Workers Compensation Disability Benefits
After an on-the-job injury, you may receive temporary or permanent disability benefits if you are unable to work. Workers compensation laws about working while receiving benefits vary depending on your state. For example, Louisiana forbids you to get another job while receiving WC benefits. However, in Massachusetts if you already have another job, you can continue to work as long as long as your duties do not conflict with your injury and you report the income to your workers compensation benefit provider. Contact the claims adjuster managing your case if you have any questions about obtaining or retaining a part-time job.
How Do I Stay In The Sdi Program How Often Do I Have To Reapply
You do not have to reapply. However, you must tell SDI immediately if you:
- Go back to work part time or full time
- Recover from your disability, or
- Get any other type of income.
You must also imemdiately report the death of a person getting SDI payments.
At certain times SDI asks you to “certify” that you still qualify for benefits, and if you do not do this your benefits stop. If you are getting automatic payments, you are asked to certify after 10 weeks of getting benefits. If you are not getting automatic payments, you have to fill out a certification form every two weeks.
Once you are on SDI, as long as you are still unable to work because of your disability your benefit payments will continue up until the “return to work” date your medical provider listed on your application. If your disability lasts past that date, you and your medical provider must ask to extend your benefit period. SDI benefits replace up to 52 weeks of lost income, but if you get a partial benefit you might get payments for longer.
Does Ssi Affect Short Term Disability
Generally, SSI would not affect short term disability. From a practical standpoint, you would receive short term disability benefits well before receiving SSI benefits. Additionally, these programs are intended for different purposes. Short term disability benefits are intended to cover 13 weeks of missed employment. SSI is a long term disability program which requires you to be disabled for a year or more.
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How Many Hours Can I Work Before It Affects My Benefit
If you claim Income Support or Jobseekers Allowance you should normally either be not working or working on average less than 16 hours a week. Partners of people receiving Income Support/Jobseekers Allowance are able to work for, on average, up to 24 hours a week, without their partners entitlement being affected.
How Do My Social Security Disability Benefits Affect My Retirement In Florida
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If you are receiving disability benefits and are approaching retirement age, you may have some questions about how SSI and SSDI work and how one affects the other. It is important to understand the basic steps you need to take in order to receive full benefits without making costly mistakes that may impact your income for life. Because rules regarding SSI and SSDI can be quite complex, we recommend consulting with a Florida Social Security Disability attorney to understand your rights.
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Who Pays For Sdi
Employees pay for State Disability Insurance through a small SDI tax that is automatically taken out of their paychecks. That money is put into a fund, and used to pay for SDI benefits . People who are self-employed or business owners can choose to buy elective coverage by paying premiums based on their profits from the previous year.
The Amount Of Your Social Security Benefits Check Is Not Likely To Change
When you become eligible for disability benefits, Social Security sets your benefit amount as if you had reached full retirement age. For most beneficiaries, the amount of their Social Security retirement benefit check remains the same as their Social Security disability benefits check.
One exception to this rule is if you are receiving workers compensation or a public disability benefit from a government job for which you did not pay Social Security taxes. These additional benefits can reduce your actual Social Security disability payment amount. That reduction may end when you reach full retirement age, and your monthly check amount may increase at that time.
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How Does Early Retirement Affect My Eligibility For Ssdi
Early retirement is the only exception to the rule stated above regarding the combination of retirement and disability benefits. It is still important to mention once again that no person will receive double the benefits, but rather a combination of both retirement and SSDI payments, adding up to your full benefit amount. Such is the case when an individual opted for taking early retirement benefits at the age of 62 and shortly after got approved for disability benefits. Social Security will then retroactively pay you the difference between your disability payment and your early retirement payment for the months during which you received early retirement payments.
However, the opposite is not true. If you started collecting disability benefits before being approved for retirement benefits, you will not receive payment for the difference and will likely be stuck receiving payments at the early retirement rate for the rest of your life. This is not an ideal situation if you anticipate needing to opt for early retirement and may qualify for disability benefits, it is recommended that you speak to a social security benefits attorney before filling out any applications. As you can see, SSA rules can be confusing and it is easy to make a simple mistake that might cost you money and this can be easily prevented with proper advice.
