One certainty is that life is full of surprises. It’s impossible to predict the future, but the good news is that you can plan ahead for it. There is perhaps no part of life where this is more important than when it comes to your health. You may feel as if you are in optimal health. You may feel that you have many years ahead where you are strong and healthy, and physically capable of earning an income.

While that is certainly what most people hope for, it’s also important to realize that your health can change overnight. If that happens, it can make a tremendous difference to be prepared. You don’t want to find yourself struggling to make financial ends meet and to provide for yourself and those you love if a health condition or an accident renders you unable to work and earn an income as you normally would.

One of the ways you can prepare and plan is to ensure that you have disability insurance. For many people, disability insurance can be an essential tool to plan for – and protect – their financial future. Disability insurance can help to replace all, or part of, your income if you sustain a disability that renders you unable to work. Let’s take a closer look at how disability insurance works, and how much you might need if you sustain a disability.

A Closer Look At Disability Insurance

Disability insurance is intended to provide a financial safety net if you suddenly find yourself disabled and unable to work. Disability insurance can cover disabilities that result from sudden and unexpected accidents, as well as longer-term health conditions like heart attacks or cancer for example.

There are two primary types of disability insurance – short-term disability insurance and long-term disability insurance. Short-term disability insurance is, as its name implies, intended to replace income for disabilities that last for only a brief period of time. Typically this includes injuries, illnesses, and other conditions that heal fairly quickly. Long-term disability, by contrast, is for disabilities that are more severe and longer lasting, and perhaps even permanent.

Both short and long-term disability can be purchased as an individual policy or can be provided through an employer. The question is, how much disability insurance do you need? Ideally, you would be able to replace all of your income with your disability insurance benefits – but it typically doesn’t work that way. Most policies are designed to replace some portion of your income – usually, around 40 to 80 percent, depending upon a variety of factors.

Determining your “ideal” amount of disability benefits will be a matter of analyzing your own circumstances and budget and thinking through what you may truly need. Generally, experts say that having disability insurance that could replace around 60 to 70% of your income would be ideal, but again, it is ultimately a matter of personal preference.

What About Social Security Disability Benefits?

It is important to realize in addition to privately purchased disability insurance, disabled individuals may also qualify for disability benefits from the Social Security Administration. Generally, there are two types of benefits available:

• 1). Social Security Disability Insurance: Social Security Disability Insurance (or SSDI for short), is a type of benefit the Social Security Administration pays to disabled individuals who are “insured”. This means that they worked a job for a sufficient length of time through which they paid a portion of their salary into the Social Security system.
• 2). Supplemental Security Income: Supplemental Security Income (or SSI for short) benefits are benefits paid by the Social Security Administration to those individuals who have income and resources below a certain threshold determined by the Social Security Administration. These individuals do not have to be “insured” to receive benefits.

To receive either type of benefit, an individual must be able to establish that he or she has a qualifying medical condition that has rendered them disabled for at least one full calendar year or more.

As with any legal matter, the laws surrounding disability benefits can be complex. If you find yourself struggling with a disability, legal stress is the last thing you need. You want to fully assert your rights to the benefits you need and deserve. The talented and experienced team at London Eligibility is here to help you do exactly that.

London Eligibility – Your Disability Advocates

At London Eligibility, we understand every aspect of the law surrounding disability benefits. Even more importantly, we understand all of the difficulties that disabled individuals can face. We know that instead of focusing on stressful legal matters, you deserve to focus on being as healthy as you can be, and enjoying life with those you love. You can leave the legal matters to us. We’ll pursue the best legal strategies on your behalf, and help you fight for the benefits you need and deserve. If you’re ready to get started, there’s no time like now. Give us a call. We look forward to helping you soon.

The pain, fatigue, memory impairment, and other symptoms associated with fibromyalgia make work activities difficult or impossible. As medical researchers continue trying to pinpoint its cause, diagnosis of the disorder in patients is difficult because of the lack of a test to accurately diagnose it.

Instead, doctors must rely upon laboratory analysis of a patient’s blood to rule out other potential causes of a patient’s symptoms. This inability to document a diagnosis of fibromyalgia with laboratory testing or with X-rays and other forms of diagnostic imaging can make it difficult for a patient to qualify for disability and receive financial assistance through the Social Security Administration.

Being approved for Supplemental Security Income or Social Security Disability Insurance benefits is not impossible for patients with fibromyalgia. As you read through the information in this article explaining how can fibromyalgia qualify for disability, know that assistance with an application or to appeal a denial of a claim is available through a disability advocate at London Eligibility.

