Tag Archives: VA
Can I get both worker’s compensation and Social Security disability benefits?
Can I get both worker’s compensation and Social Security disability benefits?
Workers’ compensation pays benefits to employees who suffer an injury at work or experience a work-related illness. Benefits for workers’ compensation include medical treatment and money for the partial replacement of lost wages. For an employee who cannot work while recovering from an injury or work-related illness, workers’ compensation can pay temporary total disability benefits. In cases in which the injury or work-related illness has long-term or permanent consequences, an employee can receive permanent disability benefits. When an employee dies as the result of an injury or work-related illness, then the employee’s dependents can receive survivor benefits. In general, workers’ compensation is a program run by state governments.
Similarly, Social Security Disability Insurance (“SSDI”) provides benefits to insured workers with disabilities, or in other words, to those who: (1) have been employed for at least five of the last ten years; (2) have paid FICA (“Federal Insurance Contributions Act”) taxes; and (3) have a “disability” as the Social Security Administration defines the term. A disability, for purposes of Social Security, is a serious medical condition that lasts (or has lasted) for more than a year and prevents someone from being gainfully employed. In addition, SSDI will provide benefits to the disabled children of insured workers, so long as the children became disabled before they reached the age of 22, as well as to the disabled surviving spouses of insured workers who have died. Generally, SSDI is administered by the federal government.
A person can receive workers’ compensation and SSDI benefits at the same time, but workers’ compensation benefits might reduce the amount of SSDI benefits. Under the Social Security Administration’s rules, a person who receives workers’ compensation benefits and Social Security disability benefits at the same time may not receive combined benefits that amount to more than 80 percent of the person’s average current earnings before the person became disabled. For example, if a person earned $4,000.00 per month before becoming disabled, then the person would be eligible to receive $2,200.00 per month in SSDI benefits after becoming disabled. If that same person were also to receive $2,000.00 per month in benefits from workers’ compensation, then the person’s SSDI benefits would be reduced to $200.00 per month to comply with the Social Security Administration’s 80 percent rule.
If you have a current or potential worker’s compensation claim and are interested in applying for SSDI benefits, or if you simply want to be sure that you are receiving the maximum SSDI benefits for which you are eligible, then you should consider speaking with an attorney who has experience with Social Security law in order to minimize the off-set. Call the Nationwide Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.
If the Veterans Administration determines that I am disabled, will the Social Security Administration also find that I am disabled?
If the Veterans Administration determines that I am disabled, will the Social Security Administration also find that I am disabled?
The Veterans Administration (“VA”) and the Social Security Administration (“SSA”) have their own, independent rules for determining whether someone is disabled for purposes of receiving disability benefits. Under the VA’s guidelines, someone who is not completely disabled can qualify for disability benefits. In other words, the VA recognizes partial disabilities (in terms of percentages) as well as total disabilities.
The SSA, however, generally recognizes only total disabilities. Under the SSA’s guidelines, a disability is a serious medical condition (mental or physical) that has lasted (or will last) for at least one year and prevents a person from engaging in any substantial, gainful activity. This definition incorporates not only the type of disability (for example, post-traumatic stress disorder or chronic heart failure) but also the extent or severity of the disability. As a result, someone could have a type of disability recognized by the SSA, but nevertheless not be eligible for Social Security disability benefits if the severity of the disability were found to be insufficient. A mental or physical condition severe enough to qualify as a disability under the SSA’s rules would likely be considered at least a 90% disability under the VA’s rules.
At the same time, a determination by the VA that someone is disabled does not necessarily mean that the SSA will also make the same determination. For example, even if the VA determines that someone is 90% or 100% disabled, the SSA does not automatically reach the same conclusion. The SSA requires that everyone who applies for disability benefits must submit medical documentation to prove the type and severity of their medical condition. Under the SSA’s regulations, only documentation provided by certain physicians is sufficient to establish that someone has a qualifying disability. The SSA does consider other evidence, such as a person’s own statements or disability evaluations by other government agencies, but the SSA only considers the other evidence for purposes of judging the extent or severity of a disability.
A disability determination from the VA can be useful for purposes of applying for Social Security disability benefits, but it will not be binding on the SSA. In many cases, a 90% or a 100% disability finding by the VA will go a long way towards proving a disability to the SSA, but it will probably not—by itself—be enough to establish a disability under the SSA’s rules. If the VA has determined that you are disabled and you have questions about how that could help you qualify for Social Security disability benefits, then you should consult an attorney familiar with Social Security law.
Can I keep my Social Security SSDI / SSI while serving jail time?
