Social Security Disability After a Serious Injury
A severe injury or illness can end a construction career. Workers' compensation covers work-related injuries, but if you cannot work for a long time, Social Security disability benefits may help.
- Injured Workers
- Families
- Older Workers
Two programs
- Social Security Disability Insurance (SSDI): for workers who have paid Social Security taxes and earned enough work credits. Benefits are based on your earnings record.
- Supplemental Security Income (SSI): needs-based, for people with limited income and resources, whether or not they have worked.
SSDI eligibility
- You must have a medical condition that prevents you from doing substantial gainful activity (earning above a monthly amount set each year), and is expected to last at least 12 months or result in death.
- You must have enough work credits, generally 40 credits, with 20 earned in the last 10 years. Younger workers may need fewer.
- The condition may be from a work or non-work injury or illness.
- There is a five-full-month waiting period before SSDI payments begin.
- After 24 months of benefits, you may become eligible for Medicare.
Workers' compensation and SSDI
If you get both workers' comp and SSDI, the combined total may be reduced (an offset) so they do not exceed a set percentage of your prior earnings. Settlement language matters; talk to an attorney before settling a workers' comp claim. See Workers' Compensation.
How to apply
- Apply as soon as you expect to be out of work for a year. Apply online at ssa.gov, by phone at 1-800-772-1213, or at a local Social Security office.
- Gather medical records, doctors' names, work history, medications, tax forms and IDs.
- Describe how your condition limits what you can do, in detail.
- Keep seeing your doctor. Medical evidence is the key.
If you are denied
- Many first applications are denied. Do not give up; appeal on time, usually within 60 days of the notice
- The steps are reconsideration, a hearing before an administrative law judge, review by the Appeals Council, then federal court
- Consider help from a disability attorney or legal aid. Fees for Social Security cases are limited by law and paid from back benefits
- Ask your doctor to support your claim with clear statements about your limitations
Note: Dollar amounts and credit rules change yearly. Check ssa.gov for current numbers.
Standards & references
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