Social Security
Disability and Other Benefits
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What is Social Security Disability?
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How does Social Security Determine if I am disabled and
entitled to benefits?
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Can I collect Social Security Disability benefits and
workers’ compensation at the same time?
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My application for Social Security Disability was denied.
What do I do now?
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How do I pay my attorney in appealing for benefits?
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What will happen to my Social Security Disability benefit
if I settle my workers’ compensation case?
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What other benefits might be available to me in addition
to workers’ compensation?
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Can I collect TDI and workers’ compensation?
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Can I collect TDI while I’m waiting for workers’ compensation to
start?
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Can I collect unemployment benefits?
1. What is Social Security
Disability?
Social Security Disability is a program that pays a monthly benefit
to people who are unable to work. You must have worked long enough
(typically 5 out of the last 10 years) to qualify for the program.
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2. How does Social Security determine if I am disabled and entitled
to benefits?
Social Security defines disability as the “inability to engage in any
substantial gainful activity by reason of any medically determinable
physical or mental impairment which can be expected to result in death
or has lasted or can be expected to last for a continuous period of not
less than 12 months”. This means that you must be unable to perform
certain types of work because of a medical impairment that has lasted or
is expected to last for one year. In determining whether you can work,
Social Security also considers your age, education and work experience.
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3. Can I collect Social Security Disability benefits and workers’
compensation at the same time?
Yes. Your monthly Social Security Disability benefit may be reduced
based on your receipt of workers’ compensation. However, you will
continue to receive your full workers’ compensation check if you are awarded
Social Security Disability.
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4. My application for Social Security Disability was denied. What do
I do now?
There are many levels of appeal available to you. The first step is
to file a Request for Reconsideration. If you are denied again, the next
step is to file a Request for Hearing before an Administrative Law
Judge. Most cases that have been denied are won at this level. If you
are still denied, you have the right to appeal further to an Appeals
Council and to Federal Court. An attorney can help you appeal for
benefits if your application was denied.
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5. How do I pay my attorney in appealing for benefits?
Typically, attorneys only charge a fee if
you win your case. The fee is usually 25% of past due benefits that are
awarded up to a maximum fee of $5200.
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6. What will happen to my Social Security Disability benefit if I
settle my workers’ compensation case?
The amount of your Social Security Disability benefit will be
recalculated after you settle your workers’ compensation case. The
settlement Order from the Workers’ Compensation Court can include
certain specific language that will typically result in an increase in
the Social Security Disability benefit if you are not already receiving
your maximum benefit.
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7. What other benefits might be available to me in addition to
workers’ compensation?
You may be eligible for benefits under an insurance policy that
provides long term disability benefits. Many employers offer these
policies as a benefit of employment. An attorney can help you appeal for
these benefits if you are denied.
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8. Can I collect TDI and workers’ compensation?
No. You cannot collect TDI and workers’ compensation at the same
time.
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9. Can I collect TDI while I’m waiting for workers’ compensation to
start?
Yes. If you have a claim pending for workers’ compensation, you can
collect TDI until your claim is decided. The TDI department will pay
benefits when they receive the case number of the petition for workers’
compensation benefits filed in court. If you are later awarded workers’
compensation, the insurance company will reimburse TDI from the workers’
compensation benefits that were due to you for the same period of time
that TDI was paid.
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10. Can I collect unemployment benefits?
You cannot collect unemployment benefits if you are receiving
workers’ compensation benefits. However, you can collect unemployment
benefits if your workers’ compensation benefits stop after you’ve
recovered from your injury and if your former job is no longer available
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