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Will Workers’ Compensation or Other Disability Benefits Affect the Amount of my Social Security Disability?
The short answer to this question is yes, your social security benefits will be affected. How much it affects them depends on many factors. According to the Social Security Administration, the total amount of benefits you receive cannot exceed 80% of your income before you became disabled. So, if the total amount of Workers’ Compensation and SSDI exceed the 80% threshold, your SSDI benefits will be reduced until it brings the average down.
The SSA uses various different formulas to calculate your earnings average, the number of benefits you receive, and to what extent Workers’ Compensation will affect your benefits payments. For example, a lump sum payment of WC may affect your SSDI differently than if you receive the same amount spread out in monthly payments.
How is Workers’ Compensation Different from SSDI?
Workers’ Compensation is a claim that a worker makes when they are injured on the job. It is different from medical insurance in that you can file a claim for any injury, whether it was due to negligence or not. You just need to make sure that you have a decent explanation for the injury before you begin the process. Workers’ Compensation benefits are paid out of a government fund that your employer pays into (or if you’re a sole proprietor, you pay into).
Social Security Disability Insurance is basically a payroll tax-supported federal insurance plan of the United States federal government intended to offer income support to individuals who are severely disabled in their capacity to work because of some prominent disability. The disability covered by this insurance scheme may be any physical or mental impairment that significantly limits one or more of the major senses of the individual such as vision, hearing, touch, taste, and so on. This may also include any disease, condition, or injury that substantially limits the ability to earn a living. Both you and your employer pay a portion of the total tax contribution.
Another major difference between Workers’ Compensation and SSDI is WC is state-funded, while SSDI is federally-funded. However, the two benefit schemes do share many similarities. Both programs pay benefits to the applicant once he or she is approved. The applicant has to undergo thorough medical examinations before he or she can become eligible for benefits. Those who are unable to work or cannot work because of disabilities are entitled to these benefits. These benefits are both typically paid on a monthly basis, except on the rare occasion of WC being paid in a lump sum.
How Long Does it Take to Get Workers’ Compensation or SSDI Benefits?
The claims process for Workers’ Compensation can take up to two weeks, depending on what happened. It can also take longer if you need to talk to a doctor or a lawyer. The best thing to do is to have all your information ready for the professionals. Your chances of success depend on how much pain and suffering you have to go through, and the type of injury. In cases of workplace accidents where you are injured due to negligence, or emotional distress, the process can be much quicker. Again, the best thing for this is documentation from the doctor along with any photos, videos, witness accounts, or other documentation you have.
In order to receive benefits from Social Security, you will need to fulfill one of three requirements. First, you must be disabled and unable to work. Once you meet this requirement then you can apply to SSDI. Second, you must be a U.S. citizen or a resident alien and in either case, you will need to fulfill the following requirements. You must meet the income and resources requirements and you must have an SSI disability rating that was determined by the Social Security Administration. The process for approval can vary greatly from about seven weeks or even a year or more.
Finding a Workers’ Compensation Attorney
Filing for disability benefits is a very confusing process. The biggest part of the filing process is learning how to fill out the correct forms and how to go about proving your disability. There are many errors that can be made when people file for disability benefits that will lead to a denial of benefits, even if you should have been approved. You need to make sure that you have all of the documentation that you need to support your disability claim. This documentation can include things such as a doctor’s note, a written statement from an agency representative, photos, and even a copy of a paycheck.
Hopefully, you never have to deal with these types of issues, but they do happen. In order to avoid being the unfortunate person to deal with one of these complicated situations, it is always important to know what your rights are as well as the process of claiming Workers’ Compensation or SSDI. Don’t wait any longer than necessary. Save yourself a trip to our office by scheduling a free virtual consultation. Simply contact us online or call us at (866) 460-1990 to privately discuss your case right over the phone or in a secure virtual meeting.
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