How Do I Apply For Social Security Disability Benefits
To apply for SSD or SSI benefits, you can contact the Social Security Administration at 1-800-772-1213, or visit the SSA website at www.ssa.gov to file online.
You also can make an appointment at your local Social Security District Office.
At Edgar Snyder & Associates, we can help those who are disabled apply for SSD or SSI benefits. Contact us today for a free legal consultation and to get started.
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Why Should I Hire An Attorney
If your claim was denied or your benefits were terminated, you may want to hire an attorney. Hiring an attorney is not required to file an appeal, but doing so could mean the difference between winning your appeal or not. Our attorneys at Edgar Snyder & Associates can help with your SSD benefits appeal by:
- Gathering medical records and reports
- Gathering evidence particular to your claim
- Gathering documents from your Social Security file
- Determining the best course of action for your claim based on Social Security regulations
- Talking with your physician about your condition
- Suggesting a “second opinion” on your condition by having the Social Security Administration send you to a doctor
- Reviewing prior actions taken by the Social Security Administration
- Providing helpful advice to you on how to prepare for your Social Security hearing.
- Providing legal counsel at the hearing to ensure a fair and proper procedure
- Reviewing, objecting to, or making changes to the written questions being sent to a doctor by the Administrative Law Judge
- Making sure the Social Security Administration gives you your correct benefit payment, if your claim is approved
- Requesting a review of the hearing decision by the Social Security Administration Appeals Council
- Requesting a review of the Social Security Administration Appeals Council decision by the Federal District Court
Social Security Disability And Spousal Benefits
If you are not disabled but your spouse is, you may qualify for spousal benefits under the umbrella of the Social Security Disability program. These benefits can lead to a reduction of your Social Security Benefits as subject to the Government Pension Offset. This Offset, like the WEP, only takes place if you had a job where you did not pay into the Social Security System in the form of taxes.
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Risks Of Working When Applying For Benefits
You need to earn a living, and it can take a long time to get approved for benefits. However, if your case is not cut and dry , you may want to think twice about working when you apply for benefits. While technically, making under $1,310 per month is okay, if it takes you more than a few hours week to earn this amount, and a claims examiner or judge sees that you are able to perform the work, they may be less likely to believe that your medical condition is so functionally limiting that you are totally disabled. On appeal, for instance, a judge may think that if you can work a somewhat demanding job part-time, perhaps you can work full time at an easy job. Or a judge may think that you are working part time only because you cant find full-time work, not because of a medical condition. For these reasons, some disability lawyers advise their clients to not work at all while they await a decision.
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What You Can Do
If you are working part-time, it is very important that you and your employer document the accommodations that they are making for you. It is important to document anytime you are not able to meet the hours theyd like or the difficulties you are having in being able to work. Having this documentation is extremely helpful in presenting the best case possible. As you can imagine, just telling the judge that working is hard for you doesnt carry as much weight as showing documented proof of your struggles.
Contact Our Disability Attorney If You Are Working Part-Time
Given the tremendous pitfalls that surround almost every aspect of your disability case, from the initial application to the likely subsequent appeal, finding an experienced and aggressive disability attorney to manage your case is essential. Even after youve been approved, there are changes in circumstances, such as working a part-time job, that can jeopardize your benefits.
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How Offsets Can Affect Your Disability Benefits
Individuals who are eligible to receive long term disability insurance should be aware that any benefits received from other income sources could seriously reduce their monthly disability benefits.
Offsets are policy provisions that permit your insurer to deduct other sources of income you are receiving or are eligible to receive due to your disability.
These provisions may only amount to a few sentences in your policy that indicate your insurer is authorized to deduct other benefits from your monthly sum. You can often find the details of what constitutes other benefits under a separate section of the policy that explains how the offsets will be implemented.
