Are you eligible for SSDI or SSI benefits? Here is some general information about eligibility that can help you to learn more about your options. If you believe you could be eligible for benefits through the Social Security Administration (SSA), you should get in touch with a national disability benefits attorney as soon as possible to get started on your application.

Disability Requirements for Both SSDI and SSI Benefits 

You should know, first, that SSDI and SSI benefits have similar letters and might sound alike, but they are two separate types of benefits. However, they both require that a recipient prove that they have a disability based on the definition that the SSA uses. Thus, to receive either SSDI or SSI benefits, you will need to meet this definition of a disability cited by the SSA:

“You must not be able to engage in any substantial gainful activity (SGA) because of a medically determinable physical or mental impairment(s) that is either expected to result in death [or] has lasted or is expected to last for a continuous period of at least 12 months.”

You will need to provide medical evidence that proves the above definition. To be clear, even if you feel you are physically disabled or your physician describes your condition as a disability, it will not be a disability for SSDI or SSI benefits unless it meets that definition cited by the SSA.

Work History Requirement for SSDI Benefits 

To be eligible for SSDI benefits, you will need to meet work history requirements in addition to the disability requirement discussed above. You will need to have worked for a long enough period of time, and enough hours per year, to have earned enough “credits” to qualify for SSDI. There are exceptions for disabled adults who are younger and have not worked for enough years to qualify.

Then, your monthly payment is based on your wages while you were working. To be clear, your SSDI eligibility is not determined by the amount of money you earned while working or the current value of your assets. Whether you have no assets and earned a limited income or have substantial assets and earned a high income, you can qualify for SSDI benefits.

Limited Income or Asset Requirement for SSI Benefits 

To be eligible for SSI benefits, you will need to meet the definition of a disability discussed above and you will need to show that you have limited resources and assets that qualify you. Unlike SSDI payments, SSI payments are intended for disabled people with limited resources.

When a person has limited resources and has enough work credits to qualify for SSDI, they may be eligible for both SSDI and SSI payments.

Contact a National Disability Benefits Lawyer for Help with Your Case

 One of the experienced St. Petersburg bankruptcy attorneys at the Law Offices of Stephen Barszcz are here to help. Contact us today to discuss your circumstances and to find out more about your eligibility for Social Security disability benefits.

Sources:

ssa.gov/benefits/disability/

ssa.gov/redbook/eng/definedisability.htm?tl=0

Our national SSDI lawyers can explain more about the requirement of a disability according to the SSA and what you will need to meet the SSA’s definition.

Common Disability Definitions 

When you are planning to apply for disability benefits through the SSA, it is critical to understand that there are definitions of a disability that are not necessarily the definition that the SSA uses to determine SSDI or SSI eligibility.

For instance, the Centers for Disease Control and Prevention (CDC) discuss the term “disability” in relation to impairment, and activity limitations, and participation restrictions, defining a “disability” as “any condition of the body or mind (impairment) that makes it more difficult for the person with the condition to do certain activities (activity limitation) and interact with the world around them (participation restrictions). The CDC explains that a person can have a disability if their vision, movement, thinking, remembering, learning, communicating, hearing, mental health, or social relationships are affected. This definition is similar to the type of definition used to determine a person’s eligibility for disability accommodations, but it is not the definition used for determining SSDI or SSI eligibility.

Also, for example, according to Merriam-Webster dictionary, a “disability” is defined as “a physical, mental, cognitive, or developmental condition that impairs, interferes with, or limits a person’s ability to engage in certain tasks or actions or participate in typical daily activities and interactions.” Merriam-Webster’s definition is closer than the CDC’s definition to the disability definition used by the SSA, but it is still a bit different and should not be used to make assumptions about a person’s eligibility for SSDI benefits.

SSA Definition of a Disability for SSDI and SSI Benefits 

What disability definition does the SSA use? It uses a definition outlined in the Code of Federal Regulations, Section 404.1505. That definition says:

“The law defines disability as the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment 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. To meet this definition, you must have a severe impairment(s) that makes you unable to do your past relevant work . . . or any other substantial gainful work that exists in the national economy.”

You will then use medical evidence to prove that you meet this definition.

Contact a National SSDI Benefits Lawyer Today 

Do you need help filing a disability benefits application or gathering proof to show that you meet the SSA’s definition of a disability? An experienced national SSDI benefits lawyer at the Law Offices of Stephen Barszcz can help you.