Meeting The Requirements To Qualify For Disability

Each of the disability programs administered by the Social Security Administration has medical and non-medical requirements you need to meet to qualify for benefits. Social Security first reviews your application to ensure that you meet the non-medical requirements. For the SSDI program, you must have a long enough history of working and paying into the Social Security system through your payroll taxes.

If you apply for SSI, it’s a need-based program. Income and resources available to you cannot exceed program limits. For example, the total value of assets you own cannot exceed $2,000 for an individual and $3,000 for couples.

Meeting the non-medical guidelines is only the beginning of the application-review process. You also must be disabled according to the definition used by the SSA. You are disabled if there is proof through medical records that you have a medically determinable physical or mental impairment making you unable to do substantial gainful activity. The impairment or impairments must be expected to last or have lasted for at least 12 months or be expected to result in death.

The fact that your doctor states that you are disabled and cannot work is not enough. The Disability Determination Services that reviews the medical portion of your claim must be convinced through the medical evidence, including your medical records, that you are disabled.

Fibromyalgia As A Medically Determinable Impairment

Fibromyalgia symptoms include the following:

• 1). Constant, dull pain throughout the body lasting for at least three months.
• 2). Fatigue, which may be the result of the pain disrupting a person’s sleep. Sleep apnea and other sleep disorders have also been associated with fibromyalgia.
• 3). Impaired cognitive functions, including difficulty concentrating and focusing when performing tasks requiring thinking, and reasoning.

A person with fibromyalgia may have other medical conditions at the same time, including irritable bowel syndrome, migraines, depression, and anxiety. The effect on your ability to do work activities because of other medical conditions in combination with the symptoms of fibromyalgia may help to establish a qualifying disability.

The Social Security Administration maintains a list of medical conditions that it considers severe enough to meet the strict standards used to determine whether applicants for SSI and SSDI are disabled. Fibromyalgia is not one of the conditions listed in the listing of impairments, which some people refer to as the “Blue Book.” You can, however, qualify for disability benefits with fibromyalgia according to guidelines Social Security put into place over the years.

How Does Fibromyalgia Qualify For Disability?

When filing a claim for disability benefits through SSI or SSDI based on fibromyalgia, a disability advocate must establish that you have a history of widespread pain lasting for at least three months. Doctors must have ruled out other medical disorders as the cause of the symptoms that you experience.

In addition, a medical examination by your doctor must disclose a minimum of 11 positive tender points on the right and left sides of your body and above and below your waist. If not, then you must have six or more symptoms typically associated with fibromyalgia or the presence of other medical conditions known to occur with the disorder, including chronic fatigue, sleep disorders, cognitive impairment, anxiety, and depression.

Documentation of your medical condition and symptoms is essential to achieving approval of a claim for disability based on fibromyalgia. You should start by getting a complete examination and diagnosis from a physician who specializes in treating fibromyalgia.

Keep a record of the symptoms that you experience by writing them down in a journal with the date and a description of how you were affected by them. Your written record can be persuasive evidence to prove the persistence and severity of the symptoms along with the limitations they imposed on your ability to function at home and at work.

Get Help from A Disability Advocate

The disability advocates at London Eligibility have experience helping people suffering from all types of medical conditions, including fibromyalgia, to get the disability benefits they deserve. Contact a disability advocate today for a free consultation and claim review.

If you become disabled and need to apply for Social Security Disability (SSD or SSDI) benefits, you want to know how much you will receive in your monthly payment. This is the first question our clients ask us at London Eligibility Advocates for Social Security Disability.

This blog explains exactly how the amount of your SSD benefit payment is determined by the Social Security Administration (SSA). As you will see, the benefit amount paid to each recipient varies because the amount of the payment is based on each worker’s lifetime earnings record.

How Does Social Security Determine My Social Security Disability (SSD) Benefit Payment?

The amount of your Social Security Disability benefits payment is the same as you will receive in your Social Security retirement benefit. The Social Security Administration (SSA) uses the same formula to determine both figures.

The SSA refers to your SSD benefit payment amount as your Primary Insurance Amount (PIA). To find your individual PIA, the government begins by looking at the 35 highest annual incomes you earned over the course of your working life.

Step 1. Find Your Average Indexed Monthly Earnings (AIME)

To determine your monthly SSD benefit payment, start by finding your highest 35 annual incomes. The SSA then “indexes” the annual incomes it has identified as your 35 highest.

