Hablamos Español
If I’m Getting Workers’ Compensation, Should I Apply for Social Security Disability?
Plan Ahead for When Workers’ Comp Runs Out
You got hurt on the job. Maybe you were working construction in the Bay Area’s booming economy, but now your injury has forced you to stop.
You started receiving workers’ compensation benefits to pay for your medical care and a portion of the wages you’re losing because you can’t work.
With everything you’re dealing with lately, you might not be thinking about applying for Social Security Disability (SSD) benefits, too.
But you should.
Workers’ comp benefits under California rules eventually come to an end.
Social Security Disability benefits, however, are run by the federal government and last as long as your medical condition makes it impossible for you to work.
The trouble is, it takes a long time to get approved for SSD benefits. So you should apply as soon as you’re unable to work because of an injury, or any health problem.
Angelina Valle & Associates has been helping people win disability benefits, including many with workplace injuries, for more than 32 years.
If you’re in Salinas, San Jose and communities all across the Bay Area, we can help you.
3 Reasons You Should Apply for SSD Right Away
When an injury and income loss disrupt your life, it’s hard to think long term. You’re hurting both physically and financially.
You’re hoping your injury won’t last too long. We hope so, too.
But you need to take certain steps now in order to protect and maximize every kind of benefit available to help you over time. When you recover and return to work, you can always withdraw your disability application or cancel your benefits.
But some injuries, such as ones you might experience working construction — like a herniated disk or torn rotator cuff — can permanently lower your ability to perform physically demanding jobs.
If it looks like it will take at least a year for you to get back to work, you could qualify for disability benefits.
Here are 3 reasons to apply for SSD in addition to workers’ comp:
- In California, workers’ comp benefits tend to last 2-3 years and then stop.
- The process for getting Social Security Disability benefits can take 1-2 years.
- Once you get Social Security Disability benefits, you will continue receiving monthly checks on a long-term basis, well after your workers’ comp runs out.
No matter how long it takes for you to win Social Security Disability, you won’t pay any fee for a disability lawyer until you win benefits.
And it doesn’t cost you anything to talk to us so we can evaluate your situation.
If I Get Both Workers’ Comp and Social Security Disability, Will It Lower My Payments?
In California, your workers’ comp benefits will stay the same, even if you’re also receiving Social Security Disability benefits.
Social Security will take into account what you’re receiving from workers’ comp and reduce your disability payments in what’s called an “offset.”
Once your workers’ comp ends, however, your Social Security Disability payments will rise to their full amount.
Because of how long SSD takes to win, sometimes there isn’t much overlap. The SSD kicks in as the workers’ comp is ending anyway.
Remember, even if you no longer need benefits later on, there’s no harm in applying up front.
Why Should I Work With a Disability Lawyer?
If you’re already working with a workers’ comp lawyer, can they help you with Social Security Disability, too?
Maybe, but make sure you have someone with long experience in the Social Security process.
Social Security has its own separate legal system — including its own judges who approve or deny disability benefits.
Many workers’ comp lawyers don’t know this complex system. Many don’t want to deal with it, either.
Social Security Disability involves more than the current status of your workplace injury. It also considers your overall health situation.
That’s why you should work with people who focus on Social Security Disability, like Angelina Valle and her legal team.
If you’ve already been fighting with workers’ comp for a while, for example, you’ve been under a lot of stress.
You may have other health problems — such as high blood pressure or mental health conditions — that could help you qualify for disability benefits but aren’t part of your workers’ comp claim.
Angelina Valle can do all of this for you:
- Gather medical evidence for all of your health problems.
- Document your daily living activities and capabilities for Social Security.
- Fill out the many forms Social Security sends you.
Angelina has made it her life’s work to help people who are struggling. Not only is she a lawyer, she’s also a Licensed Clinical Social Worker.
She wants to see you get benefits — and see you get your life to a more stable place.
Don’t miss out on any benefits you could be receiving to help you survive.