You have Social Security Disability Rights

Your right to federal social security disability benefits are governed by laws established by the United States Congress. Federal agencies and courts evaluate your entitlement to the disability benefits.

Federal social security disability benefits are intended to pay cash benefits to people who are unable to work for a year or more because of a disability. There are two types of social security benefits:

1. Social Security Disability Benefits (SS). 
   To qualify for these benefits, you must have worked and paid social security taxes.
   
2. Supplemental Security Income (SSI) benefits. 
   Supplemental security income benefits are generally lower than social security disability benefits. Unlike social security disability benefits, you may be entitled to supplemental security income benefits even if you have never worked or paid social security taxes. These benefits are based upon financial need. 
   

In some cases you may be entitled to both Social Security Disability and Supplemental Security Income benefits. The benefits are intended to provide a continuing income to an injured worker and their family when they are unable to do so.

More specifically, the law provides that when a worker becomes disabled by having a severe mental or physical impairment which prevents the worker from any type of work and (a) has lasted for at least one year or (b) is expected to last for at least one year or (c) is expected to result in death, he or she may be eligible for social security disability benefits. It is important to understand that Social Security is based upon the inability to work. The system does not provide for partial disability or for short-term disability. The disability benefits continue as long as the disability continues.

There are many factors which will be considered in determining your entitlement to the benefits. The severity of your physical or mental impairments, your age, your education, and your past work may all be considered.

Once your disability benefits are awarded, you will receive a monthly benefit calculated on your earnings while you were working. By contacting your local social security office, you may obtain a Personal Earnings and Benefit Estimate Statement which will give an estimate of your benefits. Other benefits (such as workers' compensation, government pensions, etc. )you have received will be considered in determining your monthly benefit.

In addition to the monetary benefit, you may be entitled to Medicare benefits as well. The benefits will continue as long as you remain disabled. Your disability may be occasionally reviewed to determine if you are still disabled.

You should speak to a lawyer to address any specific questions about your particular California workers compensation or federal social security disability case.

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