Related Claims After a Work Injury - Social Security Benefits
When you can't return to your job because of a work-related injury, you may consider applying for unemployment benefits or Social Security disability — especially if your workers' compensation claim is denied.
The Law Offices of Hansen Malagon can help you apply to these programs in addition to or instead of your employer-paid disability benefits. We have offices in Portland, Gresham/Clackamas, Salem or Eugene/Springfield. Contact our helpful attorney for a free consultation.
Social Security Disability
If you cannot do your old job or perform any other job that pays at least $980 a month, you may be eligible for Social Security disability insurance, or SSDI. You can apply in advance if you know you will be disabled for a long while, but you cannot receive Social Security disability unless you have a condition that has lasted or is expected to last for at least 12 months.
SSDI monthly benefits are based on money you paid into the system through paycheck deductions. If you do not have an earnings record but meet the definition for disability, you may qualify for a fixed benefit through Supplemental Security Income (SSI).
Our firm's attorneys can walk you through each stage:
(1) Application — Submitting your claim to the Social Security Administration
(2) Reconsideration — Formal review if your application was denied, with any new documentation
(3) ALJ — Hearing before an administrative law judge to prove you fit the definition of "disabled."
Unemployment Insurance and Employment Discrimination
If you are not working after an on-the-job injury or your doctor put you on restrictions but the employer has no light duty available, you may be eligible for unemployment in addition to workers' compensation benefits. These benefits are offset against whatever workers' comp benefits you receive, but this can be an important safety net if your employer has no light duty or your workers' compensation claim is denied or closed.
Many people think that they can't draw unemployment unless they can physically perform their old job. Not true — you can receive unemployment benefits if you are able and willing to look for and perform some type of work.
It is an unlawful employment practice for an employer to discriminate against you in any term or condition of employment, or fire you because you applied for workers' compensation benefits even if the claim was denied. You may have a remedy for this discrimination with the Bureau of Labor and Industries Civil Rights Division or sue the employer in Court.
We can help when you run into obstacles with your workers' comp or Social Security claim. He will explain your rights, how these programs relate to each other and what to expect in the process.
Call today at 503-821-7934 (Portland area) or 866-661-8679 (toll free). There are no attorney fees unless we get you qualified for benefits, and your initial consultation is free.