Social Security Disability Income Benefits
Social Security Disability Lawyer St. Paul, MN
If you have been denied benefits, hire a social security disability lawyer immediately. The team at Krug & Zupke in St. Paul, MN has more than 30 years of experience helping workers get what is owed to them. Our experienced attorneys understand the complexities of the law and understand exactly what to look for in cases just like yours. Having a disability lawyer on your side will ensure that even though you are receiving money for a worker’s compensation claim that resulted in disability you are still eligible for social security benefits.
Injured workers can receive both social security disability benefits in addition to workers compensation. The attorneys at Krug & Zupke are well versed in worker’s compensation law and we can help make sure our clients file the appropriate paperwork and take the appropriate steps to receive the proper financial compensation. Having an experienced legal mind handling your case makes sure that everything is handled appropriately and in your best interest.
Please contact us at 651-645-7746 for a free consultation.
Have you been denied benefits? We Can Help.
Social Security Disability Income (SSDI) is a federal government program requiring the applicant (Claimant) to establish an inability to obtain, maintain or sustain substantial gainful employment in the greater geographical area of residence. If the disabled Claimant is found eligible, the Social Security Administration (SSA) will pay monthly benefits commencing on the administratively or judicially established date of disablement after a required waiting period.
A Social Security Disability Income application can be commenced on line, over the phone or in person at a local Social Security office. The vast majority (estimated to be more than 90%) of initial applications are denied as lacking sufficient medical and vocational evidence of disablement.
Applications for SSDI are evaluated at three basic levels.
- Initial application – a decision is usually rendered within 3 to 6 months of the application date.
- Request for Reconsideration – This is an appeal from the SSA’s denial of the Claimant’s initial application. A Request for Reconsideration must be filed within 60 days of the issuance of the Denial issued by the SSA. During the Request for Reconsideration process, a second administrative review is made by disability evaluators, particularly focused upon the Claimant’s medical records and daily functional capacities in light of age, education, employment background, ability to live independently and physical and/or mental impairments. More than an estimated 75 % of Request for Reconsideration appeals continue to be denied.
- If the Request for Reconsideration is denied, the Claimant can further appeal within 60 days of this denial, requesting a Hearing (brief trial before a judge, no jury) before an Administrative Law Judge (ALJ). As the SSA is overwhelmed with SSDI applications and appeals, the wait for Hearing can be up to 1 to 2 years, although recent changes in the law can lead to quicker determinations.
Additional discretionary appeals are possible if the ALJ denies eligibility for SSDI.
How does eligibility for Social Security Disability Income and Workers’ Compensation benefits compare?
Under the Minnesota Workers’ Compensation Act, Chapter 176, eligible injured workers may receive Temporary Total Disability (TTD), Temporary Partial Disability (TPD) or Permanent Total Disability (PTD) benefits.
- Temporary Total: TTD is payable if the injured worker has medical evidence that a work-related injury substantially contributes to the inability to work on a temporary basis, subject to the defenses that may be argued by an Employer or Insurer.
- Temporary Partial: TPD is payable if the injured worker has medical evidence that a work-related injury substantially contributes to a reduction in earnings when the date of injury Average Weekly Wage is compared to the return to work wage, again subject to the defenses that may be argued by an Employer or Insurer. This reduction in earnings may be the result of a loss of regular hours, loss of overtime hours, or a reduction in the wage rate either due to a light duty assignment or because of placement in a new job that pays less. This is especially true for dislocated workers.
- Permanent Total: PTD is payable if the injured worker has medical evidence that a work-related injury substantially contributes to being unable to return to work in any job. Note that under Minnesota law the injured worker must have evidence of a permanent injury to one or more work-related injury body parts when combined with age and education in order to qualify for PTD.
Can a person receive both Minnesota Workers’ Compensation benefits and Social Security Disability Income (SSDI)?
Yes, an injured worker can simultaneously receive SSDI and Workers Compensation benefits, however these benefits are coordinated (offset) by an arithmetic formula to prevent double recovery as required by both state and federal law.
Attorneys who practice in the area of Workers Comp and SSDI claims can counsel clients on the financial incentive versus risks associated with settling a workers compensation claim for a lump sum of money and thereby diminish the offset affects of benefits coordination.
Claimants often do not recognize what medical and vocational evidence is necessary to establish eligibility for SSDI benefits. Telephone the law firm of Krug & Zupke, P. C. at 651.645-7746 to schedule a free consultation on how to apply for SSDI.