Indexing is a process the Social Security Administration uses to adjust each of your annual incomes considering the average national income for that particular year and the increase in the cost of living over the years since you earned that income.

Once the SSA has indexed each of your 35 highest-earned incomes, those indexed incomes are added together. That sum is divided by 35 which reveals your average indexed annual earnings. To find the figure corresponding to your Average Indexes Monthly Earnings (AIME), which is the key number used by the government to find your benefit rate, the SSA divides the average yearly earnings figure by 12.

The resulting Average Indexed Monthly Earnings (AIME) is the figure that will be put through a set formula that will identify your Primary Insurance Amount (PIA). You will receive that amount each month as an SSD benefit payment and as your Social Security.

Let’s look at the formula and then try a few examples.

The Formula to Determine Your SSD Benefit Amount

The formula is essentially a series of equations through which your AIME is processed. The purpose is to determine everyone’s monthly benefit amount fairly. Those SSD recipients who had higher earnings through their working years get the smallest percentage of those earnings counted for purposes of SSD benefits calculations.

Here is the formula SSD uses to determine your monthly SSD benefit amount:

Begin with your Average Indexed Monthly Earnings:

• 1). Add 90 % of the first $1,115 of the person’s AIME, plus
• 2). 32 % of the AIME between $1,115 and $6,721, plus
• 3). 15 % of the AIME above $6,721.
• 4). Then round down to the nearest $0.10 if not already a multiple of 10.

The resulting figure is the person’s Primary Insurance Amount (PIA), or monthly benefit amount.

Example 1:

If an SSD applicant (we’ll call them Pat) had an Average Indexed Monthly Earnings (AIME) of $7,250, this is how their monthly SSD benefit payment would be determined:

• 1). Add 90 % of the first $1,115 of Pat’s $7,250 AIME. ($1,115 x .90 = $1,003.50) plus
• 2). 32 % of the AIME dollars between $1,115 and $6,721
  • A). $6,721 – $1,115 = $5,606.
  • B). $5,606 x .32 = $1,793.93, plus
• 3). 15 % of the amount of AIME ($7,250) dollars above $6,721.
  • A). $7,250 – $6,721 = $529

Add $1,003.50 + $1,793.92 + $529 = $3,326.42, then round down to the nearest $0.10 = $3,326.40.

In this example, Pat’s monthly SSD benefit payment will be $3,326.40.

Example 2:

Let’s go through another example, this time with someone who is earned a little less income over their working years. In this example, we’ll use a hypothetical person named Tracy. Tracy’s Average Indexed Monthly Earnings (AIME) will be set at $5,750.

• 1). Add 90 % of the first $1,115 of Tracy’s $5,750 AIME. ($1,115 x .90 = $1,003.50) plus
• 2). 32 % of the AIME dollars between $1,115 and $6,721
  • A). $5,750 – $1,115 = $4,635.
  • B). $4,635 x .32 = $1,483.20, plus
• 3). 15 % of the amount of AIME ($7,250) dollars above $6,721.
  • A). Zero, because Tracy’s AIME is less than $6,721. Therefore, the last entry will be $0.00.

Add $1,003.50 + $1,483.20 + $0.00 = $2,486.70 then round down to the nearest $0.10 = $2,486.70. (no need to round down because the figure is already a multiple of 10.

Here, Tracy’s monthly SSD benefit payment will be $2,486.70.

Get Help Figuring out What Your SSD Benefit Payment Will Be

The formula the government uses to determine the amount of your monthly SSD benefit payment (and your retirement benefit) is not too difficult. What may be confusing for most people is “indexing” the 35 highest earned incomes. Don’t worry. We’re here to help. If you have any questions or need assistance answering any questions relating to your Social Security Disability benefits, please contact us at London Eligibility anytime.

When a disability affects your ability to work, getting the money needed to avoid financial hardship becomes a priority in your life. The disability advocates at London Eligibility bring an unsurpassed knowledge and understanding of Social Security law and years of experience to help you apply for Social Security disability.

Getting help is essential when you apply for disability in Philadelphia because of the complex and difficult process that results in fewer than one-third of applicants being approved for Social Security Disability Insurance or Supplemental Security Income benefits. Reading this article is a good way to become familiar with how to apply for Social Security disability and the eligibility requirements for each of the disability programs offered by the Social Security Administration.

