Social Security Disability Income Benefits

Have you been denied benefits? We Can Help.

Social Security Disability Income (SSDI) is a federal government program requiring the applicant (Claimant) to establish an inability to obtain, maintain or sustain
substantial gainful employment in the greater geographical area of residence. If the disabled Claimant is found eligible, the Social Security Administration (SSA) will pay monthly benefits commencing on the administratively or judicially established date of disablement after a required waiting period.

A Social Security Disability Income application can be commenced on line, over the phone or in person at a local Social Security office. The vast majority (estimated to be more than 90%) of initial applications are denied as lacking sufficient medical and vocational evidence of disablement.

Applications for SSDI are evaluated at three basic levels.

1. Initial application – a decision is usually rendered within 3 to 6 months of the
   application date.
   
   
2. Request for Reconsideration – This is an appeal from the SSA's denial of the
   Claimant's initial application. A Request for Reconsideration must be filed
   within 60 days of the issuance of the Denial issued by the SSA. During the
   Request for Reconsideration process, a second administrative review is made
   by disability evaluators, particularly focused upon the Claimant's medical
   records and daily functional capacities in light of age, education, employment
   background, ability to live independently and physical and/or mental
   impairments. More than an estimated 75 % of Request for Reconsideration
   appeals continue to be denied.
   
   
3. If the Request for Reconsideration is denied, the Claimant can further appeal
   within 60 days of this denial, requesting a Hearing (brief trial before a
   judge, no jury) before an Administrative Law Judge (ALJ). As the SSA is
   overwhelmed with SSDI applications and appeals, the wait for Hearing can
   be up to 1 to 2 years, although recent changes in the law can lead to quicker
   determinations.

Additional discretionary appeals are possible if the ALJ denies eligibility for SSDI.

How does eligibility for Social Security Disability Income and Workers' Compensation
benefits compare?

Under the Minnesota Workers' Compensation Act, Chapter 176, eligible injured workers may receive Temporary Total Disability (TTD), Temporary Partial Disability
(TPD) or Permanent Total Disability (PTD) benefits.

• Temporary Total: TTD is payable if the injured worker has medical evidence
  that a work-related injury substantially contributes to the inability to work on a
  temporary basis, subject to the defenses that may be argued by an Employer or
  Insurer.
• Temporary Partial: TPD is payable if the injured worker has medical evidence
  that a work-related injury substantially contributes to a reduction in earnings
  when the date of injury Average Weekly Wage is compared to the return to
  work wage, again subject to the defenses that may be argued by an Employer or
  Insurer. This reduction in earnings may be the result of a loss of regular hours,
  loss of overtime hours, or a reduction in the wage rate either due to a light duty
  assignment or because of placement in a new job that pays less. This is especially
  true for dislocated workers.
• Permanent Total: PTD is payable if the injured worker has medical evidence that
  a work-related injury substantially contributes to being unable to return to work in
  any job. Note that under Minnesota law the injured worker must have evidence of
  a permanent injury to one or more work-related injury body parts when combined
  with age and education in order to qualify for PTD.

Can a person receive both Minnesota Workers' Compensation benefits and Social Security Disability Income (SSDI)?

Yes, an injured worker can simultaneously receive SSDI and Workers Compensation benefits, however these benefits are coordinated (offset) by an arithmetic formula to prevent double recovery as required by both state and federal law.

Attorneys who practice in the area of Workers Comp and SSDI claims can counsel clients on the financial incentive versus risks associated with settling a workers compensation claim for a lump sum of money and thereby diminish the offset affects of benefits coordination.

Claimants often do not recognize what medical and vocational evidence is necessary to establish eligibility for SSDI benefits. Telephone the law firm of Krug & Zupke, P. C. at 651.645-7746 to schedule a free consultation on how to apply for SSDI.