The Benefits Of Applying For Social Security Disability
The only benefit of applying for Social Security disability is that your claim gets applied to any benefit that your long-term disability insurance company has to pay. The other benefit is that the Social Security Administration typically wont terminate your benefits like a long-term disability insurance company would. Its important to know what the rules are for both of those claims and how your benefits can be approved or denied in both situations.
If you have questions about that or if youve received a notice that youre required to apply for Social Security disability benefits after a long-term disability claim has been approved, give us a call or send us an email. Wed be happy to sit down with you and explain it further as it relates to your specific case.
What Is The Difference Between Social Security And Va Veterans Disability Benefits
Social Security has two types of disability benefits. Social Security disability insurance benefits require that you have worked.; Unlike SSDI, Supplemental Security Income benefits dont require that youve worked.; However, you must meet certain financial requirements.; The VA offers veterans disability benefits only for individuals who have served in the armed forces.;
If Your Spouse Also Worked Under Social Security
If your spouse is eligible for retirement benefits on their own record, we will always pay that amount first. But, if the spouses benefit that is payable on your record is a higher amount, they will get a combination of the two benefits that equals the higher amount.
If your spouse will also receive a pension based on work not covered by Social Security, such as government or foreign work, their Social Security benefit on your record may be affected.
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Can You Receive Both Ssdi And Private Disability Insurance
- Maggie Schott
Considering how low average Social Security payments are, it spurs many to consider either buying private disability insurance or planning potential private options through their employer so that if they do get injured, they have support ready to go.;
In short, you can receive both Social Security Disability Income and private disability insurance at the same time. Receiving private disability insurance payments doesnt affect eligibility for Social Security and Social Security payments will never decrease as a result of private disability payments. However, Social Security payments could reduce the amount you receive from a private policy so that your total monthly income stays the same amount as if you were just receiving federal benefits.;
Is It Possible To Collect Disability And Survivor Benefits Simultaneously In Pa
As stated earlier once the disabled surviving spouse reaches the full retirement age his or her disability benefits convert into a retirement benefit. At this point a person may not receive two social security benefits and will be able to opt for the higher monthly payment.
For example, a surviving spouse who is not disabled starts claiming the normal survivor benefits at the age of 60. Once the surviving spouse reaches the full age of retirement, or 67 in this example, he or she becomes eligible to collect their Social Security benefit. At this time the surviving spouse will begin receiving the higher benefit.
If, however, the surviving spouse is disabled and collects disability benefits the situation is slightly different. First of all the surviving spouse can begin claiming the survivor benefits at the age of 50 instead of 60. Secondly, the surviving spouse will not receive the entire survivor benefits in addition to the disability benefits already being received.
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Can I Receive Both Ssi And Ssdi Benefits Every Month
The Social Security Administration offers two types of benefit programs: Social Security Disability Insurance and Supplemental Security Income . SSDI is based on your previous income and how long you paid Social Security taxes. SSI is based on your income and has strict financial limits.
It is possible to receive both SSI and SSDI at the same time. This is known as concurrent benefits. To qualify for both, its likely that you will be approved for a lower SSDI payment. This is often because you have not worked in recent years or that in the past your wages were low.
How Does Social Security Work If You Have Workers Comp
Retirement benefits, on the other hand, pay only 60%. If making ends meet is hard with your workers comp, you can still file for other disability benefits. Most workers compensation recipients also qualify for Social Security Disability Benefits. These benefits automatically convert to retirement benefits once you reach retirement age.
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Are There Ways To Reduce The Offset Of Workers Compensation Payments Against Social Security Disability
Yes. It is possible to reduce or eliminate the Social Security Disability offset based on workers compensation. But you will likely need an experienced attorney to help you.
First, you can consider taking early Social Security retirement.
There is no offset of workers compensation against regular Social Security retirement benefits, only Social Security Disability.
But make sure you analyze the numbers to determine if it makes sense to take early retirement. If you retire early you will not receive your full retirement benefits.
