Disability Benefits Types and Qualifications

By Scott B. Elkind, Esq.

Elkind & Shea, The Disability Benefits Law Firm

. http://www.disabilitybenefitslawfirm.com/

More Legal and Health Articles

Disability Benefits Types and Qualifications

There are several types of disability benefits available depending on an individual's circumstances. The best known are social security disability (SSD) benefits, which are available to workers who have paid into the social security system through payroll deductions.

In order to qualify for SSD benefits, a worker must have paid a minimum of 10 out of 20 work quarters with a minimum of part-time work prior to becoming disabled and immediately after ceasing work. Additional quarters can extend disability coverage to a maximum coverage period of five years. In addition to monthly benefits, successful SSD claimants will receive medicare benefits two years from their date of disability onset.

If an individual is uninsured or becomes disabled following expiration of their insured period, then that individual may be entitled to Supplemental Security Income (SSI benefits). These benefits pay considerably less than SSD benefits and will include Medicaid insurance immediately upon qualification.

Both SSD and SSI benefits include additional benefits for minor children and will allow benefit recipients to earn up to $750/month without losing their monthly benefits as well as eligibility for a return to work program that will pay benefits while a person tries to return to full-time employment.

SSD and SSI benefits may be offset by additional benefits paid by other governmental disability programs such as Veterans Administration, state workers' compensation, and the Federal Employees Retirement System. If an individual contributed directly to the Civil Service Retirement System or the Railroad Workers Retirement System, he or she will have no eligibility to social security disability benefits.

If you worked for an employer who sponsored a group disability plan or if you purchased an individual disability plan, you may have eligibility for additional benefits from these sources. The terms for benefits eligibility will be explained in the policy documents.

Many of these policies will require a covered person to apply for SSD upon filing a private benefits claim. Any benefits paid by the private policy may be offset by benefits paid by social security, and makes the covered person responsible for repaying any overpayments due to retroactive payments from social security. The sums to be repaid can be considerable.

Disability programs are complicated. Little information is provided to the average person to explain disability entitlements from the various programs, or the interaction between the programs. In fact, few attorneys have any significant experience in handling disability benefits cases.