Are You Eligible For Social Security Disability Insurance (SSDI)?

You must be disabled according to the definition used by Social Security to be eligible for SSDI, but that does not necessarily mean that you will be found eligible for benefits. In addition to the medical requirement, you also need to have a qualifying work history.

In order to be eligible for SSDI, you must have worked long enough prior to the onset of the disability and paid Social Security taxes on the earnings from your jobs or on the income you made from self-employment. How long you worked is measured through work credits that you acquire based on your earnings. You get a work credit in 2023 for each $1,640 in earnings up to a maximum of four credits each year.

As a general rule, you need 40 work credits to be eligible for SSDI, and 20 of them must be earned within 10 years of the onset of your disability. Younger workers may qualify for benefits with fewer credits, so talk to your disability advocate about the circumstances of your situation to determine what options you have available to you.

If you have enough work credits, you also need to meet the disability requirement. Social Security follows federal regulations that define a qualifying disability as one where you are unable to engage in a substantial gainful activity because of a medically determinable physical or mental impairment that has lasted or is expected to last for at least 12 months or is expected to result in death.

The standard used to determine whether you have the ability to engage in the substantial gainful activity is your earnings. If you work and earn more than $1,470 a month in 2023, you are not disabled because your earnings show you can do the substantial gainful activity. If you apply for SSDI based on statutory blindness, you may earn as much as $2,460 and meet disability requirements.

However, the fact that you cannot do substantial gainful activity does not automatically make you eligible for SSDI. You also must be unable to do any type of work that you did in the past or adjust to do other types of work available for you in the national economy.

How To Qualify For Supplemental Security Income (SSI) Benefits?

The purpose of the SSI program is to provide a source of income to pay for food and shelter. It is a need-based program that places limits on the amount of income and the value of resources you are allowed to have available to you. For instance, the total value of resources available to exchange or use to acquire food and shelter is only $2,000 for one person and $3,000 for eligible couples.

Unlike SSDI, the SSI program does not have a work requirement in order to qualify for benefits. You must, however, be disabled according to the definition used by Social Security or statutorily blind to be approved for benefits.

How To Apply For Disability Philadelphia

Disability claims take time to process. First, the Social Security Administration determines whether you meet the non-medical requirements. If you do, the claim is forwarded to the Pennsylvania Bureau of Disability Determination or BDD.

The BDD requests medical records from your doctors, hospitals and other medical facilities and providers that have treated. The medical records are reviewed to determine whether they support your claim for benefits. The BDD may ask you to submit to a consultative examination to assist it in making a decision about your application for benefits.

The process to obtain benefits in Philadelphia for SSI and SSDI begins when you complete and file an application. Applications may be completed and filed online, by telephone, or in person at a local Social Security field office.

If you are applying for SSI benefits on behalf of a blind or disabled child, the application process includes completing a Child Disability Report followed by a phone interview. Discuss the process with your disability advocate at London Eligibility.

Get Help To Apply For Social Security Disability

Mistakes or omissions when you apply for disability Philadelphia can delay its processing or cause your claim for benefits to be denied. Get help from the disability advocates by contacting London Eligibility today for a free consultation and claim evaluation.

If you live in Philadelphia and have the misfortune of being unable to work because of a medical condition, financial assistance may be available in the form of disability pay from the Social Security Administration. Pennsylvania does have a state-sponsored short-term disability program or a law that requires employers to cover employees under a temporary disability plan, so Social Security disability may be your only option unless your disability is the result of a job-related injury or illness.

Getting Social Security disability pay is not easy, and more than two-thirds of the people who submit applications each year are refused the benefits they believe they deserve. One way to ensure that your application for disability benefits avoids the mistakes and omissions that can lead to delays and a denial of benefits is by working with a disability advocate at London Eligibility.

How much you receive as Social Security disability pay depends on which of the two programs approves your claim for benefits. Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are separate programs for people with long-term disabilities that have different eligibility rules and benefits.

How Much Does Disability Pay Through SSDI?

In order to qualify for monthly disability pay Philadelphia through SSDI, you must have a work history and paid Social Security taxes on the income. The work can be at jobs as an employee, or you could be self-employed. The key factor is that you paid federal taxes on the income and you worked long enough to accumulate enough work credits to qualify for SSDI.

A work credit is what Social Security uses to determine if you meet the work required to get disability pay through SSDI. You acquire work credits based on annual earnings. For 2023, you receive one credit for every $1,640 that you have in earnings up to a maximum of four credits per year.

