February 8, 2012

MN Social Security Disability

MN Social Security Disability Insurance, or “SSDI,” is available for some people who are disabled and cannot work because of their disability. SSDI eligibility depends on a number of factors. Generally speaking, you must be disabled under Social Security’s rules, and have enough “work credits.”

Who is disabled under Social Security’s rules?
First, for SSDI eligibility, you must be “disabled” under Social Security’s rules. This generally means that you have a health condition that has lasted, or is expected to last at least one year, or that is expected to result in death. This medical condition also must prevent you from working full time at any job. It is not enough that it prevents you from working at any of your past jobs. Social Security does have a listing of impairments that are considered so severe that they automatically qualify a person for SSDI. If your medical condition is listed on the List of Impairments, or meets a condition on this list, then you will be considered disabled for SSDI eligibility requirements.

How are my work credits computed?
The second SSDI eligibility requirement is that you have enough work credits. When you worked, you paid social security taxes. These taxes generally transfer into credits. You must have enough total work credits, and enough recent work credits, for SSDI eligibility.

In general, your work credits are computed based on two different “earnings tests.” These tests are (1) a “recent work test” based on the age when you became disabled, and (2) a “duration of work test” that totals the number of years you worked before you became disabled.

• Requirements under the Recent Work test

1. If you become disabled when you are 24-years-old or before, then you need 1 ½ years of work in the three years before you became disabled.

2. If you become disabled between ages 25 and 30, then you need to have worked half the time between age 21 and your age at the time of your disability.

3. If you become disabled at age 31 or older, then you need to have worked 5 out of the 10 years before you became disabled.

• Requirements under the Duration of Work test

If you became disabled: Then you need to have worked approximately this many years before you became disabled:
Prior 28-years-old 1 ½
30-years-old 2
34-years-old 3
38-years-old 4
42-years-old 5
44-years-old 5 ½
46-years-old 6
48-years-old 6 ½
50-years-old 7
52-years-old 7 ½
54-years-old 8
56-years-old 8 ½
58-years-old 9
60-years-old 9 ½

Please contact us if you have any questions regarding applying for disability benefits or appealing a denial from SSA. We provide Minnesota disability services throughout the state of MN. We are local Minnesota disability lawyers located in Minneapolis and concentrate on handling only Minnesota claims.

Minnesota Workers Rights

Not all workers compensation cases in Minnesota are accepted by insurance companies. Even if the insurer accepts liability, it may not pay benefits, or it may discontinue your benefits after initially paying them. If you have been injured on the job there are important Minnesota workers rights you have under the law.

Initial Denials
MN worker comp cases that are denied from the outset are stated on a Notice of Primary Liability Determination. This is a document that the insurer completes and mails to the employee after receiving the First Report of Injury from the employer. If liability is accepted, it means that your claim has been approved. If liability is denied, it will state so, and it means that no benefits will voluntarily be paid.

• Appealing
If liability is denied, and you wish to make a claim for workers’ compensation benefits, you can appeal the denial by filing Employee’s Claim Petition with the Minnesota Department of Labor. The Claim Petition initiates a claim for benefits. If you are unable to work because of your injury, or cannot work as much or in the same capacity, then you can claim wage loss benefits. If you need medical treatment for your work injury, then you can make a claim for this. If you need vocational rehabilitee assistance, you can claims this, as well.

Denials After Benefit Payments
Workers’ compensation benefits are “cut off” at a certain point. This can be for a valid reason, such as the employee does not need wage loss benefits because he has returned to his job, or the employee does not need medical treatment because he is completely healed—or it can be for an invalid reason. If the denial was not made for what you consider to be a valid reason, you should consult an attorney to appeal.

• Appealing the Denial of Medical Benefits
If medical treatment is denied, you can appeal by filing a Claim Petition, or by filing a Medical Request with the Minnesota Department of Labor. This document claims that past medical bills get paid, or that recommended medical treatment be approved. It can also claim an employee’s expenses to medical appointments, such as mileage and parking. After filing the Medical Request, a conference will be held at the Department of Labor with a mediator who will approve or deny the request.

• Appealing the Denial of Wage Loss Benefits
If you are receiving wage loss benefits, and the insurance company seeks to terminate these, the insurance company notifies you in writing by sending you a Notice of Intention to Discontinue Workers’ Compensation Benefits. You can appeal this by making a written, in-person, or telephone request to the Department of Labor for an administrative conference. There are time limits for doing this. At the administrative conference, a workers’ compensation judge will meet with the worker and his or her attorney, and the insurance claims adjuster or defense attorney. The judge will hear both sides of the issue and make a ruling based on workers compensation laws Minnesota statutes and case law.

St. Paul SSDI | Minnesota Social Security

Completing an SSDI Application can be done by anyone and in a number of different ways. There is some basic information that you must know prior to completing the SSDI Application.

Who can complete the SSDI Application?
Anyone can complete the St. Paul SSDI Application. People can complete the application for themselves, or for someone else. If you have someone complete the SSDI Application for you and submit it online, then Social Security will send you a printed version of the SSDI Application for you to sign and return. You can also change any inaccurate information on this form.

How can I complete the SSDI Application?
There are several different ways to complete the SSDI Application.

• Online SSDI Application
Completing the online SSDI Application can be the easiest way for people who have access to the Internet and computer knowledge. The application is located at www.ssa.gov. Simply click on “Applying for Disability Benefits” to begin. If you would like someone to assist you with your online application, that is permitted.

