WORKERS' COMPENSATION - SOCIAL SECURITY DISABILITY - MEDICAL MALPRACTICE - PERSONAL INJURY - PERS

Archive for March, 2016

Social Security Insurance versus Workers Compensation

Ohio Workers’ Compensation (OWC) is a state government program, while Social Security Disability Insurance (SSDI) is administered by the federal government. Workers’ comp principally provides short-term benefits and one-time payments. SSDI benefits can often be received for a lifetime.

The greatest similarities between the disability benefit programs involve the need to submit strong medical evidence when applying, the wisdom of planning to appeal an initial denial, and the advisability of working with a Cleveland disability attorney while seeking workers’ compensation or Social Security disability payments.

To help you understand a little more about how Ohio Workers’ Compensation differs from, and resembles, SSDI, Agee Clymer Mitchell and Portman has put together the following side-by-side comparison.

 

Ohio Workers’ Compensation SSDI
Who’s Eligible ·  Primarily full-time Ohio residents whose employers that make payments to the state’s disability fund ·  Adult U.S. citizens who have paid Social Security taxes from paychecks
·  Self-employed Ohioans who pay into the state workers’ comp system out of their own pockets ·  Children who are U.S. citizens
·  Permanent legal U.S. residents who meet other strict criteria
Minimum Qualifications for Benefits ·  Hurt or made ill while performing job-related activities ·  Blind
·  Unable to work due to the injury or sickness for several months ·  Suffering a disabling mental or physical condition for a year or longer
·  Suffering a disease likely to prove fatal within a year
Purpose of Program Wage replacement until returning to work or a determination of complete disability Financial support for minimum activities of daily life, such as paying rent and buying food
Statute of Limitations on Claims Generally, two years after the workplace accident occurred or the industrial illness developed No deadlines, but potential SSDI recipient must be alive when payments are authorized
Duration of Benefits Varies, with ongoing payments subject to review of recipient’s health and ability to work for pay Usually for life, though case reviewers can request proof of recipient’s persistent disability
How Benefits Are Paid ·  Generally, checks sent every two weeks in amounts up to 2/3 of what the recipient earned before getting injured or sick ·  For adults, monthly checks based on average monthly pay subject to Social Security taxes (max. of around $2,000/month in 2016 )
·  Caps may apply ·  Payments may be lowered for recipients of other disability benefits
·  One-time lump-sum payments available for specific on-the-job injuries like amputations and blindings ·  Need-based Supplemental Security Income (SSI) possible in addition to SSDI
Minimum Evidence Needed for Claim ·  Diagnosis from certified medical professional ·  Diagnosis from certified medical professional
·  Assessment from doctor and employment specialist named by OWC ·  Assessment of ability to perform everyday tasks like dress and feed oneself
·  Proof of income and eligibility ·  Proof of income and eligibility
Who Can Apply Potential beneficiary, their spouse, their family member, or their legal representative Potential beneficiary, their spouse, their family member, or their legal representative

This is not a comprehensive description of either workers’ comp in Ohio or the SSDI program. The best way to hear more details and to learn whether you have a strong claim is to speak with an Ohio disability lawyer in person. To schedule a free consultation with an attorney, call Agee Clymer Mitchell and Portman at (800) 678-3318 or fill out this contact form to let us know how we can reach you.


Cleveland OH Workers Comp Lawyer
Agee Clymer Mitchell & Portman
6100 Oak Tree Blvd., Suite 200, Cleveland Ohio 44131 USA
Tel: (216) 328-2125 Fax: (614) 221-7308 Map