Can I receive Social Security benefits while serving a prison sentence?
A question that Social Security attorneys encounter from time to time is whether someone can receive Social Security benefits while serving a sentence in prison. The answer depends on the circumstances.
Social Security benefits generally come in two forms: Social Security disability benefits, and Social Security retirement benefits. Those who have recently been employed and paid Social Security taxes, and who are unable to work because of a serious medical condition that will last for at least one year, are potentially eligible to receive Social Security disability benefits. Those who have reached at least age 62, and who have worked for 10 years and paid Social Security taxes, are potentially eligible to receive Social Security retirement benefits.
Supplemental Security Income (“SSI”) is a related, but technically separate, program administered by the Social Security Administration. Those who have reached at least age 65, or who are blind or disabled, and whose income and resources are below certain limits, are potentially eligible to receive SSI benefits.
For those receiving Social Security or SSI benefits, their benefits will probably not be affected if they are admitted to prison for a continuous period of fewer than 30 days because of a conviction for a criminal offense. On the other hand, for those admitted to prison for a continuous period of more than 30 days, their benefits will likely be suspended. Benefits to spouses and children, however, will probably not be suspended, so long as they remain eligible under the Social Security Administration’s rules.
Those whose Social Security benefits are suspended during a prison sentence of more than 30 days can have their benefits reinstated beginning one month after the month in which they are released. For example, if Paul Prisoner served a six-month sentence in the Dayton Correctional Institution and were released on June 5, 2011, then his benefits could be reinstated beginning in July, 2011.
Those whose SSI benefits are suspended during a prison sentence of more than 30 days can have their benefits reinstated beginning in the same month that they are released. They will lose their eligibility, however, if their sentence lasts for 12 or more consecutive months; when they are released, they must submit a new application for SSI benefits. For example, if Ivan Inmate served a six-month sentence in the Dayton Correctional Institution and were released on June 5, 2011, then his benefits could be reinstated during the same month. He would receive partial benefits for June, 2011, and full benefits beginning in July, 2011. If Ivan served a sentence of 15 months, on the other hand, then he would have to submit a new application for benefits upon his release.
For those who were not receiving either Social Security or SSI benefits before they were admitted to prison, their eligibility following release is unaffected. In other words, when they were released from prison, they would apply for benefits like anyone else. If you have questions about how serving a prison sentence might affect your ability to receive Social Security or SSI benefits, then talk to a lawyer who is familiar with Social Security law. You might even be able to start the process of reinstating your benefits, or applying for benefits, before you are released.
Can I keep my Social Security SSDI / SSI while serving jail time?
Can I receive Social Security benefits while serving a prison sentence?
A question that Social Security attorneys encounter from time to time is whether someone can receive Social Security benefits while serving a sentence in prison. The answer depends on the circumstances.
Social Security benefits generally come in two forms: Social Security disability benefits, and Social Security retirement benefits. Those who have recently been employed and paid Social Security taxes, and who are unable to work because of a serious medical condition that will last for at least one year, are potentially eligible to receive Social Security disability benefits. Those who have reached at least age 62, and who have worked for 10 years and paid Social Security taxes, are potentially eligible to receive Social Security retirement benefits.
Supplemental Security Income (“SSI”) is a related, but technically separate, program administered by the Social Security Administration. Those who have reached at least age 65, or who are blind or disabled, and whose income and resources are below certain limits, are potentially eligible to receive SSI benefits.
For those receiving Social Security or SSI benefits, their benefits will probably not be affected if they are admitted to prison for a continuous period of fewer than 30 days because of a conviction for a criminal offense. On the other hand, for those admitted to prison for a continuous period of more than 30 days, their benefits will likely be suspended. Benefits to spouses and children, however, will probably not be suspended, so long as they remain eligible under the Social Security Administration’s rules.
Those whose Social Security benefits are suspended during a prison sentence of more than 30 days can have their benefits reinstated beginning one month after the month in which they are released. For example, if Paul Prisoner served a six-month sentence in the Dayton Correctional Institution and were released on June 5, 2011, then his benefits could be reinstated beginning in July, 2011.
Those whose SSI benefits are suspended during a prison sentence of more than 30 days can have their benefits reinstated beginning in the same month that they are released. They will lose their eligibility, however, if their sentence lasts for 12 or more consecutive months; when they are released, they must submit a new application for SSI benefits. For example, if Ivan Inmate served a six-month sentence in the Dayton Correctional Institution and were released on June 5, 2011, then his benefits could be reinstated during the same month. He would receive partial benefits for June, 2011, and full benefits beginning in July, 2011. If Ivan served a sentence of 15 months, on the other hand, then he would have to submit a new application for benefits upon his release.
