financial advisor can provide professional insight into the world of retirement planning. Find a financial advisortoday.
My Physician/practitioner Says I Will Be Unable To Work For More Than A Year How Long Can I Collect Disability Insurance Benefits
You can collect up to 52 weeks of full Disability Insurance benefits, or the amount of wages in your , whichever is less. You may be paid for periods longer than 52 weeks if your benefits are reduced because you returned to work on a part-time basis, or if you received other money during your disability claim period. You can contact the Social Security Administration if your disability extends beyond what DI allows.
Important Things To Keep In Mind About Disability Benefits
Here are a few things to keep in mind about disability benefits whether living overseas, planning to live overseas, or staying in the U.S.:
- One should alert the SSA if moving, whether inside or outside of the country.
- A non-citizen who changes immigration or citizen status should alert the SSA.
- Once outside the country 30 consecutive days in a row, the SSA considers that living out of the country. The SSA considers out of the country to mean a person is not in any of the 50 states nor in the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana Islands or American Samoa. Alert the SSA in this case.
I Received My Notice Of Computation Why Havent I Received A Benefit Payment
This notice does not confirm that you are eligible to receive benefits.
We send you the Notice of Computation to let you know your potential weekly and maximum benefit amount based on the wages you earned in your base period. We may need more information before making a decision about your eligibility.
The Differences Between State And Social Security Disability
While both programs provide compensation when a person becomes disabled and cannot work, different levels of government administer them. Social Security disability comes from the federal government and receives its funding from federal payroll taxes. State disability, as its name indicates, operates at the state level and only in certain states.
States that offer disability programs do so on a short-term basis. This makes them an ideal stopgap measure for people who are not disabled long enough to qualify for Social Security disability, which requires you to have a medical condition that lasts or is expected to last 12 months or longer. Most state programs provide benefits for only a few months.
What Is State Disability
State disability is a short-term benefit program offered in certain states to workers who become disabled. It operates like a stopgap to Social Security, providing compensation for people who have to miss work for a number of months but less than one year, making them ineligible for SSDI or SSI.
The five states that offer state disability as of 2018 are California, New York, New Jersey, Rhode Island, and Hawaii.
What Is The Difference Between State Disability Insurance And Social Security Disability Programs
California State Disability Insurance is a state program that provides short-term benefits if you can’t work because of a non-job-related injury or illness. Employees pay into the system through SDI taxes that are taken out of their paychecks. People who are self-employed or business owners can choose to pay for elective coverage. SDI covers a wide range of disabilities lasting more than seven days. It also offers Paid Family Leave for those who are caring for a sick relative or bonding with a new child.
Social Security Disability Insurance is a federal program giving long-term cash benefits to people who have paid into the system and can’t work because of a disability.
Supplemental Security Income is a federal program providing long-term cash benefits to low-income people who have a disability, are blind, or are 65 or older.
To qualify for SSDI or SSI, the disability be a total disability lasting for at least 12 months or that can be expected to result in death. The person must not only be unable to do his or her previous work, but also that he or she cannot — considering age, education, and work experience — do any other kind of work that exists in the national economy.
Understanding Ssdi And Ssi In California
Social Security Disability Insurance and Supplemental Security Income are two distinct programs with different requirements.
Most people in California have heard about Social Security Disability even if they have not needed it themselves. However, one of the most commonly misunderstood facts about this form of assistance is that it is quite different from another form of public assistance-Supplemental Security Income. Understanding the difference between the two is important for all workers in California.
How The Offset Applies To Disability Backpay
If you’re approved for SSDI benefits, Social Security will pay you the monthly Social Security disability payments that you weren’t paid while you were waiting for a decision. Back payments can go back to a year before you apply . Before releasing your lump-sum of back payments, Social Security will calculate the offset for each month that you are owed backpay. Any month where the amount of SSDI and SDI your family would have received is above 80% of your pre-disability salary or wages, Social Security will determine the offset and subtract each month’s excess from your lump-sum back payment.
Can I Qualify For Ssi While Collecting Social Security Retirement Benefits
While you cannot collect Social Security retirement and SSDI at the same time to increase your benefits beyond the full retirement amount, there is a program that may allow you to collect additional income.
is a Social Security program that helps seniors and those with a disability who have an extremely low income. To qualify for SSI, you need to meet strict income qualifications and have only a minimum amount of resources. Under this program, your retirement or SSDI checks count as unearned income. According to the SSA, the average retirement benefit in 2017 is $1,360 per month. However, many people receive well below this average.
To qualify for SSI, there is a 2017 limit of $755 per month on unearned income. The limit for couples is $1,123 per month. You also need to meet other financial qualifications to receive these benefits.
My Health Benefits Stopped While I Was On Paid Family Leave What Can I Do
The US Department of Labor provides a temporary extension of health benefits at group rates for certain former employees through the Consolidated Omnibus Budget Reconciliation Act program. For more information, contact the DOL at 1-866-275-7922. For TTY, use 1-877-889-5627.
There are two ways you can notify us of the deceased claimants date of death to stop their benefit payments:
- Phone: Call us at 1-800-480-3287.
- Mail: Use the PO Box address printed on the payment notice.
