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Many issues surrounding your Social Security Disability Insurance (SSDI) benefits arise when one injury leads to another. If this happens, you may have concerns about whether you can still get benefits. If you already receive benefits, you might wonder whether you need to reapply with a new injury.

You might also receive compensation for your second injury. You may not know whether to report this compensation to the Social Security Administration (SSA) or how it may affect your SSDI benefits.

With these factors in mind, here is some information about what can happen if you suffer a second injury after an original work injury.

Eligibility for Social Security Benefits

To receive SSDI benefits, you must meet certain qualifications. You must:

• Work long enough and recently enough to have paid into the Social Security system
• Have an illness or injury expected to last at least a year or lead to your death
• Suffer a resulting impairment that prevents you from continuing to work or training for new work

SSA does not restrict benefits to those who suffered a work injury. Any long-term disability that prevents you from working or training will qualify. 

For example, cancer can lead you to become eligible for SSDI benefits, regardless of the cause of your illness.

How to Handle a Second Injury After an Original Injury

Frequently, one injury will cause another. For example, weakness in your legs from spinal stenosis could cause you to fall and suffer a traumatic brain injury. Your chemotherapy treatment could cause peripheral neuropathy.

How you handle the second injury depends on whether you already receive SSDI benefits or become eligible for SSDI benefits based on the second injury.

If You Already Receive SSDI Benefits

If you already get SSDI when you sustain the second injury, your benefits will not change. Your first injury already qualified as a disabling condition and sustaining a second injury will not change that fact.

SSA requires you to report all changes in your medical condition. You should report the second injury to:

• Satisfy your reporting requirement
• Create a record of the second injury in case it worsens
• Preserve the possibility of extending your SSDI benefits

The last point is important. Suppose that your second injury provides an independent ground for meeting the SSDI eligibility requirements. If your original injury improves, you can continue to receive SSDI benefits until the second injury also improves.

You could go even further than simply reporting your second injury. SSA allows you to reapply for SSDI benefits while you are currently receiving SSDI.

If your second injury qualifies as disabling, you should consider reapplying. SSA can reapprove your SSDI benefits for both your original condition and your new condition. That way, if the first condition improves, you continue to qualify for SSDI with the later condition.

If You Do Not Yet Receive SSDI Benefits

If you were not receiving SSDI benefits when you sustained your second injury, you might qualify as a result of your second injury. When an applicant suffers from multiple disabilities, SSA evaluates them based on the cumulative effect of all of the impairments they face.

This means that you could receive SSDI benefits with two injuries if:

• The original injury qualifies and the second does not
• The second injury qualifies and the original does not
• Both injuries qualify independently
• The cumulative effect of the two injuries leads to eligibility

The only way you would not receive benefits is if the original injury, second injury, and cumulative effect all fail to qualify. You should speak to a lawyer about applying for SSDI benefits after sustaining a second injury for this very reason.

How SSA Will View Compensation for Your Injuries

SSA can reduce your SSDI benefits when you sustain a second injury and receive compensation for it.

Suppose that you sustained the second injury at work and received workers’ compensation for it. SSA cannot pay benefits if the total compensation you receive exceeds 80% of your average earnings. 

If your workers’ comp plus your SSDI exceeds this limit, SSA will cut your SSDI payments.

However, some compensation does not count toward your limit. If you received a personal injury settlement for your second injury, your SSDI benefits will continue unchanged.

Getting Help from a Disability Attorney

A second injury can raise some complicated issues surrounding your SSDI benefits. To discuss how your second injury might affect your eligibility or the amount you receive, contact an experienced disability attorney at Roeschke Law, LLC to schedule a consultation.

Have you been notified by the Social Security Administration (SSA) that you need to appeal for a consultative examination (CE)? You may be excited that your disability application appears to be moving forward, but may also be anxious about the CE and what it might mean. You see, a CE is most often required by the SSA when an application for disability benefits lacks sufficient medical evidence to determine whether a qualifying disability exists. Regardless, however, it is in your best interest to prepare for an attend the CE so that your disability benefits claim has a better chance at being successful.

What Is a Consultative Examination for Social Security?

Disability Determination Service (DDS) is the agency tasked by the SSA to assist with rendering disability determinations. It is, in fact, DDS that will make the request for you to attend a CE or to take additional tests if it finds medical records supporting your disability to be lacking or if the medical evidence provided is deemed to be out of date.