• Filing the SSDI Application in Person
People who wish to file the Minnesota SSDI Application in person should visit their local MN Social Security Administration office. The closest Social Security office can be found in the government pages of your local phone book and through the Social Security’s website at www.ssa.gov. Most Social Security offices are open Monday through Friday from 8:00 a.m. to 4:30 p.m. You should call your office to make an appointment prior to coming in and completing the SSDI Application.

What do I need to submit with my SSDI Application?
Submitting the SSDI Application is not enough. Minnesota Social Security requires that two more forms be submitted with it.

• Disability & Work History Report
After completing the SSDI Application, you must complete a document called a “Disability & Work History Report.” This form can be completed online immediately after completing the SSDI Application. It asks for information regarding your medical conditions, education, jobs you have had over the previous 15 years, and the names and addressed of doctors and hospitals where you have treated for your conditions. A Social Security representative can complete this with you if you are completing the SSDI Application at your local office.

• Medical Authorization
After you have completed the SSDI Application and Disability & Work History Report, you will have to sign and return an authorization so that Social Security can obtain your medical records to verify your conditions. You can print this from the Internet and mail it to your local office, or sign it at your local office after applying for St. Paul SSDI benefits.

Minnesota Workers Compensation Laws

Having an attorney to help with your MN workers compensation case can help immensely in many ways. Being injured at work can be a stressful and traumatic event. In many cases, and injured worker does not know what to do, and the employer is of little help. There are many Minnesota workers compensation laws that cover an injured employee and dictate what medical and wage benefits are available.

Dealing with Insurance Companies
After you report an injury to your employer, the employer is supposed to complete a First Report of Injury and send it to its workers’ compensation insurance company. The insurance company then issues a Notice of Primary Liability Determination. This document either admits or denies liability for your injury. If liability is denied, you will need an attorney to pursue a claim for benefits. If liability is admitted, you should have an attorney explain the benefits that you are entitled to.

Making Claims
If an insurance company discontinues paying wage loss or medical benefits for an unfair reason, you will need an attorney to help reinstate your benefits. There are several different claims to make, and each requires a different form. The common forms and claims are as follows:

• Employee’s Claim Petition
If any workers’ compensation benefits are denied, then the employee’s attorney can file a Claim Petition with the Department of Labor. This initiates a claim for benefits, including wage loss benefits, medical benefits, vocational rehabilitation benefits, disability benefits, and reimbursement for mileage and parking.

• Medical Request
If medical treatment is disputed, the employee’s attorney can file a document called a “Medical Request” with the Department of Labor. This can claim that past medical bills get paid, or that recommended medical treatment be approved.

• Rehabilitation Request
Attorneys can also request vocational rehabilitation services or payments by filing a “Rehabilitation Request” with the Department of Labor. Common rehabilitation claims are for QRC services and mileage reimbursement related to job search activities.

Representing Employees at Appearances
After a claim is filed, there will be scheduled events that the employee must attend. It is never a good idea to not have an attorney with you.

• Conferences
If a Medical Request or a Rehabilitation Request is filed, there will be a conference at the Department of Labor. During this conference, a mediator will meet with the employee and attorney, and claims adjuster or defense attorney to hear both sides of the issue. Having an attorney state your arguments for you is critical.

• Depositions
A deposition is a process where the defense attorney is able to ask you questions under oath, but outside of a courtroom. It usually occurs at you attorney’s law office. It is crucial to have your attorney prepare you for this experience, and sit next to you during the process to make objections to the questions, if necessary.

• Hearings
A hearing in a workers’ compensation case is a trial. You will need an attorney at the trial to make an opening statement, introduce exhibits, take testimony, and make legal arguments.

If you suffered an injury on the job please contact us and one of our work injury lawyers in Minnesota will discuss your case at no charge and help you with your legal options.

MN Disability Application

Applying for SSDI is an option for many people who become disabled and cannot work. Prior to applying for SSDI, there are a few things that you should know.

Who can apply for SSDI?
Anyone can apply for SSDI, however not everyone is eligible for SSDI benefits. Because the MN disability application for SSDI can be a difficult process, it is important that you first ensure your eligibility.

1. Disabled
First, you must be “disabled” under Social Security’s rules. This generally means that you have a health condition that has lasted, or is expected to last at least one year, or that is expected to result in death. This medical condition also must prevent you from working full time at any job. This is a very strict definition of “disability” required by federal law. Social Security does have a listing of impairments that are considered so severe that they automatically qualify a person for SSDI. If your medical condition is listed on the List of Impairments, or meets a condition on this list, then you will be considered disabled.

2. Work Credits
Second, you must have enough work credits to be successful in a Minnesota disability application for SSDI. When you worked, you paid social security taxes. These taxes generally transfer into credits. You must have enough total work credits, and enough recent work credits, to be eligible for SSDI.

How can I apply for SSDI?
There are two ways of applying for SSDI:

1. Online
Applying for SSDI online can be the easiest route. The application is located at www.ssa.gov. Simply click on “Applying for Disability Benefits” to begin. If you would like someone to assist you with your online application, that is permitted. The person can also complete the application without you being present, and when it is complete, a representative from Social Security will mail you a paper copy of the completed online application. You must sign this and mail it back to Social Security.

2. In Person
People who wish to apply for Minnesota disability benefits in person should visit their local Social Security Administration office. The closest Social Security office can be found in the government pages of your local phone book and through the Social Security’s website at www.ssa.gov. Most Social Security offices are open Monday through Friday from 8:00 a.m. to 4:30 p.m. You should call your office to make an appointment prior to coming in and applying for SSDI.