If eligible, benefits are payable through the date of death. We will need the following information to stop benefit payments and contact you with additional instructions:
- Claimants full name
Do I Need To Report My Disability Insurance Benefits For Tax Purposes
No, your benefits are not reportable for tax purposes. However, if you are receiving Unemployment Insurance benefits, become unable to work due to a disability, and begin receiving DI benefits, a portion of your DI benefits will  be reported for tax purposes.
If this happens, we will send you a notice with your first benefit payment. This notice will tell you that your benefits are being reported to the IRS. In January we will provide you with a 1099G form showing the reportable amounts paid . We will also send a copy of the 1099G to the IRS.
When Should I File My Claim
You must file your claim between 9 and 49 days after the start of your disability. You cannot submit your application until the 9th day, and if you wait too long you may lose your benefits. If you file your claim after the 49th day, include a letter explaining why you couldn’t submit your claim on time.
What If I Attempt To Return To Work But I End Up Needing To Go Out On Disability Again
If you return to work and are able to perform your regular or customary job for more than 60 days, then your disability benefit period is considered ended. If you stop working again due to disability, you must file a new claim for SDI, and re-establish your eligibility for benefits as of the date of the new claim. If you are eligible for SDI as of the date of your new claim, you are entitled to a new benefit period of up to 52 weeks.
If you return to work for more than 60 days, but do not perform your regular or customary work due to your disability for example, you work only light duty or only part-time you may be able to continue your prior disability claim. You will need to show EDD that you did not perform your regular or customary work when you attempted to return to work.
If you return to work for fewer than 60 days, and stop working due to the same disability, you are considered to be within the same disability benefits period. You may continue receiving benefits under your original claim and the 7-day waiting period required by these claims will be waived.
I Got My First Benefit Payment Why Wasnt I Paid For The First Seven Days
The first seven days of every new claim is a non-payable waiting period. The first payable day is the eighth day of your claim. Review the step-by-step overview for the to learn more.
The Governors Executive Order N-25-20, signed March 12, 2020, waives the one-week unpaid waiting period for COVID-related DI claims with a start date of January 24, 2020, through September 30, 2021. You can collect DI benefits for the first week you are out of work.
Note: The Governors Executive Order N-08-21, signed June 11, 2021, returns the requirement to serve the one-week unpaid waiting period for COVID-related DI claims with a start date on or after October 1, 2021. You can collect DI benefits starting on the eighth day you are out of work.
If you are eligible, the EDD processes and issues payments within a few weeks of receiving a claim.
How Your Ssdi Payments Are Calculated
The severity of your disability will not affect the amount of SSDI benefits you receive. The Social Security Administration will determine your payment based on your lifetime average earnings before you became disabled. Your benefit amount will be calculated using your covered earnings. These are your earnings at jobs where your employer took money out of your wages for Social Security or FICA.
Your SSDI monthly benefit will be based on your average covered earnings over a period of time, which is referred to as your average indexed monthly earnings . The SSA uses these amounts in a formula to determine your primary insurance amount . This is the basic amount used to establish your benefit.
SSDI payments range on average between $800 and $1,800 per month. The maximum benefit you could receive in 2020 is $3,011 per month. The SSA has an online benefits calculator that you can use to obtain an estimate of your monthly benefits.
Tips For Getting Retirement Ready
- Relying on Social Security alone may not be the best option when it comes to saving for retirement. As you approach early retirement age, its best to save as much as you can along the way. Our retirement calculator can help you determine how much money you need to retire comfortably.
- Financial advisors can help you manage Social Security benefits, taxes and much more. If youre having trouble finding the right fit, SmartAssets free financial advisor matching calculator pairs you with up to three advisors in your area.
Social Security Disability Is Already A Form Of Early Retirement Benefits
You can’t receive Social Security retirement benefits and disability benefits at the same time . The Social Security disability program exists to provide disability benefits to those who are unable to work as a result of their conditions and who are too young to draw their retirement benefits. In this sense, Social Security disability insurance can be thought of as a retirement benefit for those who are forced to retire early. If you do collect SSDI disability benefits, they will be converted to retirement benefits when you reach full retirement age.
How Is The Sdi Benefit Calculated
The SDI program generally pays 60-70% of the average wages you earned before the start of your disability. To calculate your average income, SDI looks at a yearlong period that starts around 17 months before your disability, and ends around 5 months before your disability. Those 12 months are called your base period. SDI divides your base period into 4 quarters and uses the quarter when you had the highest wages to figure your average income, and your benefit amount.
Learn more about Calculating SDI Benefits, and check the chart of Weekly Benefit Amounts.
What If I Dont Have Money In My Base Period Because I Was Unemployed Before I Became Disabled
There are two rules that may help you if you do not have earnings in your base period due to unemployment:
First, if you have an unexpired claim for unemployment insurance benefits when you are seeking SDI, then you may use the base period you used for your unemployment insurance claim.
Second, if you were unemployed during any quarter of your base period meaning out of work for 60 or more days and looking for work you may disregard that quarter and begin your base period three months earlier than the period set forth in the above chart. For each quarter you were unemployed, you may go back another quarter.