Temporary Total Disability
Temporary total disability is a term used in workers' compensation cases and refers to benefits paid to an injured worker who is expected to fully recover from his or her disability but cannot work during the recovery period.
A person who is receiving temporary total disability benefits through workers' compensation may be eligible for Social Security Disability benefits if their injury has lasted, or is expected to last, 12 months. In addition, your injury must meet the Social Security Administration's definition of "disabled" for Social Security Disability benefits.
I am receiving temporary total disability; do I qualify for Social Security Disability benefits?
The Social Security Administration will consider you disabled under Social Security rules if:
- You cannot do work that you did before;
- The Social Security Administration decides that you cannot adjust to other work because of your medical condition(s); and
- Your disability has lasted or is expected to last for at least one year or to result in death.
The Social Security Administration uses a 5 step process to determine if you are disabled.
5 Step Process
- Are you working?
- If you are working in 2012 and your earnings average more than $1010 a month, you generally cannot be considered disabled.
- Is your condition "severe"?
- Your condition must interfere with basic work-related activities for your claim to be considered. If it does not, we will find that you are not disabled. If your condition does interfere with basic work-related activities, go to step 3.
- Is your condition found in the list of disabling conditions?
- For each of the major body systems, the Social Security Administration keeps a list of medical conditions that are so severe they automatically mean that you are disabled. If your condition is not on the list, the Social Security Administration then has to decide if it is of equal severity to a medical condition that is on the list. If it is, they will find that you are disabled. If it is not, they go to Step 4.
- Can you do the work you did previously?
- If your condition is severe but not at the same or equal level of severity as a medical condition on the list, then the Social Security Administration must determine if it interferes with your ability to do the work you did previously. If it does not, your claim will be denied. If it does, go to step 5.
- Can you do any other type of work?
- If you cannot do the work you did in the past, the Social Security Administration determines if you are able to adjust to other work. They consider your medical conditions and your age, education, past work experience and any transferable skills you may have. If you cannot adjust to other work, your claim will be approved. If you can adjust to other work, your claim will be denied.
Our social security lawyers have extensive experience with the Social Security Administration that will help you to fight for benefits. Contact us today to learn more about how we can help you to get the disability benefits you need and deserve.