Frequently Asked Questions

 

9.         Can I get both worker's compensation and Social Security Disability benefits?

Yes.  There is an offset, which reduces Social Security Disability benefits because of worker's compensation benefits paid, but in virtually all cases, there are still some Social Security Disability benefits to be paid.  In a few states the offset works the other way - - worker's compensation benefits are reduced because of Social Security Disability benefits.

 

10.       How can I tell if I will be found disabled by Social Security?

Unless your disability is catastrophic (such as terminal cancer, a heart condition so bad that you are on a heart transplant waiting list, total paralysis of both legs, etc.), there is no easy way for you to tell whether you will be found disabled by Social Security.  In the end, the decision of whether or not to apply for Social Security Disability benefits should not be based upon whether or not the person feels that Social Security will find them disabled.  Attorneys familiar with Social Security Disability can make predictions about who will win and who will lose, but even they can seldom be sure.  An individual should make the decision about whether or not to file for Social Security Disability based upon his/her own belief about his/her condition.  If the individual feels that he or she is disabled and is not going to be able to return to work in the near future, the individual should file for Social Security Disability benefits.  If denied, the individual should consult with an attorney familiar with Social Security Disability to get an opinion as to the chances of success on appeal.

 

11.       What are the types of disabling conditions that will qualify for Social Security Disability?

Disabling conditions can be physical or mental or both.  Social Security speaks in terms of a “medically determinable” condition.  Any condition can result in a finding of disability if the condition is severe enough to preclude all work.

 

12.       Do you have to be permanently disabled to get Social Security Disability benefits?

No.  You have to have been disabled for at least a year or are expected to be disabled for at least a year or have a condition that can be expected to result in death within a year.

 

13.       I have several health problems, but no one of them disables me.  It is the combination that disables me.  Can I get Social Security disability benefits?

Social Security is supposed to consider the combination of impairments that an individual suffers in determining disability.  Many, perhaps most claimants for Social Security disability benefits have more than one health problem and the combined effects of all of the health problems must be considered.

 

14.       I got hurt in an automobile accident.  I am disabled now, but I expect that I will be able to return to work after I recover.  Should I file for Social Security disability benefits?

If you expect to be out of work for a year or more on account of illness or injury, you should file for Social Security disability benefits.  Even if you expect to go back to work, this does not mean you are not entitled to benefits.  If your disability ends such that you can go back to work, you may still be entitled to a “closed period” of benefits for the period that you could not work.

 

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