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What You Don't Know About Social Security Disability Insurance and Workers' Compensation

What You Don't Know About Social Security Disability Insurance and Workers' Compensation

What You Don't Know About Social Security Disability Insurance and Workers' Compensation


Workers' compensation and Social Security Disability Insurance (SSDI) are two government programs that provide monetary benefits to people who are injured at work or who are disabled and cannot work, respectively. If you have always been the "breadwinner" in the family and now find yourself unable to work, you are probably worried that the bills are not going to get paid.

While these government programs do provide benefits to millions of Americans each year, the paperwork and other requirements necessary to qualify are often very confusing to the layperson. For this reason, it is imperative to hire an experienced workers' compensation or SSDI lawyer to help you through the difficult process of filing for benefits. There are so many intricacies to the process that most people simply don't know about.

SSDI

Most people who file for SSDI the first time get turned down. In fact, almost two-thirds of all applicants are denied initially. Applications are denied for many reasons, including missing information, lack of proof of disability, questionable medical information, missed deadlines, supplemental income, and other factors.

However, there are opportunities to have the denial reversed on appeal. An experienced SSDI lawyer will be able to explain to you the various options to have the decision reversed through appeal. Some opportunities for appeal include:

The claim can be "reconsidered" and reviewed by a different SSDI representative

If reconsideration is denied, you can request a hearing before a judge who has the power to overturn the denial

If the judge does not overturn the denial, you can request a review by the Social Security Administration Appeals Council

If the Appeals Council does not approve your disability benefits, you can file an appeal with the U. S. Federal District Court

It is virtually impossible to have a denial of benefits reversed without the assistance of an SSDI lawyer, however.

Workers' Compensation

Most people don't know the ins and outs of workers' compensation law, either, for obvious reasons. When you are employed, you probably don't think about being injured on the job and what would happen if you were no longer able to work. But workers' compensation lawyers know about the laws in your state and will work for you to ensure you get the maximum amount of benefits allowable. The paperwork necessary to file for workers' compensation benefits is quite daunting, but with the assistance of a workers' compensation lawyer, you can start receiving benefits in no time.

What you may not realize about workers' compensation is that you can sue a third party even if you have already started collecting benefits. Some people erroneously believe that if you accept money from workers' comp, then you cannot sue. That is only partly true.

While you may not be able to sue your employer, you may be able to sue a third party. For example, if you were injured at work using a piece of heavy machinery that malfunctioned, you may be able to sue the manufacturer of the machine. If you lost a hand or arm because there was a defect in the manufacture's product, then you will most certainly be entitled to benefits under product liability law.

Again, only an experienced workers' compensation attorney will be able to determine if you can proceed with a personal injury claim in addition to collecting workers' compensation benefits.
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What You Don't Know About Social Security Disability Insurance and Workers' Compensation