When you’re injured on the job, the workers’ compensation system provides replacement income, medical expenses, and sometimes vocational rehabilitation benefits. The benefits paid through workers’ compensation, however, are almost always relatively modest.
If you are permanently unable to return to work, you may qualify for Social Security Disability benefits. However, these benefits are hard to get and are reserved for only the most seriously injured workers. To qualify for Social Security Disability benefits, you must be totally disabled. This means that your injury or illness:
- prevents you from doing any "substantial gainful work," and
- is expected to last at least twelve months or to result in death.
Also, you must have earned wages and paid into the Social Security system in at least 20 of the last 40 quarters. You will be disqualified from receiving benefits if there is any job that you are capable of performing that is available in sufficient numbers within your locale.
If you are denied Social Security Disability benefits, you can apply for an administrative hearing. The Social Security Disability lawyers of Munley, Munley, & Cartwright, P.C., are well equipped to help you with this process. The hearings include a review of your medical records and may require you to give testimony. The Social Security Administration may also oppose your claim through medical or occupational evidence.
The amount of the payment provided under Social Security Disability is based upon employees’ income while they were able to work. An employee may also receive an annual cost of living adjustment depending on how long benefits are collected. If the disability is a total and permanent condition, an employee can collect Social Security Disability benefits until they reach age 65, at which time the benefits convert to Social Security Retirement benefits.
If you have questions about the safety of your work environment, the federal Occupational Safety and Health Administration (OSHA) may be able to help. There are six OSHA offices in Pennsylvania:
- Allentown (610) 776-4220
- Erie (814) 453-4351
- Harrisburg (717) 782-3902
- Philadelphia (215) 596-1201
- Pittsburgh (412) 644-2903
- Wilkes-Barre (570) 826-6538
Two separate benefit program are responsible for paying Social Security Disability benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Proving disability is the same under both programs. However, there are different eligibility requirements.
SSI does not consider whether the individual has worked in the past. Eligibility for SSI disability benefit payments is solely based on financial need.
SSDI is available for individuals who have worked in recent years and are now disabled. Social Security Disability benefits are also available for adult children and widows or widowers. These benefits are awarded based on a review of Social Security earnings and are not affected by financial status. Disabled Adult Child Benefits go to the children (disabled before age 22) of persons who are deceased or who are drawing Social Security Disability or retirement benefits. Disabled Widow's and Widower's Benefits are paid to individuals who are at least 50 years old and become disabled within a certain amount of time after the death of their spouse who has paid into the Social Security system.
If you have questions about Social Security Disability, contact the Pennsylvania law firm of Munley, Munley, & Cartwright, P.C. Our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through teamwork and the use of our considerable resources and experience. Please contact us at 1-800-318-LAW1 or through our online form for a free assessment of your case.
Please contact us at 1-800-318-LAW1 or through our online form for a free assessment of your case.
