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:
- Social Security Disability
To qualify for these benefits, you must have worked and
paid social security taxes.
- Supplemental Security Income (SSI)
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
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
You should speak to a lawyer to
address any specific questions about your particular
California workers compensation or federal social security
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