Second, you can negotiate a lump sum workers compensation settlement.
This option only works if the workers compensation settlement documents include protective Social Security offset language. The protective language allows you to prorate, or spread out, the lump sum payment over the remainder of your lifetime, reducing the offset.
Your settlement documents should also include provisions that allow you to deduct certain expenses. The SSA allows you to deduct attorney fees, medical expenses that are not covered by Medicare, such as over the counter medication, and vocational rehabilitation expenses before considering the total amount to calculate your offset. These expenses add up and can reduce the offset greatly.
Do My Va Veterans Disability Benefits Affect My Social Security Disability
VA veterans disability benefits dont affect your SSDI payments.; You can receive both VA and SSDI payments at the same time.; However, VA benefits will reduce your SSI payments.; SSA considers VA benefits as unearned income.; Social Security will deduct unearned income on a dollar for dollar basis except for a $20 exclusion.; In other words, Social Security reduces your SSI benefits by the amount of your VA payments.;
Social Security and the VA follow different rules.; Getting approved for one doesnt increase your chances of getting approved for the other.; However, Social Security considers evidence from the VA.; Similarly, the VA considers your Social Security records.;;;
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How Does The United States Compare With Other Countries
According to a recent analysis by the Organisation for Economic Co-operation and Development, or OECD, the United States has the least generous disability-benefit system of all OECD member countries except Korea. The OECD describes the U.S. disability-benefit system, along with those of Korea, Japan, and Canada, as having the most stringent eligibility criteria for a full disability benefit, including the most rigid reference to all jobs available in the labor market and the shortest sickness benefit payment duration. In addition, the United States spends less as a share of its economy on incapacity-related benefits than other nations. In 2009 public expenditures on incapacity-related benefits comprised just 1.5 percent of U.S. gross domestic product, or GDP, compared to an average of 2.4 percent for all OECD nations.
Proponents of cutting disability benefits in the United States sometimes point to particular elements of disability program reforms in Europeparticularly in Germany, the Netherlands, and the United Kingdomas potential models for changes to the Social Security disability programs. In general, however, such proposals fail to take into account that these nations have much more generous disability systems, less rigorous disability standards, higher levels of social expendituresnot just on incapacity benefits but on social assistance generallyand more regulated labor markets than the United States.
Do I Need A Lawyer To Represent Me In My Ssd Claim
You do not have to hire a lawyer to pursue a Social Security Disability or Supplemental Security Income claim. However, because of the various deadlines and other technical requirements for the application and appeals process, a lawyer can be very helpful.
Hiring an experienced law firm as your advocate during the appeals process could mean the difference in whether you ultimately collect Social Security Disability benefits or not, and receiving the maximum amount of benefits you’re entitled to receive.
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Special Rules For Disabled Widow
If you are a disabled widow, the date you begin to receive benefits depends on whichever of the following happens last:
- 12 months before the date you applied
- five months after the “date of onset” of your disability
- the month your spouse died, or
- the month you turn 50.
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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.
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What Programs Provide Disability Benefits
When people say that they are on disability, it usually means that they are receiving any of the following benefits or some combination of these benefits:
These are different programs that provide financial assistance to disabled persons who cannot work at all or who cannot work full-time at their occupation or at any occupation. If you are disabled, it is important to know which benefits you are eligible for and how the programs work alone or in combination. It is more complicated than you may think at first.
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.
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Can I Receive Benefits From Long
If you are receiving Long-Term Disability payments from your employer and you are approved for SSD benefits, your Long-Term Disability payments may be reduced. As insurance policies tend to vary, you should contact your Long-Term Disability insurance carrier for more information about your policy.
How Common Is It To Receive Both Social Security Disability And Workers Comp Benefits
Unfortunately many work injuries cause lifelong physical disability and even mental health problems, such as depression, anxiety, and PTSD. And when they do, the injured worker may qualify for SSDI.