Sources:

cdc.gov/ncbddd/disabilityandhealth/disability.html

merriam-webster.com/dictionary/disability#:~:text=1,typical%20daily%20activities%20and%20interactions

ssa.gov/redbook/eng/definedisability.htm

ssa.gov/OP_Home/cfr20/404/404-1505.htm

To be clear, SSDI refers to one particular disability benefits program administered by the Social Security Administration (SSA), and you may be eligible for SSDI benefits in addition to others. Our national SSDI lawyers can explain in more detail.

What Does SSDI Stand For? 

SSDI is an acronym that stands for Social Security Disability Insurance (SSDI). SSDI benefits are provided through the SSA. To be eligible for SSDI benefits, you must have a defined disability, and you must have a long enough and recent enough work history to qualify.

How Is SSI Different? 

The acronyms are similar, but SSDI and SSI are different programs. Both are administered by the SSA, but SSI stands for Supplemental Security Income (SSI), and eligibility is based on having limited resources and a defined disability. For SSI, your assets determine eligibility, but SSDI eligibility is not based at all on having limited assets.

Are Private Disability Benefits Through My Employer Also SSDI Benefits? 

No, in short. If you are eligible to receive private disability benefits through your employer, it is important to be very clear that these are entirely distinct from SSDI benefits. Although SSDI payments are linked to your work history, and your total SSDI monthly payments are determined based on your work earnings, any private disability compensation is paid separately from — and can be paid in addition to — SSDI payments. Accordingly, even if you have recently learned you are eligible for private disability benefits or have begun receiving them, you should still be seeking SSDI benefits if you are eligible. Indeed, SSDI and private disability are not the same, and disabled adults can often receive both. A lawyer can help you to determine eligibility.

Contact a National Disability Benefits Attorney for Assistance 

If you were recently injured or diagnosed with a disabling medical condition, it is essential to learn about your eligibility for SSDI benefits. Many people do not realize that they are eligible based on their medical condition and their work history, and as a result, they do not receive the benefits they are entitled to obtain. Since it takes months for an SSDI application to be processed, it is important to begin working on your application with an experienced national disability benefits lawyer at the Law Offices of Stephen Barszcz as soon as possible. Our firm can also determine whether you could be eligible to have your application expedited based on the details of your condition. Do not hesitate to get in touch with us for assistance.

Source:

ssa.gov/benefits/disability/

Common Causes of Back Pain 

As we noted above, causes of back pain can vary widely, and the underlying cause and severity of the back pain will often be key to determining whether you are eligible to receive SSDI payments due to back pain. The National Center for Biotechnology Information identifies the following as common causes of back pain, including back pain that can be debilitating:

• Inflammatory disorders;
• Malignancy;
• Pregnancy;
• Trauma;
• Osteoporosis;
• Nerve root compression;
• Radiculopathy;
• Plexopathy;
• Degenerative disc disease;
• Disc herniation;
• Spinal stenosis;
• Sacroiliac joint dysfunction;
• Facet joint injury; and
• Infection.

There is not, in general, a specific type of back injury or back condition that will necessarily qualify you for disability benefits. Rather, medical eligibility will usually depend upon the severity of the underlying condition that is causing your back pain and whether the condition or injury is treatable for a full recovery in less than a year.

Back Pain Can Qualify You for SSDI in Some Circumstances 

Will your back pain qualify you to receive SSDI benefits? The answer to that question will depend upon a few key factors concerning the nature of your back pain and your work record.

Whether or not your back pain will qualify you for SSDI benefits will depend upon whether the cause of your back pain is expected to last for at least 12 months or more (or to result in your death), whether the condition causing your back pain prevents you from engaging in substantial gainful activity, and whether you have a sufficient work history. To be eligible for SSDI based on work history, you will need to have worked for a long enough period of time, and for enough hours, to have the right number of credits to be eligible to receive SSDI payments.

Contact a National Disability Benefits Attorney Today 

Do you have questions about seeking disability benefits after sustaining a back injury, being diagnosed with a back condition, or experiencing back pain? It is important to discuss your circumstances with an attorney who can assist you. The experienced national disability benefits attorneys at the Law Offices of Stephen Barszcz can talk with you today to learn more about your disabling injury or condition, and to provide you with more information about requirements for SSDI benefits and your eligibility based on your medical and work histories. Do not hesitate to get in contact with us for assistance.

Sources:

ncbi.nlm.nih.gov/books/NBK538173/

ssa.gov/benefits/disability/

Does Your Arthritis Count as a Blue Book Disability? 

If you are trying to determine if your arthritis qualifies you for disability benefits, you should learn more about the Blue Book and whether your arthritis meets the definition of inflammatory arthritis in that document that lists disabling impairments.

