Disability Law: Understanding The Difference Between Your Employer's Disability Benefits And Social Security Disability


People often get the different kinds of disability benefits confused. Some people think they are one and the same and request both from the social security office. These people are surprised to learn there is a massive difference between AD&D (Accident, Death and Dismemberment) disability insurance and Social Security disability benefits. There are instances where you can qualify for both, but you may be denied one or both as well. Knowing the difference between the two and when you should seek help from a Social Security Disability attorney.

Short-Term Disability Benefits From Your Employer

These are benefits you signed up for when you started working for your employer. They cover accidents at work, death benefits to your spouse and surviving dependents, or benefits if you lose one or both eyes and/or a limb. They also provide you with money for a few weeks until you can heal and return to work. If you cannot return to work, then you may have to use vacation pay, sick pay and/or FMLA (Family and Medical Leave Act) time.

Social Security Disability Benefits

These are not just long-term disability benefits, but benefits from the government paid to you after you have been unable to work in any capacity for three months or more. Your disability is expected to last you the rest of your life or result in an early death. You cannot work while you wait for your benefits because it voids your need for the benefits and suggests to the SSA office that you are capable of working. However, if you are denied benefits, you can hire a lawyer to defend you and make appeals for your case.

The Differences Between These Two Types of Disability Coverage

One is paid for jointly by you and your employer; the other you pay to the government for retirement or disability benefits throughout your lifetime. The former only covers you for a few weeks to a couple of months, unless you lose an eye or a limb, while the latter covers you for the rest of your life, or until you are able-bodied enough that you want to try working again. With the employer-sponsored benefits, you only have to wait a few weeks for a response to your claim. With SSA, you may have to wait up to six months before you see the first deposits appear, or get an acceptance letter from the Social Security office.

When to Sue and Pursue Your Case

Your disability insurance from your employer should be accepted and paid according to your contract. If it is denied but you clearly are injured and cannot work, a worker's compensation attorney is better suited to handle your case than a Social Security disability lawyer. When you have filed for SSA benefits and have been denied at least twice, then it is time to hire a Social Security attorney, like those at Cohen & Siegel LLP.


18 April 2015

Starting the Healing Process

When I was a child, my father was the pastor of a small evangelical church in my hometown. I always enjoyed going to church in order to play with my friends. One of these friends suffered a horrific accident at a local gas station one day. As he was walking towards the entrance to the gas station, he was struck by a vehicle. His leg was seriously injured during the accident. To help with the expenses of recovery, his father hired an accident and personal injury attorney. This professional helped my friend’s father sue the person who struck his son. On this blog, you will discover the advantages of hiring an accident and personal injury attorney after incurring injuries from a devastating accident.