Becoming partially or totally disabled can have devastating effects on your body and mind. Fortunately, there are resources and benefits available for people who are unable to work due to an injury or medical condition. The most commonly used benefits are long-term disability insurance and Social Security disability insurance (SSDI).
Both programs have their benefits and drawbacks. One program can offset the other before you even realized what happened. It is frustrating when you cannot receive the benefits you deserve due to a technicality.
In this article, we are going to individually review long-term disability insurance and essential information you should know before or while receiving benefits. While the information below might be helpful, it is best to direct your specific questions to a social security disability lawyer as soon as possible.
What is Long-Term Disability Insurance?
Long-term disability insurance is a policy usually purchased through your employer or an independent insurance agency. A long-term disability package may include a short-term plan. The reason for buying both maximizes the coverage, as your long-term plan kicks in when your short-term plan runs out.
Benefit Pay-Outs are Faster Than SSDI
Receiving approval for SSDI benefits is a lengthy process. It takes an average of five months to receive benefits. The processing of long-term disability is simplified since it takes a shorter amount of time. Many people choose to draw long-term disability benefits while waiting for SSDI approval.
Long-term disability requires individuals to wait a length of time before receiving benefits. This term is known as a waiting period. The waiting period for most states is between seven and 14 days, depending on your ability to work.
Both Short- and Long-Term Disability Policies May be a Good Idea
It can take between three and six months for a short-term plan to terminate. At which time, your long-term benefits become effective from a much later starting point. These two policies together can lengthen the amount of overall time you receive benefits.
Long-term disability does not cover your entire salary for work missed due to your injuries. The standard rate of payment is 50% of your working salary. The number really depends upon your individual plan.
Be Aware of Your Long-Term Disability Insurance Limits
Before purchasing a long-term disability policy, it is a good idea to have the terms and conditions reviewed by a lawyer. He or she can spot pitfalls and advantages in premiums, payouts, and coverage.
Working With a Disability Lawyer can Provide Valuable Insight
The strategy you put into place for receiving long-term disability and SSDI benefits may be critical to your lifelong care. Therefore, it is wise to discuss your case with a disability lawyer to help you through the process while being a fierce advocate in your corner. He or she can also create a strategy to maximize your total benefits package.
Aside from high-level work, an attorney can manage the little details, as well. His or her office can manage communications, executing claim requests, and organizing a paper trail during the lifetime of your benefits payout.
Are you interested in learning more about your claim? Find a social security disability attorney in your area for a claim review regarding your long-term disability case.
What Social Security Disability Benefits are Available to Me?
Social security benefits are available to adults who have a medical disability that prevents them from working. The Social Security Administration (SSA) offers programs through which you can apply for benefits:
Below we will look at the benefits and differences of each program. Current and future recipients should discuss their case with a social security disability lawyer to address specific questions related to an SSDI or SSI claim.
What is Social Security Disability Insurance?
Social Security disability insurance is a program provided by the U.S. Social Security Administration. When you paid into the Social Security program from your earnings, you were paying into these benefits for your future use if you became disabled. Here are a few other considerations regarding SSDI.
SSDI Takes Longer to Process
As previously stated, these benefits take longer to receive approval versus long-term disability insurance. There is a consecutive five-month waiting period before you can draw upon your account. Therefore, receiving benefits may take as long as six months to qualify due to the calendar month basis.
Work Requirements Must Be Met to Receive SSDI
SSDI benefit eligibility requires you to have worked enough time. The SSA calculates your benefits based upon the number of credits you earned throughout your employment history. As of 2019, you receive a single credit for every $1,360 earned with a maximum of four credits for the year. Over time, your credits must meet threshold requirements.
What is Supplemental Security Income (SSI)?
The SSA manages the Supplemental Security Income (SSI) program in conjunction with your state. Eligibility and benefit amounts are subject to local state rules and regulations. However, the federal government has set minimum requirements to receive SSI benefits. To qualify, you must be:
- Blind, disabled, or age 65 or over;
- A U.S. citizen or permanent resident;
- On a low income ($1,400 or less in most states), and;
- In possession of less than $2,000 in asset ownership
SSI application approvals offer a monthly stipend of $771 per month (or $1,157 per couple) in addition to the income you currently receive. Again, depending upon the state in which you live, you may be eligible for an additional State Supplementary Payment.
The monthly stipend, known as the federal benefit rate, is adjusted each fiscal year. Most states automatically approve SSI recipients for food stamps and Medicaid.
What to do if the SSA Denies Your SSDI/SSI Benefits
There is not anything more frustrating than not receiving the benefits you need in order to survive. If you were denied SSDI/SSI benefits, keep in mind that the outcome is only one adjuster's opinion. You can appeal your claim with the SSA when going through the application process.
Speaking with a social security disability lawyer in your state is the most effective method through which you can fight for the benefits you deserve. Schedule a case review today for the best possible result.
What to do When Your Employer Does Not Have Workers’ Comp Insurance
Almost every state requires private employers to carry workers’ compensation insurance. However, not all companies are compliant with state regulations. If you have been injured at work under an uninsured employer, you know how frightening and uncertain it can feel to be in this position.
However, it is important to remember that you are not alone in this situation. You have rights to safety and medical care that are inalienable. Considering scheduling a case review with a workman's’ comp lawyer in your state to find out what your options are.
Employers That Must Carry Workers’ Compensation Insurance
Every state, apart from Texas, requires all employers to carry some form of workers’ compensation insurance for every employee. This requirement may even extend to self-insurance, whereby an employer has the financial resources to cover claims. Most states only require workers’ comp for companies
How to Determine if Your Employer Has Workers’ Compensation Insurance
If you are injured while at work, you should report it immediately to your direct supervisor. He or she will direct file a workers’ compensation claim. However, upon reporting your injury, you may discover that your employer does not have workers’ comp insurance at all.
Each state handles the process for reporting workers’ comp violations differently. Check with your state’s workers’ compensation statutes for specific information. You do not have to accept that your employer has not followed its insurance requirements.
What to do if You Discover Your Employer Does Not Have Workers’ Comp
It is alarming to find that your employer does not carry state or federally mandated workers’ compensation insurance. Most people do not discover this until it is too late — after an injury occurs. If you find yourself in this situation, there are two actions you can take:
- File a lawsuit against your employer, or;
- File a claim with the uninsured state fund
When an employer has the required coverage, employees are not allowed to file a personal injury lawsuit against their employer. This requirement is only waived if workers’ comp coverage is not provided. Some states even offer benefits to injured workers from the state’s uninsured employer fund.
The last thing courts want to do is flood the civil court system with these types of claims. Instead, it is used as a last resort to being awarded compensation for on-the-job injuries. Since you may have multiple options available, it is critical to consider your next move carefully since it can have long-lasting repercussions.
Information About Getting Help From a Workers’ Compensation Lawyer
Having a work-related accident with an uninsured employer can be devastating. You have a right to a safe work environment and treatment for injuries related to your employment. Working with an experienced attorney can help you understand your state’s regulations while making an informed decision.
You can get the process started by scheduling a claim review with a workers’ compensation attorney. He or she can protect your rights while maximizing your benefit payouts as allowable by law.