Inflammatory arthritis is listed under section 14.09, and it requires a showing of one of the following:

• Persistent inflammation or persistent deformity of either one or more major peripheral joints in the lower extremity;
• Persistent inflammation or persistent deformity of either one or more major peripheral joints in the lower extremity;
• Inflammation or deformity in one or more major joints of an upper or lower extremity involving two or more organs or body system with a moderate level of severity or greater in one of those systems, and at least two of the “constitutional symptoms or signs” that include severe fatigue, fever, malaise, or involuntary weight loss;
• Ankylosing spondylitis or other spondyloarthropathies; or
• Repeated manifestations of inflammatory arthritis with at least two of the constitutional symptoms or signs, and limitation of activities of daily living or limitation in social functioning or limitation in completing tasks in a timely manner.

There are additional requirements, including medical documentation for showings of persistent inflammation or persistent deformity that include medical documentation of the need for a medical device (like a walker or a cane) or medical documentation of the inability to use the extremity to complete work-related activities. Since these definitions can be complex and confusing for many people with arthritis, it is important to work with both your healthcare provider and a national disability benefits lawyer to determine whether you qualify for SSDI benefits based on the Blue Book.

Disability Definition for SSDI Benefits and Your Arthritis 

Even outside the Blue Book descriptions of inflammatory arthritis, you may be able to qualify for SSDI benefits with other forms of arthritis if you can prove that your medical condition meets the SSA’s definition of a disability. Under the Code of Federal Regulations, the definition of a disability that the SSA uses is this:

“[T]he inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment 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.”

If your arthritis has been so severe that it has prevented you from working for at least a year, or if your physician says your condition will persist for one year or longer, you should speak with a disability benefits lawyer about seeking SSDI payments.

Contact Our National Disability Benefit Lawyers 

If you have questions about SSDI benefits and arthritis, a national disability benefits lawyer at our firm can help. Contact the Law Offices of Stephen Barszcz to learn more.

Resource:

ssa.gov/disability/professionals/bluebook/14.00-Immune-Adult.htm#14_09

Generally speaking, a caregiver can be eligible to seek SSDI benefits on behalf of an eligible disabled adult, but it is important to seek advice from a Social Security disability benefits lawyer who can ensure that you take all necessary steps in the complex application process.

Determining Eligibility for Disability Benefits 

Before you apply for disability benefits on behalf of a disabled adult for whom you serve as a caregiver, you will first need to determine that person’s eligibility. Here, it is essential to understand the difference between Supplemental Security Income (SSI) and SSDI. Although SSI and SSDI look very similar in terms of their acronyms, the benefits systems are quite different from one another in terms of eligibility. Both are designed for disabled adults. However, SSI benefits are for lower-income adults who qualify based on a lower income level, while SSDI benefits are for disabled adults who worked long enough and logged enough hours to be eligible. For SSDI benefits, a disabled adult with both low and very high earnings can be eligible.

Next, you will need to work with a national disability lawyer to ensure that the adult for whom you are applying for SSDI benefits has a disability as it is defined by the Social Security Administration (SSA). Federal law defines a disability as “the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment 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 order to prove that a person has a qualifying disability, you must be able to show that the person has “a severe impairment(s) that makes [that person] unable to do [their] past relevant work or any other substantial gainful work that exists in the national economy.”

Disabled Person Seeking Benefits Will Need to Sign Documents 

In situations where a person’s disability is so severe that a caregiver is required, it is often likely that you will be able to prove eligibility, but it is nonetheless essential to get help from a lawyer. 

When it comes to actually filing the application, you may need to have the disabled person’s signature. To be clear, unless you are the legal guardian of the disabled adult for whom you are a caregiver or you have a power of attorney, then it is important to know that the disabled adult for whom you are seeking benefits will still need to sign some materials for the application. You can fill out most of the information on behalf of the disabled person, but she or he will need to sign the application and give the Social Security Administration consent to obtain necessary information to approve the application.

Contact Our National SSDI Lawyers 

Our national SSDI attorneys can help you with an SSDI application you are filing on behalf of a disabled adult for whom you serve as a caregiver. Contact the Law Offices of Stephen Barszcz today for more information.

Resource:

ssa.gov/OP_Home/cfr20/404/404-1505.htm#:~:text=(a)%20The%20law%20defines%20disability,not%20less%20than%2012%20months

The calculation itself is easy. The monthly pay of the individual is utilized in making the calculation. If the injured employee is a postal worker, the employee’s hourly rate is multiplied by 2,080 hours and then divided by the 52 weeks in the year.

The more difficult consideration can be in determining the point at which to make the calculation. The law provides that your compensation is based on the higher of your monthly pay at: (1)the time of injury; (2) the time disability begins; (3) or the time a compensable disability recurs.

