January 09, 2013
/24-7PressRelease/ -- Some public benefits impact SSDI amounts
Being disabled and unable to earn a living wage can be discouraging. New Jersey residents who are receiving payments from Social Security Disability Insurance rely on these benefits for the necessities of day-to-day life. Anything that might reduce the amount of SSDI benefits is a matter for concern.
Benefits may be affected by other payments
Recipients of SSDI need to be aware that the amount of SSDI benefits they receive could be diminished if they are receiving benefits from another source. People who are receiving Supplemental Security Income can breathe a sigh of relief, as SSI payments are not the kind of benefit that can reduce SSDI. SSI is for those who are blind, disabled or over 65 and who have low income. SSI is financed through the U.S. Treasury general fund, not by Social Security taxes.
SSDI recipients can also be rest assured that any payments from a private source have no impact on their SSDI benefits. That includes money paid from a private pension plan or from insurance benefits. What can reduce SSDI payments are some kinds of public disability benefits.
Benefits that affect SSDI
When a worker suffers a job-related illness or injury, workers' compensation benefits may be payable. These are considered a public benefit. They are paid at a federal or state level, or by employers or their insurers.
Similar benefits can be paid from some public source for illness or injury that is not related to employment. Some local or state retirement benefits programs are based on disability. States may pay temporary disability benefits. Civil service employees could receive some benefits due to disability.
There is a cap on the total amount of payments from public benefits like these, together with SSDI benefits payments. Taken together, the amount can be no more than 80 percent of what the disabled person's average income was before becoming disabled.
Advocacy can help
Obviously there is room for interpretation of what may or may not be a public disability benefit that could reduce SSDI payments, and there could be disagreement about the average income before disability. It is important to get the facts rights. That includes an accurate accounting of all benefits, their amounts and sources.
A New Jersey attorney who specializes in Social Security benefits law can help clarify what will count against SSDI benefits and what will not. The attorney can also be an advocate in dealing with the government to resolve benefits questions, filing forms and participating in appeals and hearings.
Article provided by Law Office of Dennis P. McGlinchy
Visit us at http://www.newjerseyssdattorney.com
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