Social Security Disability


What’s the Difference Between Workers’ Comp and Social Security Disability?

by Staff Blogger | March 17th, 2021

Your job is your livelihood. When an injury or illness makes it difficult or impossible for you to work, you need a way to replace your lost paychecks. Thankfully, there are two primary ways that people in California can get replacement income when they’re unable to work: workers’ compensation and Social Security Disability (SSD). Because both are designed to give you money when you’re not capable of earning paychecks, it’s easy to get them confused. At Berg Injury Lawyers, we help people who suffer disabling injuries and illnesses get the compensation they need to replace lost pay checks when they can no longer work. That means helping them get SSD benefits. Each injured worker’s case is unique, and some people’s injuries or illnesses mean they may be eligible for only one type of benefit. Others may be eligible for both. Our California SSD lawyers have years of experience building claims for disabled workers. That includes appeals when applications are denied.

Get the Facts on Workers’ Comp vs SSD Benefits

Laws related to workers’ compensation benefits and SSD benefits are completely different. They also have vastly different application requirements. Knowing the differences between these two types of compensation is important for anyone who can’t work and needs a way to replace their lost paychecks. To learn more, check out the infographic below.

Understanding Workers’ Compensation Benefits

 Workers’ compensation is a state-based, no-fault program that protects employees beginning on their first day on the job. It typically provides workers with two-thirds of their income and covers workplace injury- and illness-related medical expenses. It also shields employers from lawsuits filed by employees. Here are a few key facts to note about workers’ compensation benefits:
  • They’re paid to injured workers by their employer’s workers’ comp insurance policies.
  • They’re overseen by each state’s Workers’ Compensation Board.
  • They’re awarded for job-related injuries, illnesses, and disabilities.
  • They’re designed to cover medical expenses, lost wages, and vocational rehabilitation.
  • They’re based on your earnings in the past three months.
Let’s now turn our attention to SSD benefits and how they differ from workers’ compensation benefits.

Understanding Social Security Disability Benefits

Unlike workers’ compensation benefits, SSD is built to cover long-term, debilitating injuries. It can cover injuries and illnesses unrelated to work. It’s also a national program, unlike the state-based workers’ compensation. Here are some of the most important things to understand about SSD:
  • SSD is paid by the federal government, instead of the state, and is overseen by the Social Security Administration.
  • SSD benefits are awarded for non-work-related injuries, illnesses, and disabilities that prevent a person from working.
  • SSD is designed to cover the injured person’s living expenses.
  • SSD benefits are based on how much you’ve earned over your lifetime.
As you can see, there are big differences between these two programs. Deciding which one applies to your situation and getting approved to receive that particular benefit can be difficult, but our team can help you determine which path is right for you and assist with your application.

Can You Apply for Workers’ Comp AND SSD?

Yes, you can apply for both. It can take months to be approved for SSD, but workers typically start receiving workers’ compensation benefits soon after their injuries. This means you can receive workers’ compensation while your SSD application is being processed and reviewed. Things get more complicated when it comes to simultaneously receiving workers’ comp and SSD benefits, so it’s worth talking to an experienced attorney about your situation before you move forward with your applications.

We’ll Review All Your Options and Help You Make the Right Decision

In addition to workers’ compensation benefits and SSD benefits, California residents also may apply for the state’s own disability benefits. However, a recipient can’t receive them at the same time as workers’ compensation benefits. It’s also important to note that both state disability benefits and workers’ compensation benefits are designed to be temporary; SSD benefits are designed to be more of a long-term income replacement. In fact, some SSD benefits recipients receive checks for the rest of their lives, or until they transfer to Social Security retirement benefits. Because of the complexities involved with all three types of benefits, it’s essential to have an experienced law firm on your side that is looking out for your best interests when applying for the benefits you need.

Trust Our Experience and Track Record of Success

Both workers’ compensation benefits and SSD benefits are notoriously difficult to get and retain. Both the Social Security Administration and the California Division of Workers’ Compensation have strict criteria for approving claims from injured workers. And when they deny initial applications, successfully appealing their decisions is often an uphill battle. Our team has years of experience and a thorough understanding of how state and federal bodies process claims and appeals. When you contact us, we’ll review the facts of your injury. We’ll then determine how it affects your ability to work and the best course of action for you. Contact our California SSD attorneys today for a free consultation. This blog was originally published in February 2020. It was updated in March 2021.