The SSA will pay for a CE and it is often performed by an applicant’s treating physician. Should your physician lack the requisite skills and equipment to complete the CE, then DDS will make arrangements for the CE to be performed by another CE. DDS also commonly has a physician other than an applicant’s treating physician perform a CE when that treating physician has provided unclear or confusing reports or has given DDS some other reason to be distrustful of the physician. In all cases, a CE must be performed by a licensed physician or a medical professional being supervised by a licensed physician.

Over the course of a CE, the physician or examiner will ask you questions about your medical history and current complaints. A physical examination will also be conducted. Any specific tests requested by DDS will also be performed. The report generated as a result of the CE will contain details regarding your medical history as well as your treatment history and lab findings. The report will also note the results of the CE physical examination and an estimation regarding your ability to engage in work-related functions. No treatment recommendations will be rendered as a result of the CE as it is only an assessment.

If you are applying for disability benefits based on a mental impairment, which can include conditions such as depression and anxiety, SSA may order a mental status examination (MSE) instead of a CE. An SSE is a psychiatric or psychological consultative exam. The MSE itself will include an intelligence test, such as an IQ test and may also include other neuropsychological tests. The psychiatrist or psychologist performing the MSE will also test your ability to concentrate and follow directions as well as your memory and judgment.

Disability Attorney

If you are trying to navigate the Social Security disability application process, it can feel like  a number of requests such as a request for a CE or MSE crop up along the way. The dedicated team at Roeschke Law is here to help you during what can be a stressful and overwhelming time. Contact us today.

If you or a loved one suffers from a mental or physical disability that prevents engaging in consistent gainful work, then you have likely been exploring your options for government benefit support. The Social Security disability insurance (SSDI) program is available to individuals who can no longer work because of a physical or mental disability and have paid taxes into the Social Security system for a minimum number of years. Upon approval, a benefit recipient will receive monthly SSDI payments which are based on their earning records.

What Is the Income Limit for SSDI?

In order to be eligible for SSDI benefits, you must fall below a certain income level. What income, however, is included for purposes of calculating SSDI benefit eligibility? Well, it may be better to start with what is not included in this calculation. You see, the SSDI program does not limit the amount of assets or unearned income an applicant or benefit recipient may have. This differs from the Supplemental Security Income (SSI) program which is geared specifically towards disabled individuals with low income and financial resource availability.

Unearned income refers to a variety of income sources. For instance, unearned income includes income generated from investments, a spouse’s income, and interest accrual. You can also hold an unlimited amount of assets and still qualify for SSDI benefits.

While there may not be a limit on the amount of assets or unearned income an SSDI applicant or benefit recipient may receive, there is a limit on the amount of earned income generated by such a person. This is due to the fact that a person who earns a substantial income is not considered disabled for Social Security disability benefits purposes. Substantial income results from what the SSA refers to as “substantial gainful activity” (SGA). If a person earns over a certain amount, then he or she is said to be engaging in SGA and will not qualify for Social Security disability benefits. In 2021, the SGA limit is set at $1,310 for disabled SSDI applicants and $2,190 for blind applicants. The SGA limit is based on the national average wage index. 

While the SGA limit is intended to help ensure that only truly disabled individuals are receiving these benefits, it is not intended to discourage a benefit recipient from trying to go back to work and transition out of the need for receiving SSDI benefits. The SSA does not want the fear of hitting income limits to deter benefit recipients from trying out a return to work. This is why the trial work period was established. For those benefit recipients who want to try out a return to the workplace, but do not want to jeopardize the receipt of benefits should things not work out, the trial work period acts as a safety net for such a situation.

When in the trial work period, which extends nine months out of a 60 month period and does not necessarily have to be consecutive, an SSDI recipient can try to go back to work without jeopardizing disability benefits. For 2021, any month that an SSDI recipient earns over $940, it will be considered a trial work month. When an SSDI recipient reaches nine months of earning over $940 during the trial work period, then the SSA begins reevaluating the person’s work to determine if it reaches the SGA limit. If it does reach the SGA limit, then SSDI benefits will be paid out for a grace period of three months and then terminated.

Disability Attorney

The specifics of SSDI qualification can be difficult to unravel. That is why the trusted team of disability attorneys at Roeschke Law is here to help you. Contact us today.

Having a spouse pass away can leave a void you may feel deeper than you could have even imagined. On top of the emotional impact of losing a spouse, there can be some tough financial realities to confront. The loss of a spouse can also come with a loss of critical financial support provided by that spouse. Surviving husbands and wives may be left wondering how to make ends meet. Fortunately, for those surviving spouses of deceased disabled workers, there may be survivor disability benefits available

Can a Widow or Widower Receive Disability Benefits?