Younger workers who become disabled generally need fewer credits to qualify for SSDI than do workers who become disabled. A disability advocate can review your work record with you to determine whether you have the required number of credits to meet the work requirement for SSDI.

Meeting the work requirement is only part of the eligibility process to get disability pay through SSDI. You must be disabled according to the definition applied by Social Security.

According to federal regulations, you are disabled if you have a medically determinable physical or mental impairment that makes you unable to engage in substantial gainful activity. The impairment or a combination of impairments must have lasted or be expected to last for at least 12 months or be expected to cause your death.

How much you receive in disability pay in Philadelphia through SSDI does not depend on the number of work credits. Instead, the monthly benefit is calculated using your lifetime earnings from employment and self-employment where you paid Social Security taxes. The payment of taxes on income is important because some people, such as railroad workers, do not pay into the Social Security system and are not covered by it.

The maximum monthly SSDI benefits payment is $3,627. The amount that you actually receive may be less based on your lifetime earnings. The average monthly SSDI benefit in 2023 is $1,483 according to the Social Security Administration.

How Much Does Disability Pay Through SSI?

The SSI program uses the same disability definition as is used to determine eligibility for SSDI, but it has different non-medical requirements. As a need-based program the income and assets that you have available to acquire food and shelter cannot exceed specific limits. For instance, the total value of resources that you own cannot exceed $2,000 for individuals and $3,000 for couples.

The resource limit may seem extremely low, but there are certain assets that do not count toward the limits, including:

• 1). Land and a home used as your principal residence.
• 2). A motor vehicle used by you or a member of your household primarily for personal transportation.
• 3). Household goods and personal effects, including wedding and engagement rings.

There are other exclusions that may apply to you, so let a disability advocate review them with you to determine whether you meet the requirements for eligibility.

If you are disabled or statutorily blind and meet the non-medical requirements, you can receive as much as $914 a month in disability pay from SSI in 2023. Couples may get $1,371. A Social Security disability pay chart shows the current SSI monthly payment amounts.

What you actually receive from SSI may be less than $914 if you have other sources of income. You could receive more disability pay in Philadelphia because the state supplements the federal SSI benefit with a state benefit. There are, however, conditions for the state benefit in Pennsylvania that your disability advocate will review with you.

Learn More About Disability Pay Philadelphia

The best way to ensure that you get all of the Social Security disability that you deserve is by letting a disability advocate at London Eligibility assist you in the application process. If you already filed an application for SSDI or SSI that was denied, London Eligibility can appeal it to have the decision overturned. Contact us today for a free consultation.

Medicare coverage extends to those who are 65 years or older. However, it does not mean that those under the age of 65 years never qualify for Medicare coverage. The program also covers people suffering from disabilities and helps them meet their medical expenses. If you are under 65 years of age, you must be on Social Security Disability Insurance (SSDI) benefits to qualify for Medicare coverage.

An experienced and knowledgeable Socia Security Disability (SSD) benefits lawyer at London Eligibility can help you plan your medical expenses in advance by helping you understand the duration and coverage of the program.

Relationship between SSD benefits and qualifying for Medicare

It is a myth that you automatically qualify for Medicare after winning SSDI benefits. Merely winning Social Security Disability benefits will not qualify you for Medicare coverage by itself. To qualify for Medicare coverage, you will have to prove that you are suffering from a disability and that the Social Security Administration (SSA) has approved you for Social Security Disability Insurance (SSDI) benefits.

In most cases, there is a waiting period of 24 months receiving SSDI benefits before enrollment for Medicare.

The waiting period starts the first month of receiving SSD benefits check from the SSA. Once the 25th month of receiving SSDI benefits starts, you will get enrolled for Medicare coverage.

Exceptions to the 24 months norm

The general rule is that you must wait 24 months on SSDI benefits before enrollment on Medicare coverage. However, there are two important exceptions to this rule-

• Amyotrophic Lateral Sclerosis (ALS).
• Lou Gehrig’s Disease.

If you suffer from amyotrophic lateral sclerosis (ALS), or Lou Gehrig’s Disease, you will get Medicare coverage in the first month of receiving SSDI benefits.

Similarly, if you suffer from end stage renal disease (ESRD), your Medicare coverage begins after receiving dialysis treatment for three months.

What Is The Application Process For Medicare Coverage?

