Social Security Disability Benefits
If you become disabled and unable to work, then your employee rights might
entitle you to the Social Security disability benefits provided by the
Social Security Administration (SSA).
Your employee rights might also entitle you to Medicare health
care coverage and the benefits of vocational rehabilitation and other free
back-to-work programs, which the SSA refers to as "work incentives" in
its Ticket
to Work program.
Independent contractors and other self-employed individuals
might also be entitled to same.
If you qualify, Social
Security disability benefits will pay monthly cash benefits to you
and eligible members of your family, under the Social Security disability
insurance program (SSDI).
To qualify, generally, you must have been unable to work for at least
a year, because of a total disability as defined by the SSA. A partial
or short-term disability is ineligible for Social Security disability benefits.
If you've become temporarily disabled off the job,
then you might be eligible for state disability
benefits, related back-to-work programs or both. If you were temporarily
or permanently disabled on the job, then you might be immediately eligible
for Workers' Compensation Benefits.
Additionally to qualify, you must have paid sufficient Social Security
taxes per a valid Social Security number (SSN).
If you're an employee, then you are likely paying Social Security taxes
through automatic payroll deductions, which show as "FICA" (Federal
Insurance Contributions Act) deductions on your paychecks.
If you're self-employed, then you are likely paying quarterly self-employment
taxes, which are equivalent to employee FICA taxes.
If you are still receiving Social Security disability benefits when you
reach full retirement age, then the
SSA will automatically convert your disability benefits to Social Security
retirement benefits. The compensation amount will remain the same as that
of your cash disability benefits.
If you qualify, Supplemental
Security Income (SSI) will pay cash benefits to help you meet your
basic needs for food, clothing and shelter. SSI pays benefits based on
your financial needs, not Social Security taxes you paid. To qualify,
generally, you must be aged, blind or disabled, with little to no income
and limited resources.
If you disagree with a disability benefits determination that the SSA
makes about you, then your employee rights entitle you to appeal through
several levels, including requesting a hearing before an administrative
law judge and filing a Federal lawsuit.
Many attorneys specialize in representing workers who appeal a denial
of Social Security disability benefits. Unless you possess razor-sharp litigation skills,
it's likely a good idea to hire an appropriate
attorney to represent you, particularly if you are to appear before
an administrative law judge or you choose to file a lawsuit. For more information,
see "Your
Right To Representation" by the SSA.
The SSA announced a cost-of-living
adjustment (COLA) on October 16, 2008. It increased benefit amounts
by 5,8 percent on average, including those from Supplemental Security
Income and Social Security disability insurance. The SSA will announce
the next COLA, if any, in October 2009.
See also Disability.gov,
a Federal Government Web site designed to help disabled people.
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