Social Security Disability is a monthly benefit for individuals who are unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. 42 U.S.C. 423 (d) (1) (A).
The amount depends on the money you have paid into the system. You must have been insured for 20 out of 40 quarters. (you have worked for at least 5 out of the last 10 years)
Pennsylvania Workers Comp is a benefit (reasonable, necessary and related medical bills, and 2/3 wage loss) for the inability to perform one’s pre-injury job. Work Comp is paid by the employer’s work comp carrier or if they are self-insured, then by the employer itself. In Social Security Disability, (paid by our Federal Gov’t) the question is broader and focuses on whether a person can work at all. In Pennsylvania Workers Comp, a person can be deemed partially disabled if they have an earning power, but one that is less than pre-injury. In the Social Security Disability arena, the issue is whether the person is totally disabled from “substantial gainful activity”.
Can a person who is receiving Pennsylvania workers comp benefits, still apply for Social Security Disability benefits? Yes. In some cases, however, it is wise to wait until the Pennsylvania Workers Comp case is settled or over, before applying for SSD because complex Medicare issues can arise.
Your SSD monthly amount will be reduced depending on the amount of workers comp you may be receiving.
SSI is for those who are disabled and poor- the max benefit is $637 per month. Generally speaking, if one qualifies for welfare, then one should qualify for SSI.
This is a just a very simple and broad outline of SSD and PA Work Comp. For more information about the interplay between SSD and PA Workers Comp, call Michael W. Cardamone at 215.206.9068 or email Michael@cardamonelaw.com