There is no prescribed application procedure for Medicare coverage. If you are suffering from a disability that prevents you from working, you may apply for Social Security Disability Insurance (SSDI) benefits. Therefore, your disability should meet the standards set by the Social Security Administration to qualify for SSD benefits.

Medicare does not concern your eligibility for SSDI benefits. Once the SSA approves you for disability benefits, there is nothing else left to be done on your part for Medicare coverage. Once the mandated waiting period of 24 months expires, you will get enrolled in Medicare coverage.

While you start receiving Medicare coverage from the 25th month of receiving SSDI benefits, you will receive the Medicare card at the end of the 22nd month of your SSDI benefits. Once you become eligible for Medicare coverage, you will get coverage from the program in Parts A and B, which is also called original Medicare.

• 1). Medicare Part A: This Part extends to hospital care and such other short-term patient care facilities, including services at nursing homes. Generally, no premiums are to be paid for Part A Medicare coverage.
• 2). Medicare Part B: Part B extends to different types of medical services that are not at the level of hospital care or nursing facilities, such as appointments with doctor and medical specialists, emergency room visits, ambulance facilities, access to medical equipment, preventive care, and some medicine supplies. Generally, a monthly premium is paid for Medicare coverage under Part B.

Can I Return To Work After Being Enrolled For Medicare Coverage?

Once you are approved for Medicare coverage, you will stay covered under the program, if a medical professional considers you disabled.

However, if you do return to work, the costs for your Medicare coverage will vary according to your age. If you are aged 65 or below and return to work, you will not have to pay any premium for Medicare Part A for the next 8.5 years.

On the other hand, if you are still under 65 years old after the 8.5-year period expires, you will have to start paying the monthly Part A premium. The standard monthly premium for Part A coverage depends on your work history. If you have fewer than 30 working quarters, that is, 7.5 years of coverage, you pay a monthly premium of $506/month. Finally, you pay a standard monthly premium of $278/month if you have 30-39 working quarters, that is, more than 7.5 years or less than 10 years.

Speak With An Accomplished SSD Benefits Lawyer At London Eligibility

If you or a loved one suffers from a disability, you must explore the possibility of getting Medicare coverage that would help you pay your outstanding medical bills. We understand how inflating medical bills can further aggravate your impairment(s). A knowledgeable SSDI benefits lawyer at London Eligibility can assist you in understanding the qualification criteria for coverage under the Medicare program. Contact us today for a free consultation and claim review.

New York is one of only five states that provides state-mandated temporary disability insurance (TDI) benefits to workers who are unable to work due to a non-work-related illness or injury. The program includes coverage for pregnant and postpartum women.

Pregnant women are eligible to receive NY TDI benefit payments beginning up to 4 weeks before their scheduled delivery due date, and 6 to 8 more weeks following the child’s birth. Women who deliver by cesarean section are eligible to claim the longer of the two periods to enable them to fully recover from the surgery.

The period of benefit eligibility will be extended if the woman remains unable to work due to birth-related impairments such as postpartum depression. The maximum period anyone can receive TDI payments under New York law is 26 weeks.

One Week Waiting Period for NY TDI (See Paid Family Leave (PFL) No Waiting)

When someone files a claim for temporary disability benefits in New York, the benefits coverage begins on the 8th day. The one-week waiting period is required to prevent claims from being filed when a worker becomes ill or injured for only a couple of days. Many employers already provide paid sick days that would cover those shorter absences.

How Much Can You Receive from New York TDI?

Under the rules for New York temporary disability insurance, a claimant can receive 50 percent of their average weekly earnings but no more than $170 per week.

NY Paid Family Leave Pays Higher Benefits than NY TDI

While TDI’s maximum benefit cap of $170 is not substantial enough to support a New York worker by itself, pregnant women and postpartum mothers are entitled to file a claim for Paid Family Leave (PFL) benefits which will pay up to 67 percent of the person’s average weekly pay up to a weekly cap of $1,131.08 in 2023.

The NY PFL law also requires your employer to continue your health insurance coverage under the same terms as when you were working for the full 12-week period during which you are out on PFL.

NY PFL benefits are available to any New York employee working a regular schedule of more than 20 hours per week after 26 consecutive weeks before the first day of claimed leave. If an employee’s regular work schedule is less than 20 hours per week, then they can begin their NY PFL after they work 175 days.

New York Paid Family Leave benefits were established to permit parents to bond with a newborn, adopted, or fostered child. But many more situations are covered than parents welcoming a new child into the family. Paid Family Leave is also an essential source of continued pay when a sick family member requires care.