Let Us Help You Get the SSD Benefits You Earned

by Staff Blogger | December 23rd, 2019

The Social Security Administration (SSA) takes a percentage of every paycheck earned by workers in the U.S. That money is later paid back to workers in the form of Social Security retirement benefits. However, some people need that money sooner rather than later, especially if they suffer a serious injury or illness before retirement age that prevents them from working. Social Security Disability (SSD) benefits are designed to replace lost income for people whose health prevents them from earning normal paychecks. But even when workers have paid into the SSA’s system for years and years, the SSA doesn’t always approve people’s SSD claims. While it’s true that some people try to scam the SSA and get benefits when they’re perfectly healthy, many otherwise valid claims are unfairly denied. At Berg Injury Lawyers, we believe that anyone suffering from an injury or illness that interferes with their livelihood deserves access to the money they’ve paid into the Social Security system. It’s our goal to help applicants get their claims approved, whether they’re filing for the first time or appealing the SSA’s decision. Our California Social Security Disability lawyers know what the SSA looks for when approving or denying claims, and use that knowledge to our clients’ advantage. It’s important to have an experienced law firm on your side when it comes to applying to collect the SSD benefits you’ve earned over the course of your career. There are many pitfalls that can result in claims being denied, and we can help you avoid them. Contact us today for a free consultation.

Why Are SSD Benefits Claims Denied?

by Staff Blogger | October 29th, 2018

Social Security benefits aren’t just for retirees. They’re also designed to protect people who are injured or develop illnesses that prevent them from going back to work. The Social Security Administration (SSA) is in charge of overseeing the benefits system and determining who gets monthly paychecks, but the criteria for approving claims is strict. That means people with serious illnesses and injuries often fall through the cracks and are unable to get the benefits they deserve. At Berg Injury Lawyers, our California Social Security Disability lawyers know this fact all too well. We’ve helped many people who are unable to go back to work due to health conditions apply for benefits or appeal the SSA’s decisions on their claims. In addition to having a law firm on your side that knows the ins and outs of SSD benefits claims, it’s also important to know why claims are often denied:
  • Incomplete, inaccurate, or missing paperwork—The SSA wants thorough documentation of everything related to your illness or injury. If anything is missing, not completely filled out, or contains incorrect information, your claim may be denied.
  • Lack of evidence concerning your illness or injury—Going to the doctor and following up with medical appointments is essential for SSD benefits eligibility. If you fail to do so, the SSA may not believe your health problems are serious enough to warrant awarding you the money you deserve.
We don’t think you should have to worry about mistakes costing you a chance to get money. Call us today for a free consultation, and let us get to work for you.

Why Do You Need a Lawyer to Help with Your SSD Benefits Claim?

by Staff Blogger | July 30th, 2018

When you’re unable to go back to work, you’re supposed to be eligible to get compensation via the Social Security Disability (SSD) benefits program. But the Social Security Administration (SSA) makes it difficult for injured workers to get the money they deserve—and if you’re unfamiliar with the filing process, having a lawyer on your side can be extremely beneficial. The burden of proof for injured workers is heavy when they’re applying for SSD benefits. And in some cases, proving you were hurt at work and can’t return to your job isn’t enough. Even minor mistakes are known to jeopardize otherwise strong claims, leaving injured workers and their families scrambling to keep their heads above water. At Berg Injury Lawyers, our California Social Security Disability lawyers want to maximize your chances of getting the money you deserve by taking the following steps:
  • We’ll present evidence that supports your claim. The SSA is skeptical of most claims by default. Saying that you were hurt at work—even if your employer agrees—isn’t enough to get your claim approved. We’ll collect evidence that proves the on-the-job accident occurred and that the injuries you suffered are severe enough to keep you out of work for the foreseeable future.
  • We’ll make sure your claim is error-free and submitted on time. The SSA wants benefits claims to be complete, accurate, and submitted on time. But when you’re injured, it can be difficult to comply with those strict requirements. Let us handle the paperwork on your behalf. We know the SSA’s system, and we know what it takes to file a successful claim.
Don’t risk not getting the benefits you earned during your career. Call us today for a free consultation.

We Want to Help With Your SSD Benefits Claim

by Staff Blogger | January 29th, 2018

Social Security Disability (SSD) benefits are a government funded program for workers who get hurt or develop illnesses that prevent them from returning to their jobs for long periods of time. And while SSD benefits can be life-changing for approved workers and their families, countless people see their claims denied every year. The Social Security Administration (SSA) has strict criteria and guidelines for applicants, and many people who otherwise meet those requirements slip through the cracks due to errors, incomplete information, or missed deadlines on their applications and their appeals. At Berg Injury Lawyers, our California Social Security Disability lawyers know how the process works. We have years of experience helping clients maximize their chances of success, whether they’re applying for benefits for the first time or appealing the SSA’s decision. When you choose us to help with your social security disability claim, it’s our goal to:
  • Make sure your application or appeal is complete, accurate, and submitted on time – It can be difficult to keep track of all the SSA’s requirements when you’re trying to get better. Let us handle the fine print and small details while you spend time with your family.
  • Guide you through the appeals process – If your application is denied and you may deserve benefits, an experienced SSD attorney can help file a strong appeal on your behalf and guide you every step of the way.
Don’t leave your family’s future up to chance. Call us today for a free consultation, and let us put our experience to work for you.

