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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.

Posted in Personal Injury, Social Security SSD/SSI | Tagged , , , | 9 Comments

How to terminate my Social Security Representative Payee?

If you feel as though you no longer need a Representative Payee SSA.gov suggests the following:

budget social securityIn order to become your own payee, you must show SSA that you are now mentally and physically able to handle your money yourself. You could provide:

  1. A doctor’s statement that there has been a change in your condition and that the doctor believes you are able to care for yourself; or
  2. An official copy of a court order saying that the court believes that you can take care of yourself; or
  3. Other evidence that shows your ability to take care of yourself.

Note: Be advised that if SSA believes your condition has improved to the point that you no longer need a payee, we may reevaluate your eligibility for benefits.

However, in my experience if your Representative Payee is an approved organization then your chances to be become your own payee are slim to none.  The main reason being, that SSA has likely already done extensive screening due to the fact that they will only allow an organization to be a Payee Representative as a last resort.  Most of these Organizational Payee Representatives charge a fee ranging anywhere from 25 dollars a month at some organizations here in Dayton up to 75 dollars a month in some larger cities such as Cleveland and Columbus.

Therefore, the best option in many cases for a person unhappy with their current Organizational Payee Representative is to simply request that the Representative be changed from to an Organization with lower fees or a family or church member that will agree to apply as a representive.  All of this can be handled through your local Social Security Administration Office without the aid of an attorney.

Posted in Social Security SSD/SSI | 7 Comments

Can I get Social Security disability for having sleep apnea?

Sleep Apnea

Sleep apnea is a disorder characterized by moments during which a sleeping person is unable to move their respiratory muscles or maintain airflow through the nose and mouth. In short, this means a person stops breathing for short periods of time. Generally those suffering from sleep apnea stop breathing for 10 to 30 seconds at a time while they sleep. These short periods without air can happen up to 400 times ever evening.

Those who are overweight are at an increased risk of developing sleep apnea, as fat deposits can develop in the neck and then block the airway. Those suffering from the disorder, perhaps unsurprisingly, sleep very badly and wake up most mornings still feeling tired.

There are two types of sleep apnea, first and most common is obstructive sleep apnea which occurs when something blocks the windpipe. Central sleep apnea, by comparison, is rare. Central sleep apnea is related to the central nervous system, and occurs when the brain fails to send the proper signals to the muscles used for breathing. Sleep apnea can be treated or improved by wearing a positive airway pressure device at night. These devices are masks worn over the face to assist with breathing.

While many people who have sleep apnea will have a hard time qualifying for disability, those who have suffered complications from sleep apnea are more likely to qualify. For instance, if you have pulmonary vascular hypertension, or heart trouble such as cor pulmonale, or a severe cognitive impairment that resulted from your lack of sleep, you may be eligible for benefits. The SSA lists certain criteria for sleep-related disorders, and if you fulfill the requirements, you will be approved for disability benefits.

The first thing the SSA looks for is a sign of cognitive impairment. Chronic sleep disruptions caused by apnea can affect daytime alertness, intellectual ability, memory, and mood. But to qualify for disability benefits, your symptoms must be severe. The SSA requires that your sleep apnea has caused cognitive or mood changes that limit your activities, your ability to function socially, or your ability to focus and keep up with work. These can include severe personality changes, memory problems, delusions or hallucinations, emotional instability or a loss of more than 15 IQ points.

Another way that those suffering from the effects of sleep apnea can receive disability benefits is if they have cor pulmonale. This is an enlarged right heart ventricle caused by hypertension which can result from years of sleep apnea. To prove that your cor pulmonale is severe enough to keep you from working, your doctor must have evidence of either: high blood pressure in the pulmonary artery or extremely low oxygen levels in your blood.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

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Can I get disability for my chronic fatigue syndrome?

Chronic Fatigue Syndrome & Social Security Disability

chronic_fatigueAccording to information from the National Institutes of Health, chronic fatigue syndrome (CFS) is a condition that can cause severe and ongoing tiredness that cannot be improved by simply resting and that does not result from another underlying disorder. The exact cause of the condition remains a mystery, but some have theorized that exposure to the Epstein-Barr virus might be to blame. Age, gender, prior illnesses, and stress are also believed to play a role. Symptoms of CFS can be wide ranging and include sore throat, headache, low-grade fever, painful joints, memory or concentration problems, swollen glands, and generalized muscle weakness.

According to the Social Security Administration’s Fact Sheet, you must prove that the symptoms of your CFS prevent you from working in order to qualify for disability benefits. To make this determination, the SSA will use the medical evidence you have provided in support of your claim to evaluate whether your symptoms reach the level of severity necessary to qualify for disability.

The diagnosis of CFS requires that you experience at least four of the following symptoms for at least six months:

• memory or concentration problems that cause a serious reduction in your level of activity;
• frequent sore throats;
• tender lymph nodes in the neck or under the arm;
• muscle pain;
• pain in multiple joints without redness or swelling;
• headaches of a different magnitude then those that you had prior to the onset of CFS;
• sleep that never leaves you feeling refreshed; and
• a general feeling of being unwell that lasts at least 24 hours following a period of exertion.

Your medical records must contain documentation that satisfies the above criteria for a diagnosis of CFS and that shows these symptoms did not begin prior to the onset of your chronic fatigue. If your medical records show that the symptoms predate your CFS then your disability claim will likely be denied given that something else may be to blame for your condition.

CFS can be an especially tricky disease to document clinically. Medical tests don’t always capture the severity of the illness and how terribly it can impact a person’s quality of life. It is important to understand going into the process that the SSA will not approve a disability claim based on the description of symptoms alone, though how symptoms affect your daily life is considered in the decision.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

Posted in Social Security SSD/SSI | Tagged , , , , , | 2 Comments