Generally speaking, if a person is unable to work anywhere anyhow as a result of his disability, he will be entitled to Social Security disability benefits. You should apply for Social Security disability benefits at your local Social Security office. Usually, your attorney in your workers' compensation case will also represent you in your claim for Social Security disability.
If you are entitled to Social Security disability benefits, there are various offsets between the Social Security and workers' compensation laws which reduce either your Social Security benefits or your workers' compensation benefits.
Social Security provides benefits for seriously injured workers and their families. To qualify for Social Security, you must show that you have a physical or mental impairment and the impairment must be expected to last at least 12 months. The impairment must prevent you from doing any substantial gainful work activity.
If you receive Social Security benefits, money that you receive from workers' compensation may be credited against your Social Security benefits or vice versa. If you settle your workers' compensation claim after you have received Social Security benefits, Social Security may want an offset of the benefits it pays you against your workers' compensation benefits.
It is very important that you take this into consideration before you settle your workers' compensation case. There is language that is designed to minimize the amount of credit for Social Security you may take against the workers' compensation award.
SSI is short for Supplemental Security Income. It pays monthly checks to people who are 65 or older, blind, or have a disability and who don't own much or have a lot of income. SSI isn't just for adults. Monthly checks can go to disabled and blind children, too. People who get SSI usually get food stamps and Medicaid, too. Medicaid helps pay doctor and hospital bills.
To get SSI, you must be 65 or older, blind or disabled. Blind means you are either totally blind or have very poor eyesight. Children, as well as adults, can get benefits because of blindness.
Disabled means you have a physical or mental problem that keeps you from working and is expected to last at least a year or to result in death.
Children, as well as adults, can get benefits because of disability. When deciding if a child is disabled, Social Security looks at how his or her disability affects everyday life. Sometimes, a person whose sight is not poor enough to qualify for benefits as a blind person may be able to get benefits as a disabled person if his or her condition prevents him or her from working.
If you get SSI, you also may be able to get other help from your state or county. For example, you may be able to get Medicaid, food stamps, or some other social services. For information about all the services available in your community, call your local social services department or public welfare office.
People who get SSI usually can get food stamps, too. If everyone in your house is signing up for SSI or getting SSI, the Social Security office will help you fill out the food stamp application. If you don't live in a house where everyone is signing up for SSI or getting SSI, you will have to sign up for food stamps at the local food stamp office. Usually, when you get SSI you can also get Medicaid. Medicaid helps pay your doctor and hospital bills. You can get more information about Medicaid at your local welfare or medical assistance office.
If you get Medicare and have low income and few resources, your state may pay your Medicare premiums and, in some cases, other Medicare expenses such as deductibles and coinsurance. Only your state can decide if you qualify. To find out if you do, contact your state or local welfare office or Medicaid agency. For more general information about the program, contact Social Security and ask for a copy of the leaflet, Medicare Savings For Qualified Beneficiaries (HCFA Publication No. 02184).
Whether you can get SSI also depends on what you own and how much income you have. Income is the money you have coming in, such as wages, Social Security benefits and pensions. Income also includes non-cash items you receive, such as food, clothing or shelter.
If you're married, we also look at the income of your spouse and the things he or she owns. If you're under 18, we may look at the income of your parents and the things they own. And, if you're a sponsored alien, we also may look at the income of your sponsor and what he or she owns.
The amount of income you can have each month and still get SSI depends partly on where you live. You can call the Social Security Administration at 1-800-772-1213 to find out the income limits in your state. Social Security doesn't count all of your income when they decide if you can get SSI.
If you are a student, some of your wages or scholarships you receive may not count.
If you are disabled but work, Social Security does not count any wages you use to pay for items or services you need to work because of your disability. For example, if you need a wheelchair, the wages you use to pay for the wheelchair don't count as income.
Also, Social Security does not count any wages a blind person uses to pay expenses that are caused by working. For example, if a blind person uses wages to pay for transportation to and from work, the transportation cost isn't counted as income. If you're disabled or blind, some of the income you use (or save) for training or to buy things you need to work or earn more money may not count.
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