Types of Disability Benefits

A disability can make your life a nightmare. Because of your medical condition, you can’t work, or else you can only work part-time for little pay. At the same time, you need medical care – and that costs money. You may go to bed each night wondering how you will pay your bills tomorrow.

If you find yourself in this situation, you should not wait a second to take action. You may have many disability benefits options available to you. Those benefits can change your life for the better. They can cover your medical care and many other basic living expenses.

To learn more, call Marks & Harrison or reach us online today. We can put more than 100 years of experience on your side and the talent, skill and resources it takes to pursue the maximum amount in your disability benefits case. We know how important those benefits are in your life. Above all, we will work hard to pursue those funds for you.

Below is a summary of different types of disability benefits options in Virginia. To discuss your specific case, contact us for a free consultation. With our headquarters in Richmond and nine offices throughout the state, we will give your case immediate attention.

Social Security Disability Benefits

Many Virginia residents with disabilities turn to the Social Security Administration (SSA) for benefits. In some cases, their family members qualify for benefits, too. The SSA offers five different programs:

  • Social Security Disability Insurance (SSDI) – Workers pay for SSDI through payroll taxes. So, when they become disabled, they can draw on that benefit.  A worker must have compiled sufficient work credits to qualify. The amount of time a person has worked and the amount of money that he or she has paid into the system determines their work credits. Of course, you must also have a condition that meets the SSA’s definition of a “disability.”
  • Supplemental Security Income (SSI) – This is a needs-based program. It helps people with disabilities, including those who don’t qualify for SSDI. For instance, a person may suffer from a disability who has not worked long enough to earn the right number of work credits. That person may still be eligible to receive SSI benefits. Many people with SSI benefits also receive Medicare assistance.
  • Disabled Widow and Disabled Widower’s Benefits – Widows and widowers may also qualify for benefits based on a deceased spouse’s eligibility. If the spouse worked and paid into the system long enough, the surviving spouse may receive:
    • Full benefits at retirement age
    • A reduced benefit starting at age 60
    • Benefits as early as age 50, if the survivor has a disability that began prior to the deceased spouse’s death or within 7 years after death.
  • Disabled Adult Child Benefits – A disabled child who lives in your home as a dependent may receive benefits until he or she turns age 18. The child’s benefits usually continue past 18 if the child is a full-time student (K-12) or until he or she turns age 19.  For a child to receive benefits past age 18 due to disability – based on the parent’s work record – the child must meet several requirements:
    • The disability must have begun before the child turned age 22
    • The child’s condition must meet the SSA’s definition of a “disability.”

If the onset of an adult’s disability occurred before age 22, the adult may qualify for benefits if a parent dies or begins receiving disability or retirement benefits.

  • Child Disability Benefits – Some children are born with a disability or develop one early in life. If they cannot qualify for benefits based on a parent’s work record, they may still qualify for SSI based on need.

Social Security Disability (SSD) benefits can be very complicated. Many people must deal with a denied application and need to appeal their case. If you believe the SSA wrongly denied your benefits claim, contact us today for a free case review.

Workers’ Compensation Benefits

The majority of Virginia employers must carry workers’ compensation insurance. It provides medical benefits that cover all necessary treatment that is related to a work injury or illness. It also provides lost-wage benefits. Depending on the severity of the injury and the affected body part, an injured worker may be eligible for the following:

  • Temporary Total Disability (TTD) – If your injury or illness leaves you temporarily unable to work. You can receive benefits that equal 66 and 2/3 percent of your average weekly wage (AWW). The amount is subject to a maximum reimbursement amount.
  • Temporary Partial Disability (TPD) – If you can go back to work but only in a lighter-duty, lesser-paying role. You can get benefits that equal 66 and 2/3 of the difference between what you earned before and what you earn now.
  • Permanent Partial Disability Benefits (PPD) – If you reach maximum medical improvement (MMI) and continue to suffer permanent impairment, disfigurement or scarring, you may be entitled to benefits based on an impairment rating that your authorized treating doctor assigns to you.
  • Permanent Total Disability Benefits (PTD) – If you are left completely and permanently unable to work, you may be entitled to compensation to make up for your lost wages through PTD benefits.

If you are injured on the job, you should follow these steps to preserve your right to collect workers’ compensation benefits:

  • Get medical treatment – You can go to the nearest hospital for emergency treatment. For non-emergency treatment, you will need to see a doctor that your employer has authorized you to see.
  • Report your injury – You must report your injury to your employer within 30 days after it happens. You should submit written notice and keep a copy.
  • Contact an attorney – If you face any problems with your workers’ compensation claim – for instance, your employer fails to take required actions or refuses to pay your claim – you will need to have an experienced Virginia workers’ compensation lawyer at your side. Keep in mind: You must file your claim with the Virginia Workers’ Compensation Commission two years of your injury.

The sooner you are able to discuss your case with a lawyer, the better your chances of success will be. Do not discuss your injuries with insurance adjusters or your employer’s attorneys. Anything you say can – and likely will – be used against you.

At Marks & Harrison, we help injured workers to fight for the workers’ compensation benefits that they deserve. Contact us right away if your employer and/or its insurance provider fails to live up to its obligation to provide these benefits.

Veterans’ Disability Benefits

The U.S. Department of Veterans Affairs (VA) offers special programs for those who are injured while serving in the Armed Forces. These programs apply only to members of the Armed Forces who have suffered service-connected injuries while in the military. To qualify for VA disability compensation, you must:

  • Be a veteran of the U.S. Armed Forces
  • Not have a dishonorable discharge
  • Suffer from an injury or illness that you incurred during (or was aggravated by) your military service.

Unfortunately, the VA often denies disability benefits applications. Don’t take chances with your case. Contact a VA-accredited attorney from Marks & Harrison right away to discuss your case.

Our Virginia Disability Benefits Lawyers Are Ready to Serve You

Disability benefits are not always mutually exclusive. You may be able to qualify for more than one type. For instance, a person who is injured on the job may suffer a catastrophic and permanent injury that results in a lifelong disability. The person may have the right to receive workers’ compensation benefits as well as SSDI benefits. You should work with a law firm that will explore all benefits options available to you and your family and help you to coordinate your benefits as well.

With 10 offices located throughout Virginia, Marks & Harrison makes it easy for you to get the help you need. If you are injured or suffer from a disability, we understand that you have enough on your mind. Let us help you confidently and efficiently navigate your options.

Our consultations are always free, and we never charge upfront fees for our work. Instead, we receive a fee only if we succeed at getting you the benefits you deserve. Contact us today to schedule free and confidential consultation.