Health Care

What Additional Benefits Can An Injured Worker Obtain In North Carolina?

In this article you can discover:

  • Additional benefits outside of workers’ compensation
  • Details on the social security benefits approval process

Many individuals outside the workers’ compensation process will want to explore additional benefits that may be owed.

One of those sources for possible benefits is the Social Security Administration (SSA). Obtaining benefits from the SSA would involve an application for Social Security Disability. The application for Social Security Disability is brought directly to the Social Security Administration and is separate from proceedings for workers’ compensation claims. When an application is filed for Social Security Disability benefits, the Social Security Administration will weigh several factors in deciding to approve or deny the individual for Social Security disability.

The factors the SSA will consider are the individual’s age, education, work history, and existing limitations from working. For the application for Social Security Disability, any limitations that the doctor may be assigned are not confined to the work-related injury. The Social Security Administration can consider any limitations or conditions when deciding to approve or deny someone for Social Security Disability benefits.

An Injured Worker In North Carolina Can Obtain What Types Of Disability Benefits?

There are two types of disability. Title 2 disability benefits are based on what someone has paid to the Social Security Administration via withheld employment taxes throughout their work history. There is also the opportunity to apply for title 16 disability benefits.

However, both Title 2 and Title 16 disability benefits are income-based. Disability benefits offer the opportunity for monetary payments every month if an individual is approved for Social Security Disability. Those benefits could be offset or decreased based on receiving benefits from other sources such as workers’ compensation disability checks. Social Security Disability approval also carries the ability to be approved for Medicare.

Once someone has been approved for Social Security Disability benefits, Medicare is something they become eligible to pay for any ongoing medical treatment or for any conditions that’ll occur within the next 29 months.

Sometimes, disability benefits are denied. For example, Social Security may be terminated if someone returns to work and is earning above the earning limitations set by the Social Security Administration.

Another instance where Social Security Disability benefits may be terminated involves a situation where the individual is no longer determined to be disabled. In essence, the doctor has removed their limitations or made them less severe so that it no longer impacts that individual’s ability to return to work.

The Social Security Administration will also perform reviews for any individuals that have been approved for Social Security Disability. That’s one of the reasons why an individual must continue their treatment on an ongoing basis with the doctor.

Then, if a review occurs, there is supplemental information to provide the Social Security Administration in order to document the entitlement to ongoing Social Security Disability benefits.

Are There Any Disadvantages To Applying Or Being On Social Security Disability?

There are no real disadvantages to filing for or being approved for social security disability benefits. Often with that Social Security Disability, there are filing deadlines. The deadlines are based on when the person has last performed work for an employer. To avoid missing deadlines, the sooner someone can apply, the better.

Suppose someone is approved for Social Security Disability, and the settlement for the workers’ compensation claim is over $25,000. In that case, those terms of the settlement will have to be approved by Medicare, where Medicare will, as part of the terms of the settlement, recommend and require the employer and insurance company to issue a certain amount. These funds should cover future medical treatment to avoid that responsibility being placed on Medicare.

For more information on Additional Benefits For Injured Workers In NC, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (833)444-4127 today.

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