Yes, a widow or widower may be able to receive survivor Social Security benefits, both disability benefit and retirement benefits. Here, we will focus on the survivor disability benefits. Eligibility for such benefits will depend on a number of factors, including the benefit being sought. Furthermore, the spouse must have been married to each other for a minimum of one year in order to qualify. 

First, there is the Mother’s or Father’s Benefit which may be available to the surviving spouse. If the deceased spouse was eligible for disability benefits, then the surviving spouse of the deceased worker may be able to get a monthly benefit check if he or she is charged with caring for at least one child of the deceased spouse who is under the age of 16 or who is disabled. If the disabled child is over the age of 22, then the disability must have arisen prior to the age of 22. Generally speaking, the deceased spouse must have worked a minimum of 10 years out of the past 20 years in order to be eligible for disability benefits. There is, however, a special rule which provides that if a deceased spouse worked for at least one and a half years in the three years preceding death, then the Mother’s or Father’s benefit will be paid out. This benefit ceases when the child turns 16 or is no longer disabled.

There is also the Widow’s or Widower’s Benefit which may be available to the surviving spouse. If the surviving spouse was married to the deceased disabled spouse for a minimum of one year prior to death and the deceased spouse was either receiving or entitled to receive SSDI at the time of death, then the surviving spouse can get this benefit if the surviving spouse is either disabled and between 50 and 60 years of age or the surviving spouse is 60 years or older. If the surviving spouse is between 50 and 60 and disabled, the disability must have arisen within 7 years of the deceased spouse’s death. It may be important to note that this benefit will end if the surviving spouse remarries. Alternately, the benefit will end if the surviving spouse becomes eligible to receive notably higher Social Security benefits on his or her own record.

Last, but not least, the surviving spouse may be entitled to a lump sum death benefit. The surviving spouse must have been living in the same household as the deceased, disabled spouse. If the deceased spouse was entitled to Social Security benefits at his or her time of death, then the surviving spouse will receive one lump sum death benefit that can total upwards of several hundred dollars.

Disability Attorney

Have you lost a spouse who was receiving disability benefits you came to financially depend on? Do not hesitate to reach out to Roeschke Law and find out what survivor benefits may be available to you. Contact us today.

Navigating the Social Security disability benefits application process is no easy feat. The requirements are specific and detailed. Many, if not most, applicants get initially denied and thus have to go on to maneuver the appeals process. Once you have been granted disability benefits, you will likely feel much-needed relief. While Social Security disability benefits can provide critical financial support to those in need, there are other consequences, such as tax consequences, that benefits recipients should be aware of. We will discuss more on that here.

Are Social Security Disability Benefits Taxable?

In some cases, Social Security disability benefits are taxable. This depends, however, on the type of disability benefits you receive. It also depends on your overall level of income. You see, there are two benefit programs that the Social Security Administration runs for individuals with disabilities. The two programs are Social Security Disability Insurance (SSDI) and Supplemental Security Income).

SSI is financial assistance for disabled and other qualifying individuals who have low incomes and limited financial resources. The money comes from the U.S. Treasury as opposed to Social Security taxes, even though the Social Security Administration runs the program. SSI benefits are not subject to income tax.

On the other hand, however, you have SSDI. SSDI is taxable under certain circumstances. This hinges almost exclusively on your level of income. Whether or not you will pay tax on SSDI benefits is based on, as the Internal Revenue Service refers to it, your “provisional income.” Your provisional income is calculated using the sum of your adjusted gross income, your tax-exempt interest income, and half of the amount you get in Social Security benefits for a particular year. If these numbers add up to less than $25,000 per individual taxpayer or less than $32,000 for a married couple filing jointly, there will be no tax consequences for receiving SSDI benefits that year. 

For those individuals with provisional incomes at $25,000 or more or for married couples filing jointly with provisional incomes at $32,000 or more, there will be tax liability for SSDI benefits and the amount will range on a sliding scale based on your provision income. For individuals with provisional incomes ranging from $25,000 to $34,000 and couples with provisional incomes of $32,000 to $44,000, up to 50% of your SSDI benefits will be subject to taxation. Alternatively, for those individuals with provisional incomes at over $34,000, 50% to 85% of your SSDI benefits will be subject to taxation.

In reality, the majority of SSDI benefit recipients do not face tax consequences for receiving these benefits. This is due to the fact that most benefit recipients are out of work due to their disabling condition. In fact, the Social Security Administration reports that only approximately one-third of disability benefit recipients end up paying taxes on those benefits, usually due to the income generated by a household member such as a spouse. 

Disability Attorney

Do you have disability benefits questions? Roeschke Law has the answers you are looking for. Contact us today.