In most instances, the calculation considers the date you fell, lifted something or suffered injuries in a motor vehicle accident while on the job. Those are all traumatic events with a clear start date as in example (1) above. If, however, you suffer from repetitive trauma from performing the same activity over time, your calculation may consider the time that you became unable to work as in example number (2) above.

The more confusing consideration, but the one that could cost you the most money if not calculated correctly is when you return back to work for more than six months and then suffer a recurrance. If that occurs and you were working at a higher rate of pay, it is that rate that should be utilized by the OWCP.

In one case, an injured worker was hurt in 2002 and removed by the employing agency until he returned back to work in 2003. He was injured in 2004 and argued that the his rate from that time should be utilized. He won the issue on appeal.

For more information on the topic, please visit www.barzLaw.com or email Steve@theOWCPattorney.com with your question.

© Stephen V. Barszcz, P.A. 2012

The calculation itself is easy. The monthly pay of the individual is utilized in making the calculation. If the injured employee is a postal worker, the employee’s hourly rate is multiplied by 2,080 hours and then divided by the 52 weeks in the year.

The more difficult consideration can be in determining the point at which to make the calculation. The law provides that your compensation is based on the higher of your monthly pay at: (1)the time of injury; (2) the time disability begins; (3) or the time a compensable disability recurs.

In most instances, the calculation considers the date you fell, lifted something or suffered injuries in a motor vehicle accident while on the job. Those are all traumatic events with a clear start date as in example (1) above. If, however, you suffer from repetitive trauma from performing the same activity over time, your calculation may consider the time that you became unable to work as in example number (2) above.

The more confusing consideration, but the one that could cost you the most money if not calculated correctly is when you return back to work for more than six months and then suffer a recurrance. If that occurs and you were working at a higher rate of pay, it is that rate that should be utilized by the OWCP.

In one case, an injured worker was hurt in 2002 and removed by the employing agency until he returned back to work in 2003. He was injured in 2004 and argued that the his rate from that time should be utilized. He won the issue on appeal.

For more information on the topic, please visit www.barzLaw.com or email Steve@theOWCPattorney.com with your question.

© Stephen V. Barszcz, P.A. 2012

The law provides that the claimant cannot receive any additional compensation from the OWCP during the 40 week period that he is receiving payment of the schedule award. That would mean that he may not receive payment of wage loss benefits during the 40 week period that he receives payment for a schedule award.

The law does allow the federal government to pay out a schedule award to an injured worker if it determines that such a payment is in the best interests of the individual. If the injured worker were to receive a lump sum payment for 40 weeks during his first week, he would be unable to receive any additional compensation benefits from the OWCP until the 40 week period expires.

This is an important concept to remember if you become eligible for a second schedule award during the time period that the initial award is being paid out. You must also remember that you will be unable to elect wage loss benefits under OWCP during the time that you are being paid for a schedule award.

In one case, a claimant had received a lump sum payment for a schedule award in 1999 which would have run into 2006. He requested payment of a second schedule award in 2004. The ECAB provided that he was entitled to the second schedule award but could not received payment until the payout from the 1999 award expired in early 2006.

If you have questions please visit www.barzLaw.com or email Steve@theOWCPattorney.com.

© Stephen V. Barszcz, P.A. 2012

The law is very specific that a CA-1 must be filed with the employee’s supervisor within 30 days of the injury without exception. The rulings from ECAB have consistently held that there is no provision under the federal employee compensation act or excusing employees failure to file a claim for continuation of pay and 30 days of employment injury.

In one case, a new employee claimed he was unaware of the form but did provide written notice of his injury four days after the incident. He argued that his supervisor prevented him from filing the correct paperwork. ECAB determined that the claimants lack of knowledge regarding a time limitation was not persuasive. Further, that his supervisor did not assist in filing the proper forms in a timely manner not provide a basis for granting continuation of pay.

In a different case, a female employee provided that her leg injury kept her from getting around. Also, that her supervisor, manager and personnel department failed to inform her of the proper procedures. ECAB determined that those reasons were irrelevant. If found that there was no excuse for not filing the CA-1 with the employer within 30 days as provided by law.

Continuation of pay is payment by the employer. It is taxable and continues for a maximum of 45 days. At that point, if the employee is still unable to return back to the job in which he or she was injured, she would then be entitled to wage loss payments made by the OWCP. The claimant’s inability to receive continuation of pay does not, in any way, affect her work right to wage loss payments through the compensation system.

To contact Steve Barszcz Esq. with additional questions or to get help in your case, please call him TOLL FREE @ 877-655-2667 or write him at Steve@theOWCPattorney.com

© Stephen V. Barszcz, P.A. 2012