Working Disabled Americans: Are You Eligible for Disability Benefits?
Wow! These are challenging times. We are suffering through inflation, political turmoil, and so much division in our country. I saw a meme on social media awhile back, “Aliens probably ride past the earth and lock their doors.”
Americans are frustrated and it is affecting their mental and physical health. More and more Americans are becoming chronically ill due to their stressful environment. This causes us to become overwhelmed and it impacts our activity levels and diet.
How can you get off this hamster wheel so you can seek treatment to achieve a better quality of life?
Planning for your immediate financial and medical needs without shortchanging your future goals may seem like a daunting task. And seeking an easy solution now may be detrimental to your future benefits. Yikes! That is a lot, friend.
To cut through some of the confusion, I will list the most common types of disability benefits available. Then I will list the pros and cons for each benefit type so you can make informed decisions. Finally, I will share the type of professional you should seek if you need help.
“I do not feel that I am disabled.”
I hear this a lot when I first start working with disability applicants. Disability benefits seem to be this kind-of forbidden mystery to most. It certainly was for me, when I first started my career. I think this has a lot to do with misconceptions about the words, “Disability,” and “Disabled.”
What comes to your mind when you read those two terms? You may have visualized the handicap figure in parking spaces; or someone that is able to work, but chooses to rely on government benefits.
While that may be part of a bigger discussion, that is not what we are talking about here. First, we need to understand that what I am talking about in this post is the legal definition of the term, “disability,” and “Disabled.”
“Disability” means that an individual has a documented medical condition that is expected to last anywhere from six weeks to at least a year. This does not mean it has to be a life-long condition in order for you to qualify. This could be anything, such as: pregnancies, accidents, surgeries, or mental health treatment.
Disability benefits are available for individuals to take a break from working so they can seek treatment and possibly return to work. This is not a hand-out — this is a hand-up. Part of a bigger plan. And you do not have to be limited to mobility issues to qualify for these amazing benefits.
“Disabled” simply means that you meet the criteria for that particular program. If you are found to be, “disabled,” that means that you are entitled to financial benefits. In other words, your application will be approved.
This is a list of common disability benefits in which you may be eligible based on your medical diagnosis:
- Social Security Disability (SSD)
- Short-Term Disability (STD)
- State Disability Insurance (SDI)
- Workers Compensation (WC)
Social Security Disability
Are you working with a severe physical or mental impairment(s)? Are you taking time off of work because of your symptoms? Are you afraid that your severe impairment will affect your ability to maintain your job? Are you struggling to get through your day?
Definition of Disability: To meet our definition of disability, you must not be able to engage in any substantial gainful activity (SGA) because of a medically determinable physical or mental impairment(s) that is either: Expected to result in death; or is expected to last for a continuous period of at least 12 months. SSA
Pro: The definition sounds more complex than it really is. Click here to learn more.
Pro: You can receive Social Security Disability benefits until you reach full retirement age (FRA). Once you reach FRA – your disability benefits will be converted to your full retirement benefit amount.
Pro: If you are 62 or older, you can follow the Piggyback Method to decrease your wait time.
Pro: You will preserve your full retirement benefit based on your date last worked simply by filling for Social Security Disability
Pro: You may be eligible for Medicare/Medicaid benefits.
Pro: Your children may be eligible for auxiliary benefits.
Pro: You may be eligible for Federal Student Loan forgiveness if you are approved for Social Security Disability.
Pro: You will not be penalized for returning to work. You can return to work and receive your full benefits!
Con: A Social Security Disability determination can take up to three years.
Con: There is a five-month waiting period before you are eligible for a financial benefit.
Short-Term Disability
Are you working with a physical or mental medical condition? Were you recently injured in an accident? Are you pregnant?
You may be eligible for short-term disability (STD) through your employer. Many employers offer this benefit at no cost to you. Please check your employer’s benefits to see if you are offered this amazing financial benefit.
Please quietly research this option before involving your Human Resources (HR) department. When you have decided that you are ready to apply — then you can contact HR.
You likely have an employee portal with your employee handbook, PTO requests, policies, etcetera; look for more information on your employer’s STD plan. Once you locate the plan, read through the information to determine if your medical condition is covered, how much you will receive, and their requirements.
Con: STD and LTD benefits are not counted as earnings from work. This means that your Social Security Retirement benefit will be reduced due to no reported earnings from work. You will need to file an application for Social Security Disability to prevent a reduction in Social Security Retirement benefits.
Con: STD insurance carriers may offset your Social Security disability payment. This means that you may be approved for both benefits – but your STD payment will be reduced by the amount of your Social Security Disability payment.
Con: Waiting to file for Social Security Disability benefits may cause a termination of your STD benefits. If you must appeal a denial you will incur a large overpayment due directly to your STD insurance carrier. Please read your plan carefully.
Con: Your STD claim may be converted to a long-term disability (LTD) claim. Most LTD policies have a 24-month mental health limitation. These plans limit the payment of benefits to a maximum of two-years for individuals whose disability is the result of mental illness.
Please note that many states are now requiring that employers provide paid leave. This is something that is still a work in progress, and I will update this post once I have more data.
State Disability Insurance
If you live in the following states, you may be eligible for disability benefits through your state:
California - 2023 SDI Amount: Up To $1,620 Per Week
Hawaii - 2023 SDI Amount: Up To $765 Per Week
New Jersey - 2023 SDI Amount: Up To $1,025 Per Week
New York - 2023 SDI Amount: Up To $170 Per Week
Rhode Island - 2023 SDI Amount: Up To $1,007 Per Week
Source *Please note that payment amounts are based on your documented earnings.
Simply conduct an internet search with your state’s name and, “disability benefits.” Then read through the information to determine if you meet the criteria. Then follow to instructions to apply for benefits if you are eligible.
Pro: The disability payments may last from six to twelve months. (Depends on the state)
Con: SSA offsets your SDI earnings. You may be approved for both benefits, but SSA will reduce your monthly payment by the amount of your SDI payment. This means that you will have to show SSA proof that your SDI ended to have your SSA benefits recalculated.
Workers Compensation
Do you have a mental or physical condition due to your employer’s negligence?
Pro: If your employer caused you to suffer with a severe mental and/or physical impairment – you may be eligible for financial and medical benefits.
Pro: An experienced attorney can make this process a little less painful.
Con: It is litigation — so it is not fun.
Con: Social Security Disability and STD offset your Workers Comp payments. This means that you may be approved for all three benefits – but you will receive a reduced Social Security Disability payment and a reduced STD payment. If any of your benefits change, a Disability Expert can walk you through maximizing your benefits.
Final Thoughts
I hope you found this summary helpful.
Please note that this is not an exhaustive list of programs for which you may be eligible. This is a summary of the most common programs.
Please click the button belowe to schedule a free consultation. A preliminary analysis will reveal which program applications will be best suited for your unique situation and future goals. We can also show you how to stack your benefits to avoid offsets to maximize your monthly benefits.