A Better Way to Seek SSD Benefits

by Staff Blogger | July 3rd, 2017

Social Security Disability(SSD) benefits are difficult to secure. In our experience, it’s not simply about whether or not you are disabled and qualify for benefits but a lack of understanding of the application process and how the system works. Too qualify for benefits, you must prove that you are unable to work. Getting that level of proof on your own can be extremely difficult, which is one of the reasons why more than two-thirds of all initial applications are denied. There’s a better way to work toward getting benefits. Call an experienced Social Security Disability attorney to handle your application from start to finish. A good portion of our SSD clients came to us after they were denied benefits, but we’d love to speak with you before you make your initial application. We know how the Social Security Disability system works, and we can help you put together the strongest application you can. Wouldn’t you rather get benefits the first time around? Call us today for a free consultation, whether or not you’ve been denied already. We’ll review your application at no cost or obligation, and do everything within our power to make sure you start getting your disability checks as soon as possible. Contact us today.

Losing the Ability to Work

by Staff Blogger | June 5th, 2017

The ability to get up on a Monday morning and go to a job that pays the bills is a privilege. We take that privilege for granted while thousands of Americans struggle with injuries or illnesses that have robbed them of that ability. As a result, they must turn to government programs such as Social Security Disability for financial assistance. Unfortunately, more than two-thirds of all initial applications are denied, leaving folks with disabilities in our own communities wondering how they’ll make ends meet. If you or someone you love has been denied Social Security Disability benefits, don’t give up. There is still a good chance you can secure benefits through an appeal. However, you can’t win an appeal the same way you applied for benefits in the first place. You need a new strategy that will give you the best chance of being approved. An experienced California Social Security Disability attorney can help you develop that strategy. We know the system and how to get you the benefits you deserve. Contact us today for a free, no obligation consultation. We’ll review your application for free and fight on your behalf for the benefits you and your family will need going forward. You may be closer to benefits than you think, so call us today.

Win the Battle for Securing SSD Benefits

by Staff Blogger | April 17th, 2017

Disabled folks in San Francisco face an uphill battle to get Social Security Disability benefits. We wish it were different, but the sad reality is more than two-thirds of all initial applications are denied, leaving thousands of people every year wondering how they’re going to make ends meet. If they could, they would work for a regular paycheck, but unfortunately, their disability keeps them from doing even the most basic of jobs. SSD benefits are their last and only hope. If that sounds like your situation, we understand just how scary a situation you find yourself in. Social Security was supposed to be your lifeline, but now it has turned into a bureaucratic nightmare that you can’t seem to find your way out of. The problem is two-fold: the complexity of the application process and the burden of proof placed on you. The first you already know well if you’ve been denied. The second you may not be familiar with, and it could be why you’re not getting benefits right now. To qualify for Social Security Disability benefits, you must prove that you can’t do any type of work, not just the work you’ve done your entire career. That can be extremely difficult on your own. That’s why you should call the Social Security Disability lawyers at Berg Injury Lawyers right now. We know the system and how to prove your disability qualifies for benefits. Give us a call today for a free consultation. We’ll evaluate your application at no cost and work to get you the benefits you deserve. Contact us right now to get started.

The Difference Between Getting By and Losing Everything

by Staff Blogger | November 14th, 2016

Social Security Disability (SSD) exists to help disabled Americans who can no longer work make ends meet. No one has ever gotten rich from receiving SSD benefits, though they can be the difference between getting by and losing everything. Still, thousands of disabled Americans each year are denied those benefits, leaving them in a serious financial dilemma. In fact, two-thirds of all initial SSD applications are denied outright. That’s why it’s so important that you get an experienced Social Security Disability lawyer on your side to handle your appeal. At Berg Injury Lawyers, we’ve been helping disabled Americans get the disability benefits they deserve for years, and we’re ready to help you too. That’s money you need for medical treatment, living expenses, and more. The only way to secure that money is to put forth a compelling argument for why you deserve benefits, and that’s exactly what we do. If you’ve been denied Social Security Disability benefits, give our experienced San Francisco SSD attorneys a call today for a free consultation. We’ll review your application and set a clear course to securing benefits with your appeal. Don’t let your appeal end up denied as well. Contact us today.

The Right Next Move After Becoming Disabled

by Staff Blogger | September 19th, 2016

We all have dreams and aspirations for our lives. For many of us, those aspirations directly relate to the careers we choose. We want to be successful and advance up the ladder, but most of all, we want to simply provide for our families. That’s all taken away when a debilitating injury leaves you disabled and unable to work. If that’s happened to you, your best course of action is to file for Social Security Disability benefits, but don’t expect to get them on your own. The sad reality is that more than two-thirds of all initial Social Security Disability applications are denied, leaving applicants and their families wondering how they’re going to make ends meet. Often the problem lies within the Social Security Administration’s definition of disabled. To receive benefits, you must prove that you are unable to do any type of work due to your disability. Proving that on your own, without the help of an experienced attorney, can be extremely difficult. That’s why if you’ve been denied disability benefits, you should call our San Francisco Social Security Disability lawyers today for a free consultation. We’ll do a detailed analysis of your application to determine the best appeal strategy to get you the benefits you deserve. Those benefits are too important to your family for you to try and go it alone. Call us today.