An employee is entitled to take up to 12 weeks of PFL to care for a spouse, domestic partner, sibling, child, parent, parent-in-law, grandparent, or grandchild. The law also covers those who may need to care for a seriously ill family member when the person needing care’s own relative is deployed overseas in the military.

TDI Does Not Protect Your Job – NY Paid Family Leave Does Protect Your Job

If you are absent from work while receiving temporary disability benefits (NY TDI), your employer is not required to protect your job for you. They may hire a permanent replacement for you if they wish to unless they must guarantee your job is safe under the terms of another state or federal law.

Your job is safe if you file a Paid Family Leave benefit claim. Your employer must preserve your place on the job. Other laws also guarantee that your job will be protected if you are absent due to one of the covered criteria.

The federal Family and Medical Leave Act also provides for you to take unpaid leave to bond with a newly born child, an adopted child, or a newly placed foster child. Workers are also covered if they experience an exigent situation related to a close family member’s active military duty. The coverage continues for a period of 12 weeks but may extend to 26 weeks if the employee is caring for a covered military service member who is their spouse, child, parent, or next of kin.

Combining NY Temporary Disability with NY Paid Family Leave

You may also combine claims under the New York TDI, and the NY Paid Family Leave programs. For example, a pregnant woman could take four weeks of TDI before she delivered her child and six weeks of bonding time following the birth. Then she could take 12 weeks of Paid Family Leave for a total of 22 weeks. The period of combined TDI and PFL cannot exceed the maximum of 26 weeks.

If you live in the Oklahoma City area and you are struggling with a disability, you may feel overwhelmed. That’s understandable. Being disabled can be difficult in any number of ways – and certainly, it can cause extreme financial hardship. If you find yourself in this situation, you may be wondering whether or not you qualify for disability benefits, and if so, what options may be available.

Depending upon the condition that you have, you may wonder whether or not it will be temporary, or more permanent in nature. If temporary, you may wonder – are there short-term, temporary disability benefits options available? It’s an important question to ask.

What Temporary Disability Options Are Available?

In Oklahoma, various options are available for individuals seeking temporary disability benefits. One option is short-term disability insurance. STD insurance is intended to replace part of an employee’s regular income when the individual cannot perform job duties as a result of a temporary illness or injury. This type of short-term disability benefit is different from workers’ compensation, which is intended only for individuals who were injured while performing their job.

Typically, an employee is offered short-term disability insurance through insurance plans made available by the employer. Often, the employee pays for the insurance through a payroll deduction. Usually, the types of injuries and illnesses that qualify for short-term disability benefits are those that last for less than a year. The policy amount itself will determine the amount the plan might pay the worker and when benefits can begin to be paid. Often, the plan will include a maximum number of days for which benefits might be paid.

Another option for seeking temporary disability benefits is workers’ compensation. As noted, workers’ compensation benefits are typically only available to injured individuals at work. If, however, the employee has suffered a work-related injury, various types of workers’ compensation benefits may be available, some of which are temporary, and others that are more permanent in nature. If you believe that you may qualify for workers’ compensation benefits, consulting with an attorney who knows and understands workers’ compensation law will be essential.

What if a Disability Is More Than “Temporary”?

While temporary and short-term disability benefits are helpful, they are ultimately exactly that – temporary. This leads to the obvious question – what happens if the disability is no longer short-term? What if it is no longer temporary? What if the disability looks to be longer and more permanent? In that case, an individual may want to apply for disability benefits from the Social Security Administration.

Typically, the Social Security Administration offers two types of disability benefits. The type of benefit for which you may qualify will depend upon your unique circumstances. Benefits offered include:

• 1). Social Security Disability Insurance (SSDI) Benefits: These are benefits that the Social Security Administration reserves for those individuals who have a qualifying disabling condition and who are “insured”. Essentially, this means that the individual worked a qualifying job through which he or she regularly made payments to the Social Security Administration. Insured individuals with a qualifying disability may be approved for monthly benefits that will be calculated based on their prior earnings and previous payments.
• 2). Supplemental Security Income (SSI) Benefits: As is the case with SSDI benefits, an individual who seeks SSI benefits must have a qualifying disabling condition that has rendered the individual unable to work for more than a year. Unlike SSDI benefits, however, disabled individuals need not have been insured. Instead, in order to be able to receive SSI benefits an individual must earn income and have resources below a certain threshold established by the Social Security Administration. This amount may fluctuate, so it will be important to consult an attorney who understands the law regarding eligibility.

