The Dennison Law Firm, P.C. in Greenville stands up for the rights of South Carolina residents who are entitled to Workers’ Compensation and Social Security Disability Insurance (SSDI) benefits. My firm gives individuals suffering from serious disabilities the opportunity to support themselves and their loved ones even while they are unable to do their job. If you are in this position and are unsure of your options or are prepared to file a claim, my firm is ready to serve you.
Yes, it is possible to receive SSDI and Workers’ Compensation benefits at the same time. Both programs are designed to provide financial support for people whose medical condition prevents them from performing their job duties. However, the qualifying standards are different, so it is also possible to be eligible for one, and not the other. Someone who suffers a job-related injury or illness is eligible for Workers’ Compensation benefits that provide reimbursement for medical bills and partial wage replacement. These payments can begin after the claimant has missed work for seven days. On the other hand, to collect SSDI, your medical condition does not have to be linked to your work, but must be severe enough so that it is expected to stop you from doing your job for at least 12 months. Accordingly, someone who has enough work credits in the SSDI system and is presumably disabled for at least 12 months due to an injury on the job can receive both types of benefits.
Someone who suffers a job-related injury or illness is eligible for Workers’ Compensation benefits that provide reimbursement for medical bills and partial wage replacement. If the medical condition is expected to keep the claimant out of work for at least 12 months, they might also qualify for SSDI benefits starting in the sixth month after becoming disabled. Under South Carolina law, wage replacement under Workers’ Comp is capped at two-thirds of the claimant’s normal rate of pay. For someone receiving both types of benefits, SSDI payments are capped once the total amount of the wage replacement equals 80 percent of the claimant’s regular wages.
Though your Workers’ Compensation and SSDI claim might arise from the same circumstance, the systems for obtaining each type of benefit are quite different. Retaining an attorney who skillfully represents claimants in both systems strengthens your ability to secure payments and helps you concentrate on your well-being rather than working with multiple law offices. My firm provides effective guidance and advocacy against insurance companies and government agencies. If you are eligible for both benefits, it is imperative that you seek the advice of an attorney before you settle your Workers’ Compensation case or apply for SSDI benefits.
There are many reasons why you might receive a denial when seeking Workers’ Compensation or SSDI payment. Fortunately, you do have options in both systems where you can attempt to change the result. I handle SSDI appeals for clients before Social Security Administration administrative law judges, as well as appeals submitted to the South Carolina Workers’ Compensation Commission.
The Dennison Law Firm, P.C. advises South Carolina clients on issues relating to Workers’ Compensation and Social Security Disability benefits. For a consultation regarding your situation and legal options, please call 864-214-2463 or contact me online. My office is in Greenville.