Blog

Disability payment you receive from workers' compensation and/or another public disability payment may reduce you and your family's Social Security benefits. Your Social Security disability benefit will be reduced so that the combined amount of the Social Security benefit you and your family receive plus your workers' compensation payment and/or public disability payment does not exceed 80 percent of your average current earnings. A workers' compensation payment is one that is made to a worker because of a job-related injury or illness. It may be paid by federal or state workers' compensation agencies, employers, or insurance companies on behalf of employers. Public disability (PDB) payments that may affect your Social Security benefit are those paid under a federal, state, or local government law or plan. A PDB is not usually based on a work-related disability. They differ from workers' compensation because the disability that the worker has may not be job-related. Examples are civil service disability benefits, military disability benefits, state temporary disability benefits, and state or local government retirement benefits which are based on disability.

Elizabeth C. Leffel A Social Security disability hearing is not a trial. It is not even in a courtroom. But the idea of a hearing can be very stressful for anyone. The hearing is just that, it is an opportunity for the Administrative Law Judge to hear the claimant's side of the story. It is the time for the Judge to listen to what you have to say and ask questions to better understand your claim. You will be asked questions about your work history, your age and education level, your disability, your treatment. The hearing is held in an office building in most areas. It is a conference room, set up with video and recording equipment. Hearings can be done with the Administrative Law Judge (AU) in person or in another city by video. The attorney and claimant are seated at a table. There is no witness box or jury or spectators. Usually the attorney makes an opening statement on your behalf and discusses procedural matters with the AU. Then depending on the method of taking testimony that the Judge prefers, the attorney will ask you questions or the Judge may do so. One must be prepared to discuss every aspect of their disability. Activities of daily living are explored. The time limits for sitting, standing and walking are very important to know prior to hearing. The effect of the disabling impairment on one's ability to perform activities is discussed. The prognosis for the future and the effect of medications and treatment are also considered and discussed. Medical expert testimony may be elicited in certain cases where a Medical Expert has been called to testify. The doctor will assess the impairments and let the Administrative Law Judge know if the claimant's condition meets the Listings found in the Social Security Regulations. The Listings are basic definitions of disability approved by the Social Security Administration. If a person meets or equals a listing, they are found disabled. The Medical Expert also addresses and gives testimony regarding the limitations and restrictions that are pertinent to the case, if the Listings are not applicable. Vocational expert testimony is also used at a hearing. That is why testimony is taken from the claimant regarding the duties performed in past work. That is very important in evaluating whether there is a job in the past that can still be done, or whether other jobs are available that accommodate the current physical or mental restrictions. The testimony of a vocational expert (VE) is used to help make these determinations in most cases. A vocational expert will attend the hearing by phone, video, or in person. They will testify as to the past relevant work done by the applicant. They will give the Administrative Law Judge the lifting and standing requirements of that job, the exertion and skill level. Then the VE will be asked a series of hypothetical questions to determine if there are any past or other jobs available. The hypotheticals will describe the alleged disabilities and the restrictions on various environments and activities. There is an opportunity for cross examination of both the Medical Expert and the Vocational Expert. A brief closing argument is usually allowed. Most hearings take 45 minutes to an hour. They are non-adversarial. The decision is usually not rendered at the time of the hearing. It can take 60-90 days before a decision is issued. The decision is sent by mail to the applicant's current address. So it is important to keep that up to date with SSA or your attorney. The hearing gives you the opportunity to be heard, so don't miss it.

Can You Collect Unemployment and Social Security? In short, yes you can receive both unemployment and social security disability benefits. Due to the complicated nature of most legal issues dealing with compensation through government funds, this is something that is going to differ on a case-by-case basis. The most common issue we see is claimants trying to receive unemployment while they are waiting for their SSDI claim to be processed, which is something that can take months or even years. Collecting both benefits has become more common during the COVID-19 pandemic but it is still fairly rare. For more information regarding your specific case, you should contact a notable disability lawyer at Barkan Meizlish LLP. What is Unemployment? Unemployment benefits, or unemployment insurance, is in place to reward those who are currently without work but actively searching for it. Unemployment benefits will grant you a predetermined percentage of your most recent income as a way to hold you over while you search for a new job. More information on how to file for unemployment can be found here. What Is SSDI? SSDI is an insurance benefit that people pay into and can make a claim for when they become disabled and no longer have the ability to work. It can take months or years for a claim to be approved which is why people often seek unemployment benefits at the same time. Filing for SSDI can be a lengthy and complex process and should never be faced alone. The disability lawyers at Barkan Meizlish LLP have handled countless Social Security Disability cases and can help you get the benefits that you have already paid for. Can You Apply for Disability While on Unemployment? The first thing you need to understand when trying to decide on your plan of action is that at their core intention, SSDI and unemployment benefits directly contradict each other. When filing for SSDI you are stating that you can no longer work in any capacity. Contrarily, if you are collecting unemployment benefits then you are admitting that you are both willing and able to perform work. Ensuring that the qualifications are met for both is best done through the eyes of a professional disability lawyer. You can apply for disability while collecting unemployment but it might not be the best decision. While the SSA has said that collecting unemployment does not immediately disqualify you from collecting disability, it could greatly reduce the chances of you getting approved. This is ultimately a gamble and is going to entirely depend on the claims examiner reviewing your case. Some claims examiners are lenient and will still approve your SSDI claim while you are collecting unemployment. This comes from their understanding that SSDI claims take a while and that you need income in the interim. On the flip side, your claims examiner might only see the blatantly contradicting nature of the two benefits and deny your disability claim on the spot. To prevent this from happening we recommend you wait until your unemployment benefits have run out or are nearing the end before filing your disability claim. This makes everything look good on paper and will force the claims examiner to review your claim based on your physical state alone and not the language used to describe the individual benefits. Always be upfront when filing for unemployment or SSDI benefits as you could face criminal charges and be ordered to pay back the money if caught. Exceptions In an effort to cut spending, the government is actively trying to prevent people from collecting both benefits at the same time. But like any other ruling, there are some legitimate and rare exceptions. One of the most common situations is when an individual is collecting unemployment and then faces a debilitating injury. They could file before their unemployment benefits stopped and still have a good chance at receiving SSDI as well. This is far from the only qualifying circumstance but it is one of the most common. There are other unique situations that qualify individuals to receive both benefits. If you aren’t sure what route to take, contact the highly trained disability lawyers at Barkan Meizlish LLP. We have won countless cases since 1957 and have the case results to back it up.