FAQs Archive - Page 3 of 3 - Duluth Trial Lawyers

Q: I don't want to be "that guy" and sue my employer.

Many workers are hesitant to make a workers’ compensation claim against their employer because they don’t want a bad reputation or to get in trouble. But, workers’ compensation claims are legal safety nets that are required because everyone (the employer, the insurer, and the injured worker) shares the same objective in returning the injured worker to the workforce as soon as possible. The point of the law requiring businesses to have workers’ compensation insurance is to help to achieve that goal. It is illegal for an employer to try to block a claim or retaliate against a worker who makes a claim. All Minnesota and Wisconsin employers are required by law to provide workers’ compensation insurance for their employees. Employers pay for this coverage regardless of whether claims are made or whether those claims are accepted.

Q: What does it mean to be "insured" for SSDI benefits?

[fusion_builder_container type="flex" hundred_percent="no" equal_height_columns="no" hide_on_mobile="small-visibility,medium-visibility,large-visibility" background_position="center center" background_repeat="no-repeat" fade="no" background_parallax="none" parallax_speed="0.3" video_aspect_ratio="16:9" video_loop="yes" video_mute="yes" border_style="solid"][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" background_position="left top" border_style="solid" border_position="all" spacing="yes" background_repeat="no-repeat" margin_top="0px" margin_bottom="0px" animation_speed="0.3" animation_direction="left" hide_on_mobile="small-visibility,medium-visibility,large-visibility" center_content="no" last="true" hover_type="none" min_height="" link="" background_blend_mode="overlay" first="true"][fusion_text] While you are working, your employer is supposed to withhold money from each paycheck that is then paid into the Social Security system on your behalf. That money adds up to give you “quarters of credit” and make you “insured” for SSDI. The SSA can tell you at what point you worked enough to qualify for SSDI. Once you stop working, you stop paying into the Social Security system. After a period of time, your “quarters of credit” run out and you can no longer qualify for SSDI. The date on which your credits run out is your “date last insured.” The SSA can also tell you what that date is. If you become disabled, you have to prove that you became disabled before your date last insured. You can find more information here: https://www.ssa.gov/benefits/retirement/planner/credits.html [/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

Q: Which type of Social Security disability benefit should I apply for?

If you believe you qualify for Social Security disability benefits, then it may make the most sense for you to apply for both SSDI and SSI. You may get denied SSDI if you are not “insured” (see below) or if it’s been too long since you stopped working full time. Even if you get denied SSDI, you may still have an SSI claim. You may be denied SSI if your household has too much in assets/income/resources. There are many rules about how these figures are calculated, so if you do get denied, make sure you understand why. Even if you get denied SSI, you may still have an SSDI claim. Some people have both an SSDI and SSI claim, and the only issue is whether they are disabled. A person can be eligible for BOTH SSDI and SSI if their SSDI rate is low. The SSA usually decides your eligibility for SSDI and/or SSI at the beginning of your claim by determining your “date last insured” for SSDI (and whether you are claiming to have become disabled on or before that date) and your SSI financial eligibility (assets/income/resources in your household). You can get denied one or both of those benefits before the SSA even gets to your medical conditions. You can find more information here: https://www.ssa.gov/redbook/eng/overview-disability.htm

FAQs

I don’t want to be “that guy” and sue my employer.

Talk with our experienced attorney about your rights.

Office location

Overview

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FAQs

I don’t want to be “that guy” and sue my employer.

What does it mean to be “insured” for SSDI benefits?

Which type of Social Security disability benefit should I apply for?

What are the different types of Social Security benefits?

Talk with our experienced attorney about your rights.

Office location

Overview

Contact Info