It is important to understand what is considered an offset, how exactly they affect your disability benefits and what potential pitfalls and reductions to expect.
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.
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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.
How Soon After Applying Will I Be Eligible For Benefits From Sdi
There is a seven-day waiting period, which means you won’t get any SDI benefits for the first week you’re off work because of a non-work-related injury or illness. Benefits start on the eighth day. It typically takes SDI 14 days to process an application, so you usually start getting your benefit payments two weeks after you file your claim.
Note: There is no waiting period for Paid Family Leave .
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Social Security Disability Insurance Is Coverage That Workers Earn
Social Security Disability Insurance is a social insurance program under which workers earn coverage for benefits, by working and paying Social Security taxes on their earnings. The program provides benefits to disabled workers and to their dependents. For those who can no longer work due to a disability, our disability program is there to replace some of their lost income.
What Other Requirements Are Beneficiaries Required To Meet
In order to receive Disability Insurance, a worker must have worked during at least one-fourth of his or her adult lifetime and during at least 5 of the 10 years before disability onset. There is also a five-month waiting period before a worker can qualify for benefits.
Supplemental Security provides assistance to people with severe disabilities who have very low incomes and assets and who either lack sufficient work history to be covered for Disability Insurance or receive only a very small Disability Insurance benefit. It is important to note that many Supplemental Security beneficiaries, although lacking the sustained work history necessary to be insured under Disability Insurance, have worked and paid into the Disability Insurance system. And others, particularly women, are not eligible for Disability Insurance because they took time out of the paid labor force to care for children or other family members.
Workers must apply for and exhaust all other available benefits before qualifying for Disability Insurance or Supplemental Security. Accordingly, Social Securitys disability programs serve as a true last resort for people with severe disabilities and little to no ability to work.
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Get Help Qualifying For Disability Benefits
The truth is, applying for disability can be a long and sometimes frustrating process. Most first-time applicants are denied, and appeals can take months. However, this doesnt mean you should give up hope. With the help of an experienced Social Security disability lawyer, you can increase your odds of being approved the first time and strengthen your claim should you need to go through the appeals process.
To find out the difference having dedicated representation on your side can make, contact us at Social Security Disability Advocates USA today. Well arrange a free, no obligation consultation with our legal team to review your disability claim and help you make the right decision for you and your family. Get in touch 24/7 by calling , connecting with one of our LiveChat agents, or by filling out this form to request your complimentary case review.
This is attorney advertising. SSDA, LLC is a group of attorneys that pursues claims for Social Security Disability benefits on behalf of its clients against the Social Security Administration. SSDA, LLC is in no way a part of the Social Security Administration. Further, the information on this blog is for general information purposes only. Nothing herein should be taken as legal advice. This information is not intended to create, and receipt or viewing does not constitute, a representative-client relationship.
Qualifying For One Does Not Qualify You For The Other
The VA and Social Security Administration have completely separate processes and requirements for getting benefits such as these. Just because you are approved for one program does not mean you will qualify for another and just because you draw benefits from one does not mean you will automatically get the other. Each must be applied for separately and approved separately.
Joe Wallace is a 13-year veteran of the United States Air Force and a former reporter for Air Force Television News
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Beware Of Backpay And Overpayments
The insurance claims process from application to approval can take a long time.
Processing your application for SSDI or SSI benefits can take an average of three to five months, according to the Social Security Administration.
However, your benefit schedule technically begins as soon as you file, making it common to receive a significant amount of retroactive benefits, also known as backpay, in a lump sum. According to NOLO, Social Security can even pay you for up to 12 months prior to your application date if you became disabled at least 17 months before that date.
When you receive this backpay, it is important to be aware of any overpayments the delay might have caused.
Insurance companies will state they have overpaid you for any months in which you received your full LTD and SSDI benefits, and will often demand you repay them.
The insurer may handle the overpayment in one of three ways:
If your insurance company is requesting an overpayment be refunded, contact an expert long-term disability attorney to ensure the backpay and overpayment amounts are correct.