Without question, all of this information about various types of benefits can be confusing. You may qualify for one type of benefit, or you may qualify for a mixture of benefits. It will ultimately depend upon your unique circumstances. As a result, it is essential to consult an attorney who knows and understands the law surrounding disability benefits and who can assist you in pursuing the compensation you need and deserve. At London Eligibility, we are here for you.

London Eligibility – Your Disability Benefits Team

At London Eligibility, our knowledgeable and experienced team of advocates understands every aspect of the law regarding disability benefits. We are passionate about fighting for the maximum amount that each and every client deserves – and we would consider it a privilege to fight for you, too. We know the best legal strategies to pursue on your behalf, and we’re ready and waiting to get started. Don’t wait any longer to start seeking the benefits you need. We’re here for you. Give us a call today. We look forward to speaking with you soon.

If you live in Oklahoma City and you are struggling with a disability, you may wonder if you qualify for disability benefits. It is an important question to ask, particularly if your disability has rendered you unable to work and earn an income as you otherwise normally would. The good news is that if you are found to have a qualifying disability, you may qualify for disability benefits from the Social Security Administration.

The Social Security Administration administers two different disability benefits programs. These include Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). For both types of benefits, an individual must have a qualifying disability that has rendered the individual unable to work, but the two programs have different eligibility requirements, and benefits are calculated differently for each.

A Closer Look at Social Security Disability Insurance

SSDI is a program created to support individuals who are disabled and “insured”. What exactly does it mean to be insured? Essentially, this means that the disabled individual must have worked a qualifying job for a sufficient amount of time, through which the individual paid a portion of his or her salary to the Social Security Administration.

It is important to keep in mind that generally, the severity of your disability will not impact the amount of SSDI benefits that you receive. Instead, the Social Security Administration will review your average earnings over time, a figure known as “average indexed monthly earnings” (AIME). The Social Security Administration then applies a formula including that figure to determine an applicant’s primary insurance amount or PIA.

On average, SSDI payments range between $800 and $1800 per month, although amounts will vary based on an individual’s earning history and how much they have paid into the system over time. In 2023, an individual’s maximum SSDI benefit is $3,627 per month. Individuals seeking to estimate how much they might receive can also use the Social Security Administration’s online benefits calculator.

Additionally, when calculating potential benefits, it is important to keep in mind that your monthly SSDI payment might be reduced if you receive other government benefits. Various other types of benefits might include worker’s compensation benefits, temporary disability benefits from the state in which you live, or a pension based on work that was not covered by Social Security. For this reason and many others, it is always important to talk with an attorney about your particular circumstances.

What About Supplemental Security Income?

Unlike the case with SSDI benefits, individuals do not have to be “insured” in order to be eligible to receive SSI benefits. SSI benefits are administered to disabled individuals with limited income and resources. These individuals may not have worked a job through which they paid into the system, but nevertheless have a qualifying disability for which they need benefits and assistance. Income limits are determined by the Social Security Administration and may change from year to year.

The average monthly SSI benefits is between $600 and $650, although individuals can receive a maximum monthly benefit (also known as the “Maximum Federal SSI Payment”) of $914, and married couples can receive a maximum of $1371 in 2023. Generally, this amount is the amount that an individual (or married couple) would receive if they did not have any other income, or other benefits coming in to offset that amount. The monthly amount is generally reduced by subtracting countable income. In addition, individuals who are receiving SSI benefits may qualify for supplemental benefits from other sources. Much of this is dependent upon an individual’s circumstances and federal and state law.

Regardless of the type of benefit you may qualify for, is important to keep in mind that any amounts you calculate are only estimates. There is no substitute for consulting with an attorney who knows and understands the law. An attorney who understands the law can listen to your story, review your unique circumstances, and advise you with greater specificity regarding the benefits you might be eligible for. At London Eligibility, we’re here for you, and we are ready to help.

London Eligibility – Here For You

At London Eligibility, we are passionate about helping our clients fight for the disability benefits they need and deserve. We know that legal matters can seem complex and overwhelming – and the last thing you need is legal stress when you’re struggling with a disability. Instead, you can leave the legal process to us, knowing that when you do, you’ve put your case in good hands. Our talented and experienced team will pursue the best legal strategies on your behalf, and we’re ready to get started. Give us a call today and let us know how we can help. We look forward to speaking with you soon.