I Think I Need To Apply For Disability Benefits But Where Do I Turn?

By Ben Glass, Esquire

Benjamin W. Glass and Associates

. https://www.benglasslaw.com/

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I Think I Need To Apply For Disability Benefits But Where Do I Turn?

Most people know that when they get hurt and can no longer work, they can often apply for disability benefits. The tricky part is that there are different disability compensation programs and you may be eligible for more than one program.

Social Security Disability Insurance (SSDI) Social Security Disability (which is actually not tied to traditional Social Security, but is also run by the government) is paid by the federal government to people who have worked in the past but now have an injury or illness which will keep them from working for at least 12 months. The Social Security disability process can be frustratingly slow, but the government makes the initial application process easy for claimants. There are both attorney and non-attorney advocates who can help you with Social Security Disability. Federal law governs these claims.

Virginia Retirement System (VRS) This program is reserved for state employees (e.g., teachers, firefighters, policemen, government administrators, etc.). If you work for the state in some capacity and become permanently unable to work, you may have a claim with VRS for benefits. Like Social Security, the process is easy to get started, but can be frustratingly slow. There are a few attorneys around Virginia who specialize in the Virginia Retirement System program. If you are a member of a union, you may also be able to get help from the union. State law governs these claims.

Group Long-Term Disability under ERISA. This one is unique, and there aren't many law firms in the country which deal with these cases. ERISA stands for the Employee Retirement Income Security Act, passed in 1974. Typically, your employer will have purchased a group benefit plan from one of the major long-term disability insurance companies. While you do not need an attorney to apply for benefits, an attorney is recommended for any appeals, because if your benefits continue to be denied, you will have to litigate your claim in federal court. Federal law governs these claims.

Workers' Compensation This is for workers who become disabled on the job, through a work accident or some other work-related event. The rules governing workers' compensation are very specific and, in most cases, people will seek professional help instead of trying to settle on their own. State law governs these claims.

No matter which type of disability program you may be applying for, there are lawyers who specialize in that program and most will offer either a free consultation or other information to help make you successful in the claims process. You may be eligible for benefits under more than one program. If that is the case, there is generally a “coordination of benefits,” meaning that benefits obtained under one system may “offset” or reduce benefits you are eligible for under a different system. Again, a qualified and experienced attorney can walk you through

the process.