Thursday, February 28, 2019

Disability Benefits

If you're injured and unable to work, there are several state, federal, and private benefit programs that may be available to help you.  However, navigating and differentiating these programs can be difficult, especially when you're injured and in pain.  And the fact that many of these very different programs sound nearly identical (e.g. SSDI, SSI, and SDI) only make it harder. My goal here is to provide some of the most common programs, explain broadly the differences between them, and discuss their requirements in general.  Please note that all of these programs are complicated, and you are best to seek legal assistance when determining which programs are available to you.

Social security disability is the name for two similar federal programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). For both of these programs, you must show that you are unable to work for 12 months or more. SSDI also requires that you have paid into the Social Security system, and that your injury occurs while you are still "covered" by that system. If you are approved for SSDI benefits, then you should begin to receive your full retirement amount from around the date of your disability, subject to some certain restrictions. Even if you haven't paid into the Social Security system, you may still be eligible for SSI. SSI requires that you have limited assets, as calculated by the Social Security Administration. If you approved for SSI benefits, you will receive a monthly payment (for 2019, this payment, for an individual, is $771.00).       

State Disability Insurance (SDI) is a state (California) program, run by the state Employment Development Department (EDD) that provides temporary benefits for persons unable to work due to an illness or injury (it also provides some benefits for maternity leave). These benefits typically, but not always last for one year. In order to qualify for SDI, you generally must get certification from your qualified health care provider regarding your diagnoses, recovery time, etc. EDD also runs a similar program for those persons unable to work not because they are injured, but because they can't find a job: unemployment.

Workers' compensation is another program that can provide benefits if you are injured at work.  These benefits can include medical treatment, payments for lost wages, and lump sum payments for future medical care. Some of these benefits can be referred to as total or partial disability, which should not be confused with State Disability Insurance, or Social Security Disability. The workers' compensation system can be difficult to navigate, and legal assistance is recommended.

There are also private long term and short-term disability programs, that you may have enrolled in yourself, or have been enrolled in by your employer. Again, although these programs are disability programs, they are distinct from the government and administrative programs described above. The benefits provided by these programs vary, and you can get more information about any programs that you may be eligible for from the program administrator or your human resources department.

Often, you may be eligible for more than one of these programs. It's not uncommon for someone hurt at work to receive workers' compensation benefits, state disability benefits, and social security benefits. However, these programs can interact with each other in complicated ways, and may even affect the payments that each program pays to you. For this reason, and others, it is always a good idea to seek legal assistance when dealing with these programs.