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San Diego Social Security Disability Law Blog

Does workers' compensation affect SSD benefits?

California residents who are injured in a work-related accident may be unable to return to work right away. If workers are disabled, as per the Social Security Administration's definition of the term, they might be able to file and collect SSD benefits for their disabling condition. But what happens if the injured individual is also collecting workers' compensation? Does one type of benefit affect the other?

Although disability payments from a private source, such as insurance or retirement benefits, don't affect SSD benefits, workers' compensation benefits could reduce them. This is because workers' comp is paid from federal or state workers' compensation agencies or by insurance companies for the employers. Similarly, civil service disability benefits, and state or local government retirement benefits, may also affect SSD benefits. On the other hand, Veteran's Administration's benefits and SSI do not reduce SSD benefits.

Improving an SSD application

A previous post here mentioned that there are certain ways to improve a Social Security Disability application to get it accepted on the first try. Although there is no way to guarantee that an application does not become one of the 66 percent of SSD applications that is rejected on the first instance, ensuring that paperwork is in order and evidence is in place can go a long way in getting an application approved.

At first glance, it might seem like a simple process: fill out the application, gather the necessary paperwork, send out the papers and wait for the decision. Unfortunately, this is rarely the case. The application itself is complicated for many people suffering from cognitive issues to understand and physical ailments from filling out. The very issues for which they are seeking SSD benefits might prevent them from filling out an accurate application.

Is there a way to improve an SSD application?

Although it is not possible to guarantee the success of a first time Social Security Disability application, there are certain steps California residents can take to attempt to improve the chances of their application getting accepted on the first try. Those who are applying are probably aware that they are facing daunting waiting times with dwindling resources for SSD benefits and that initial applications are more than 70 percent likely to be rejected on the first instance.

Many people plan on applying online, but this should not deter them from printing out the application and filling it out on paper at first. This can give them an opportunity to get familiar with the questions and gather all the information they may not have immediately ready. This way, when they go online, they do not need to halt the process every time they need to collect additional information. Having the medical records ready is not only a good idea, but a necessary one. Not only does an applicant need to answer questions related to their condition, they also either need to provide those documents to the Social Security Administration or give them permission to access them.

Can migraines qualify an applicant for SSD benefits?

What may seem like an ordinary headache to many and no cause for concern can often escalate into pain so severe that a sufferer is unable to move, much less work. Migraines are much worse than severe headaches. They often cause nausea, light and noise sensitivity, imbalance and fatigue. Although the 18 percent of people across the country who suffer from migraines may only get an attack once or twice a week, the symptoms can plague them on a daily basis. Research has found that 14 million Americans are affected by chronic fatigue and debilitating pain because of migraines on a daily basis. 90 percent of those who suffer from migraines are unable to work or move for hours, or even days, after they have had a migraine attack.

California residents may not be aware that the World Health Organization has classified migraines as the eighth leading cause of disability in the world, underscoring the serious consequences of this condition on an average individual. Migraines have the potential not only to leave someone unable to leave their house, but also can isolate them from their loved ones and leave them unable to work and take care of themselves, both emotionally and financially.

The four stages of SSD appeals

Submitting a Social Security Disability application is not the end of the road for many California residents-less than half of all first time SSD applications are accepted in the first attempt. A denial of SSD claims may seem disheartening but it doesn't have to be, because the Social Security Administration has a comprehensive appeals process that can be utilized to ensure the decision reached is the correct one.

Once the SSA has made a decision on the application, a letter is sent to the applicant explaining the reasons. An appeal may be requested within 60 days of receiving this letter and it must be in writing. There are four levels of appeal.

Can a widow receive a deceased spouse's benefits?

If anyone in your family has received Social Security Disability benefits, you know how that monthly check can be a lifesaver for everyone in the household. When, due to illness or injury, you can no longer work to earn a living, the Social Security Disability Insurance program can provide you and your family with much-needed income. But if the disabled recipient passes away, does that income disappear?

The short answer is no, not necessarily. Widows may file an application to receive a late spouse's disability benefits.

Cancers and qualifying for SSD benefits

With more than 200 types of cancer currently and around 1.7 million new cancer cases discovered every year, it is not surprising that it is included as a covered condition in the Social Security Administration's Blue Book of recognized disabilities. However, not all cancers are included in the listings-that depends on where the cancer originates, the extent of the body's involvement, duration and response to anti-cancer treatment and effects of post-therapeutic residuals.

As many California resident can imagine, cancer at any stage and of any type is disabling. The physical and emotional affects of the condition are in addition to the side-effects of the medicine or treatment being taken for the illness. As a result, working can become impossible while someone is trying to fight cancer. Those who are working may need to take time off for their treatment or while they are recovering from it. Those who have been treated may not be able to return to work for a number of months, if they ever can. At the same time, treating cancer is incredibly costly, with medical bills running into the thousands every month. Covering this expense can be difficult when income is consistent-without a job it can be downright impossible.

We can help you apply for SSD benefits or appeal a decision

A physical or cognitive disability that suddenly leaves a normally productive California resident unable to go to work, complete routine tasks or become unable to take care of other family members can be emotionally frustrating. Not to mention, it is also financially overwhelming to suddenly see bills pile up and be unable to do anything about it because one no longer has a job.

The federal benefits programs administered by the Social Security Administration provide financial assistance both for those who are struggling to make ends meet because they do not have a job and for those who want to attempt to return to the workforce. As mentioned last week, the TTW program encourages disabled workers to try and start working again while still receiving financial assistance and remaining eligible to receive Social Security Disability benefits for a certain period of time without having to submit an application.

What is the TTW program?

When a health issue takes a California resident out of the workforce, many people mistakenly believe the disabled individual is enjoying their time away from work while receiving Social Security Disability benefits. However, nothing is further from the truth-without a job, many people feel they have lost their sense of purpose and community. Additionally, SSD benefits provide a bare minimum amount of financial compensation-it helps recipients get by and make ends meet, but in no way does it replace the earnings they were likely receiving when they were earning.

Seeking SSD benefits is not a decision to stop working forever, though many people do not know this. Their program, Ticket To Work, was specifically designed to help residents get back on their feet and achieve financial independence, while continuing to receive SSD benefits for an adjustment period. TTW provides recipients with the opportunity to test the waters without losing their SSD benefits.

Important facts about Social Security disability

An unexpected disability can end the ability to earn income and pay for living expenses. To help, Social Security grants benefits under its Social Security disability program to eligible claimants. Those seeking or receiving this financial assistance should know basis facts about SSD benefits.

This program is different than Social Security's retirement benefits. Most workers pay into Social Security through federal payroll taxes with the anticipation that they will receive benefits when they retire.