For those who were not receiving either Social Security or SSI benefits before they were admitted to prison, their eligibility following release is unaffected. In other words, when they were released from prison, they would apply for benefits like anyone else. If you have questions about how serving a prison sentence might affect your ability to receive Social Security or SSI benefits, then talk to a lawyer who is familiar with Social Security law. You might even be able to start the process of reinstating your benefits, or applying for benefits, before you are released.
Does my income affect my child’s ability to qualify for Social Security Benefits?
How much income can parents have before their children no longer qualify for Supplemental Security Income benefits?
Disabled children can qualify for benefits under the Supplemental Security Income (“SSI”) program, which is administered by the Social Security Administration, depending: (1) on the nature of their disabilities; (2) on how much income they have (if any); and (3) on their available resources. Children’s “available resources” include the income (and assets) of their parents and guardians. Therefore, many parents and guardians of disabled children wonder how much income they can have before their children no longer qualify for SSI benefits.
The Social Security Administration (“SSA”) defines a child as someone who is not married; is not head of a household; and is under age 18, or is under age 22 and regularly attending school. This discussion only applies to SSI benefits for disabled children, as the SSA defines the terms “disabled” and “children.”
1. Nature of disability. According to the definition established by the applicable laws and regulations, a child is “disabled” if the child “has a medically determinable physical or mental impairment, which results in marked and severe functional limitations, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” In other words, a child is disabled for purposes of SSI benefits if the child has a very serious medical condition that will last (or has lasted) for at least one year. For example, a child who suffers from cystic fibrosis could qualify for SSI benefits. A child with a minor broken leg, but who did not otherwise have a serious medical condition, would probably not qualify.
2. Child’s income (if any). In terms of a child’s income, a child may not earn more than $1,000.00 per month from employment and still qualify to receive SSI benefits (in 2011; the limit on a child’s total monthly income changes every year). On the other hand, a child who is unemployed, or who is employed but earns less than $1,000.00 per month (in 2011), would meet the income limit.
3. Income and resources (i.e. assets) of parents or guardians. The determination of a child’s eligibility to receive SSI benefits also takes into account
Income, in this context, comes in two varieties: “earned income” and “unearned income.” Earned income consists of “wages from employment, net earnings from self-employment, certain royalties and honoraria, and sheltered workshop payments.” Unearned income consists of money received from other sources, “such as Social Security benefits, pensions, state disability payments, unemployment benefits, interest income, and cash from friends and relatives.” Some income is exempt and does not count toward the applicable limits. The following chart illustrates the income limits currently applicable in many (but not all) circumstances.
|
Number of Ineligible Children in Household |
All Income is Earned |
All Income is Unearned |
||
|
One Parent in Household |
Two Parents in Household |
One Parent in Household |
Two Parents in Household |
|
|
0 |
$2,821 |
$3,495 |
$1,388 |
$1,725 |
|
1 |
$3,158 |
$3,832 |
$1,725 |
$2,062 |
|
2 |
$3,495 |
$4,169 |
$2,062 |
$2,399 |
|
3 |
$3,832 |
$4,506 |
$2,399 |
$2,736 |
|
4 |
$4,169 |
$4,843 |
$2,736 |
$3,073 |
|
5 |
$4,506 |
$5,180 |
$3,073 |
$3,410 |
|
6 |
$4,843 |
%5,517 |
$3,410 |
$3,747 |
By “resources,” the SSA essentially means property. For instance, resources include bank accounts, cash, life insurance, real estate, stocks, U.S. savings bonds, vehicles and other property belonging to a child’s parents or guardians that could be exchanged for cash and used for food or shelter. Some resources, such as a home, household goods and personal effects, and money in pension funds, are exempt and do not count toward the applicable limits. Currently, the applicable resource limit (for non-exempt resources) is $2,000 for a single parent or guardian, and $3,000.00 for a couple.
To summarize: A disabled child’s eligibility for SSI benefits depends upon the nature of the child’s disability, the amount of income that the child earns (if any), and the income and resources available to the child—including resources available through parents and guardians. Regarding the resources of parents and guardians, the limits vary from case to case depending on the circumstances. The income limits listed in the foregoing chart, and the resource limits discussed above, might or might not apply in a specific situation because of the many rules and regulations, as well as exemptions, that govern SSI eligibility for disabled children. If you are the parent or guardian of a disabled child and would like to learn more about SSI eligibility, then talk with a lawyer with experience dealing with Social Security issues.
