There exists a lot of overlap in the terms that are used by both the State of New Jersey Workers' Compensation system as well as the Social Security Disability Insurance program.
Nevertheless, these are two separate entities that, although they both serve the purpose of assisting persons with some sort of impairment, must be thought of as separate from each other. Most prominently, the Social Security Disability Insurance (SSDI) program helps individuals who have been temporarily or permanently disabled by a non-work-related injury or illness.
On this page, our team of experienced NJ workers' compensation attorneys has provided their insight regarding the social security disability system which can itself be quite complicated. If you are looking to apply for SSDI benefits, or have had your claim denied, contact us via our form or phone line so that we may help you fight for your much-needed benefits.
More than 75% of SSDI applications are denied, whether due to ineligibility or simple mistakes in filing a claim. Our social security disability lawyers can help you build the strong case you need to have the best potential for approval.
There are also some very strict timelines, both for applying for SSDI as well as for presenting an appeal to a declined claim, so reach out to us as soon as possible to have a team of legal professionals on your case right away.
On the other hand, the State of New Jersey also has a program intended to serve those who have fallen victim to short-term disabilities; we discuss this option first.
The New Jersey State Temporary Disability Insurance (TDI) is the program responsible for awarding benefits to individuals who suffer a temporary illness or ailment that is also unrelated to their jobs. As you may have guessed, if your injury was a direct result of your employment, you may be eligible to receive benefits from the Workers' Comp system instead.
Aside from the initial requirement of the injury not being job-related, persons for whom short-term disability benefits in NJ are an option must have worked for an employer who was making contributions into the program on their behalf. The law requires most employers to make these contributions and to pay for Temporary Disability Insurance coverage. However, not all types of employees, for instance contractors, have an employer who is obligated to make contributions on their behalf.
Additionally, a minimum earning requirement must be met, though this amount is updated just about every year. This gross income minimum will have to have been met in the 52-week range of time that ended the week before the disability manifested.
Monetary benefits may also be awarded to individuals who are victims of a permanent or long-term disability. These claims are handled by the Social Security Administration at the federal level.
As with New Jersey's State's TDI program, the federal SSDI system has some requirements that must be met before any kind of benefit is awarded.
First, it must be demonstrated that the ailment or disability prevents the individual from performing tasks or labors which they were able to perform before, such as a task relating to their work. Second, it must be established that no additional employment can be obtained with the current limitations inherent to the disability or the person's age and education.
Of course, the disability must be professionally diagnosed, must be expected to last at least one year (12 months), and it must have been previously categorized in the SSA's "Blue Book". If it is not present in the book, then it must be proven that the disability is just as limiting as one which is in fact present in the book.
Finally, the disabled individual must demonstrate that they worked and contributed to Social Security taxes for a specific amount of time. Generally, the threshold is having worked at least half of the previous 10 years.
As we mentioned earlier, a huge number of SSDI and TDI benefits claims are denied outright. There does indeed exist an appeals process, but it can take months or years before you have time in front of a judge who may overturn the original ruling and award you benefits.
This is time that you will spend waiting and without any kind of assistance. To avoid having to go through this arduous and painful waiting period, arm yourself with the experience of a social security disability attorney by your side. Fill out our form or reach out via phone to get the ball rolling on your claim or appeal today.
If you'd like additional information, make sure to visit our latest page: Questions To Ask A Workers' Compensation Attorney In New Jersey