SSDI and Workers’ Compensation
Massachusetts Social Security and Workers’ Compensation Attorneys
The Law Offices of John S. Moffa, with offices located in Hyannis, Falmouth and New Bedford, handles both social security and workers’ compensation claims in Barnstable and Bristol counties in Massachusetts.
Social Security Disability Benefits
SSDI is an “insurance” program that pays disability benefit to persons (as well as to their certain disabled dependents) who have paid into the Social Security trust fund through Federal Insurance Contributions Act (FICA taxes). The employers of these insured individuals make equal FICA contributions on behalf of the employee. SSI is a financial aid, or needs-based, program that provides a basic income for disabled people who meet specific low-income guidelines. Regardless of your lack of employment history and age, you can receive SSI benefits when you become disabled.
Social Security Act
The Social Security Act defines disability as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months”. More simply put, to be considered disabled, you must prove that you are unable to do any type of work for which you are suited due to a medical condition, and that condition is expected to last for at least one year, or is terminal.
Denied Benefits
Many of the people denied benefits have true disabilities and should receive assistance . Unfortunately, people are often deprived of benefits due to insufficient medical proof that a disabling physical or mental impairment exists. If you have been denied benefits, or your benefits have been reduced, terminated, or the SSA notifies you of any other actions against you, file for “reconsideration” immediately.
From the time of denial, you have only 60 days to file a reconsideration appeal . If you appeal within 10 days of being notified of a disability benefit action, you may be able to continue receiving payments while you appeal the decision. It is critical that you maintain medical care and documentation throughout the determination process since they are important to supporting your claim.
Workers’ Compensation
The injured worker is often taken advantage of because they do not know their rights. Your employer may not tell you of all the rights you have and the insurance company is strictly concerned with minimizing the cost of your claim. This means that they will not tell you about job retraining, overtime pay benefits, wage differential benefits, statute of limitations, notice requirements, repetitive traumas, maintenance payments when being retrained and settlements. If you have been injured at work, you should immediately contact the attorneys at John S. Moffa so that you can be assured that you are receiving all the benefits available to you.
Your Rights
Worker’s compensation benefits entitle you to medical treatment to cure and relieve the effects of your industrial injury. Treatment may include consultations, physical therapy, surgery, hospitalization, drug treatment, and nursing care, as well as physical and vocational rehabilitation services. You are entitled to be reimbursed for costs of mileage going to and from your medical appointments. The injured employee may also be entitled to lost wages.
If you need immediate assistance with a social security or workers’ compensation claim, contact a SSDI lawyer for a free consultation and let us represent you.
