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

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.

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.

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.

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.

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.

Who is eligible for retraining?
The purpose of retraining is to “train an employee so he may be returned to a job related to his former employment or to a job in another work area which produces an economic status as close as possible to that he would have enjoyed without the disability.” Jerde v. Adolfson & Peterson, 484 N.W.2d 793, 795 (Minn. 1992). The Minnesota Supreme Court has held that retraining is necessary if it will materially assist the employee in restoring an impaired earning capacity. Norby v. Arctic Enter., Inc., 232 N.W.2d 772, 775 (Minn. 1975). Factors to consider in determining whether an employee is eligible for retraining include the following:

1. the reasonableness of retraining compared to the employee’s return to work with the employer or through job placement activities;
2. the likelihood of the employee succeeding in a formal course of study given the employee’s abilities and interests;
3. the likelihood that retraining will result in a reasonably attainable employment; and
4. the likelihood that retraining will produce an economic status as close as possible to that which the employee would have enjoyed without the disability.

Poole v. Farmstead Foods, 42 W.C.D. 970, 978 (1989); Rutledge v. Control Data Corp., slip op. (W.C.C.A. September 20, 1991).

What is the time limit for bringing a claim for retraining?
Minnesota workmans compensation law provides that requests for retraining must be filed before 208 weeks of any combination of temporary total disability or temporary partial disability benefits have been paid.

Employers and insurers have the obligation to notify an employee in writing of this 208 week limitation for filing a request for retraining. The notice must be given before 80 weeks of temporary total disability or temporary partial disability compensation have been paid, regardless of the number of weeks that have elapsed since the date of injury. If the notice is not given before the 80 weeks, the period of time to file a request for retraining is extended by the number of days the notice is late, but in no event may a request be filed later than 225 weeks after any combination of temporary total disability or temporary partial disability compensation have been paid. Please contact us if you need help with medical benefits or wage loss a Minnesota workers compensation attorney at Fields Law Firm is ready to help.

People who are:
1. Disabled;
2. Blind, or
3. Aged (age 65 or over),

And, who:
1. have limited income;
2. have limited resources; (things you own are worth less than $2,000)
3. are U.S. Citizens and residents; and
4. meet certain other requirements.

You must meet one of the first requirements and all of the second set of requirements to be eligible for SSI. If you have any questions regarding these requirements please contact us and one of our MN disability lawyers can help answer any of your questions.

Where do I complete my SSI Application?
A Minnesota SSI Application must be completed at your local Social Security office or over the phone. You cannot apply for SSI online. Prior to applying for SSI, it is best to set up an appointment to come into your local Social Security office to complete the SSI application, or to set up a telephone application appointment. You can call 1-800-772-1213 to do this. If you have any questions regarding Minnesota disability law please contact us for a free consultation.

What information does the SSI Application request?
An SSI Application requests detailed information about your background, including your full name, date and place of birth, information about your current and past marriages, information about your current work if any, military service information, information about the names and ages of your children, if you are entitled to a pension or annuity, and a description of your illness, injuries, or conditions that limit your ability to work.

What else must I do to complete my SSI Application?
In addition to filling out the SSI Application, you must complete a form called a “Disability Report & Work History Report.” You can complete this report at the time you apply if you apply in person at your local Minnesota Social Security Office, or you can complete it online prior to visiting your local Social Security Office. If you wish to complete the form online, go to www.socialsecurity.gov, click on Supplemental Security Income (SSI), then “How do I apply for Supplemental Security Income (SSI),” and then “Adult Disability Report.” By completing this report online prior to completing the SSI Application at your local Social Security office, it saves a significant amount of time for you and the Social Security staff during your appointment. If you are unable to complete the report because you do not have enough information, it will help prepare you for the SSI Application by telling you what information you need.

Medical Benefits
Workers who suffer a work-related injury may receive medical treatment and their employer and its workers’ compensation insurer must pay for it. There are two requirements for this treatment: (1) the medical treatment must be reasonable and necessary to treat he employee’s conditions; and (2) the medical treatment must be causally related to the work injury. As long as these two conditions are met, employees have a right to choose a doctor to treat them. Employees do not have to treat with a doctor who the workers’ compensation insurance company designates.