According to the Social Security Administrations 2017 Annual Statistical Report on the Social Security Disability Insurance Program, approximately 467,000 disabled workers on the Social Security Disability Insurance program had filed for workers compensation or public disability benefits. This did not include the number of workers who suffered injuries on the job that did not qualify for workers comp. Or those injured workers receiving private insurance benefits.
The SSA reported that among disabled workers receiving both SSDI and workers comp benefits, a disease of the musculoskeletal system and connective tissue was the primary diagnosis. This category includes problems resulting from herniated discs, back injuries, neck injuries, shoulder injuries, knee injuries, spinal cord injuries, hip injuries, ankle injuries, and arthritis and degenerative disc disease.
Mental health disorders were the second leading cause of disability.
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Social Security And Disability Eligibility
Also known as Supplemental Security Income , you can receive Social Security retirement benefits as long as youre at least 62 years old and have at least 40 work credits. Work credits are earned when you pay Social Security taxes on income you earned from a job or from self-employment. Youll be eligible to earn these benefits at the early retirement age or the full retirement age. The full retirement age varies depending on when you were born. For instance, the full retirement age is 66 if you were born from 1943 to 1954, according to the Social Security Administration . Full retirement age is 67 for anyone born after 1960, but you can opt for early retirement benefits at age 62.
For disability, the age requirements are quite different.; You only need to be at least 18 years of age to qualify, and SSA guidelines require you to prove that:
- You cant do the work that youve done before
- You cant adjust to other work because of your medical condition
- Your disability has lasted or will last for at least one year or result in death
For example, if you are working in 2020 and making more than $1,260 a month, you wont be considered disabled.
Can I Receive Benefits From Both Unemployment Compensation And Ssd Or Ssi
If you receive unemployment compensation while your claim for SSD or SSI benefits is pending, and your claim is approved, your retroactive SSD or SSI benefits will be reduced for the period of time you were collecting unemployment compensation. Typically, unemployment means that you’re capable of working â you just can’t find a job. In order to be successful in your claim to receive SSD or SSI benefits, you must have a disability or condition that prevents you from working at all and that you are not currently seeking employment. There may be exceptions, and you should contact the Social Security Administration to learn if you’re eligible to apply for SSD or SSI benefits.
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Other Social Security Benefits
You are not permitted to collect more than one Social Security benefit at a time. If you are eligible for more than one monthly benefitdisability and early retirement, for example, or disability based on your own work record and also as the disabled spouse of a retired workeryou may receive the higher of the two benefit amounts, but not both.
For the purposes of this rule, though, Supplemental Security Income a program jointly run by federal and state governments to guarantee a minimum income to elderly, blind, and disabled peopleis not considered a Social Security benefit. You may collect SSI in addition to a Social Security benefit.
The Facts On Social Security Disability Insurance And Supplemental Security Income For Workers With Disabilities
Endnotes and citations are available in the PDF and Scribd versions.
Nearly one out of every six working-age Americans29.5 million peoplehas a disability, making them much more likely to experience economic hardship than people without disabilities. Many people with disabilities are able to work, although they face greater challenges finding work than people without disabilities. But many individuals with severe and long-lasting disabilities have no or only limited capacity to work and are particularly vulnerable to economic hardship.
For roughly 12 million people with disabilities, Social Security Disability Insurance and Supplemental Security Income, both core components of our nations Social Security system, provide critical lifelines. The modest but vital assistance that Disability Insurance and Supplemental Security provide makes it possible for individuals with severe disabilities and health conditions to live independently, keep a roof over their heads and food on the table, and pay for needed, often life-sustaining medications and other basic expenses.
This issue brief answers some of the common questions about Disability Insurance and Supplemental Security. Our focus in this brief is on nonelderly adults with severe disabilities. It is important to note, however, that Supplemental Security also provides vital support to some 1.2 million children with severe disabilities, as well as more than 2 million low-income seniors.
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