Wage Benefits
There are three types of wage loss benefits under the Minnesota Worker Comp Act:

• Temporary Total Disability
Employees who are completely unable to work because of a work injury are entitled to Temporary Total Disability (“TTD”) payments. This amount is calculated based on the employee’s average weekly gross wages from the 26 weeks prior to the work injury. The payment amount is 2/3 of this average weekly wage, and it is capped at $750 per week for injuries that occurred October 1, 2000 to September 30, 2008, and $850 per week for injuries that occur on or after October 1, 2008.

• Temporary Partial Disability
Employees who are able to work—but not as much or at a lesser paying position—are entitled to Temporary Partial Disability (“TPD”) payments. This amount is also calculated based on the employee’s average weekly gross wage for the 26 weeks prior to the injury. The compensation rate is 2/3 of the difference between what the employee earned at the time of the work injury, and what the employee is earning at the lesser paying job.

• Permanent Total Disability
Permanent Total Disability (“PTD”) benefits are available for workers who cannot work at anything other than sporadic employment. There are several requirements to meet this standard, though, which are complex and require expert medical and vocational opinions to meet. In cases where an employee suffers from a permanent and total disability, in addition to paying benefits to the employee, the employer must pay for the reasonable value of nursing services provided by a member of the employee’s family.

Vocational Rehabilitation Benefits
Vocational rehabilitation benefits are available under the Minnesota Workers Compensation Act. These benefits include an initial consultation with Qualified Rehabilitation Consultant (“QRC”). And, for employees who are eligible for rehabilitation benefits, medical case management from the QRC (the QRC comes to your doctor appointments and clarifies work restrictions), job search assistance from the QRC if the employee is not able to return to the same employer after an injury, and, for some employees, retraining benefits if they are not able to return to the same profession. If you have any questions regarding Minnesota disability benefits please contact us and a Minnesota workers compensation lawyer with Fields Law Firm can help.

Forms to complete:

• Application for Disability Insurance Benefits
To initiate a claim for disability benefits, you must submit and application. This can be done online, or a Social Security representative can complete the application with you at your local office. It is best to call your local Social Security office to make an appointment to come in and apply.

• Disability & Work History Report
After completing the Application for Disability Insurance Benefits, you must complete a document called a “Disability & Work History Report.” This form can be completed online immediately after completing the 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 applying for SSDI at your local office.

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

Ways to apply for disability benefits:

• Applying for SSDI Online
Applying for SSDI benefits online 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. 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. If you need help with the application process or have questions regarding Minnesota disability law please don’t hesitate to contact us.

• Applying for SSDI in Person
People who wish to apply for 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. If you have any questions regarding applying for disability benefits please contact us and one of our Minneapolis disability lawyers can help answer your questions.

1. Medical Benefits

Medical treatment is available for injured workers. Injured workers are entitled to choose their own treating doctor and any emergency treatment facility. Nonemergency surgeries must be preapproved by the workers’ compensation insurer.

2. Rehabilitation Benefits

Rehabilitation benefits are available for some employees who sustain an injury at work. These are vocational rehabilitation benefits; physical rehabilitation benefits are available too, but are covered under the medical benefits. The goal of rehabilitation is to return an injured worker to suitable employment after the injury.

3. Wage Loss benefits

There are several wage loss benefits available to injured workers:

• Temporary Total Disability
Employees who are completely unable to work are entitled to Temporary Total Disability payments. The payment amount is 2/3 of an employee’s average weekly wage, and it is capped at $850 per week for injuries that occur on or after October 1, 2008.

• Temporary Partial Disability
Employees who are able to work—but not as much or at a lesser paying position—are entitled to Temporary Partial Disability payments. The compensation rate is 2/3 of the difference between what the employee earned at the time of the work injury, and what the employee is earning at the lesser paying job.

• Permanent Total Disability
Permanent Total Disability benefits are available for workers who cannot work at anything other than sporadic employment.

4. Permanent Partial Disability Benefits

If an employee’s injury has reached maximum medical improvement—meaning the date at which no further significant recover can be anticipated—and part of that injury is permanent in nature, the employee may be entitled to a Permanent Partial Disability payment. The amount of this payment depends on the nature and extent of the employee’s condition, and is set forth in the Minnesota Workers’ Compensation Act.

Minnesota Work Comp Procedure
An insurer will not always approve of these benefits.

If any workers’ compensation benefits are denied, then the employee 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.

An employee can also file a Medical Request if medical treatment is disputed. This can claim that past medical bills be paid, or that recommended medical treatment be approved.

Employees 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. Please contact us if you have been injured on the job. We have a Minnesota workers compensation attorney ready to help answer any of your questions. There is never any charge to speak to one of our attorneys.