Christensen Law Office, PC Christensen Law Office, PC 2026-07-28T15:43:17Z https://www.siouxfallslaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1504019/2020/03/cropped-favicon-32x32.jpg On Behalf of Christensen Law Office, PC <![CDATA[Does permanent total disability mean you can never work?]]> https://www.siouxfallslaw.com/?p=48190 2026-07-15T15:46:58Z 2026-07-28T15:43:17Z Permanent total disability looks beyond your injury A medical diagnosis or impairment rating tells only part of the story. Two workers with similar injuries can face very different job prospects. The permanent total disability standard considers factors that affect your ability to find suitable work:
  • Your age and its effect on employment prospects
  • Education and training that prepare you for other jobs
  • Past work and skills that may transfer to a new role
  • Physical restrictions caused by your injury
  • The ability to retrain for another type of work
  • Suitable jobs available in your community
If you spent 25 years driving a truck or working construction, permanent restrictions may prevent a return to the work you know. Your background and available jobs help show whether another type of work is realistic.

Some ability to work does not always mean employability

The state's “odd-lot” doctrine can apply when you retain some ability to work but cannot secure regular employment with a steady income. You do not have to be physically incapable of every job for the doctrine to apply. For example, you might be able to sit for two hours, stand for 30 minutes and lift 10 pounds. Those abilities may suggest work capacity on paper. Yet, your work history and training may leave few jobs that fit those restrictions. Age and the local labor market can narrow the options further. Courts recognize that an injured worker may perform sporadic work yet remain unable to secure regular employment and steady income.

Permanent total disability claims require evidence

You will carry the initial burden of showing permanent total disability. Physical limitations combined with age, training and work experience may show that regular employment is not realistically available. Severe and continuous pain can also affect the ability to keep a job. A good-faith job search may show that suitable work is unavailable. Medical or vocational evidence may instead show that a search would be futile or that retraining is not feasible. Once an injured worker makes the required initial showing, the employer must show that suitable work is regularly and continuously available in the community. The worker still carries the ultimate burden of proving the claim.

Work capacity does not tell the whole story

A worker who spent decades in physical jobs may have fewer options after permanent restrictions than someone with training for less demanding work. Medical and vocational evidence can show whether the jobs a worker could perform on paper are realistic employment options. The ability to perform some work does not automatically rule out permanent total disability. The question is whether steady work that provides substantial income remains realistically available.]]> On Behalf of Christensen Law Office, PC <![CDATA[What can you expect from disability programs in South Dakota?]]> https://www.siouxfallslaw.com/?p=48191 2026-07-20T14:05:31Z 2026-07-24T14:02:00Z Understanding the payment gap between SSDI and SSI SSDI benefits are usually higher than SSI benefits because the programs use different eligibility rules. SSDI bases payments on your work history and lifetime earnings. SSI provides financial aid based on your income and available resources. The estimated average SSDI benefit is approximately $1,630 per month. On the other hand, SSI payments are generally much lower. The difference comes from how each program calculates benefits. SSDI payment amounts can reach a higher maximum for people with a long work history and high earnings. The maximum SSDI benefits can reach $4,152 per month for individuals with enough covered earnings. SSI payment limits change each year because of cost-of-living adjustments. South Dakota may also provide a state supplement to the federal SSI payment for some qualifying individuals who live independently or in certified care facilities.

Key factors that affect your disability payment

Several factors influence the amount of financial support you may receive. For SSDI, the Social Security Administration (SSA) reviews your average indexed monthly earnings (AIME). This calculation considers your highest-earning years and helps determine your primary insurance amount (PIA). Your past earnings and years of covered work have the biggest impact on your SSDI payment. Certain benefits or pensions may also reduce your payment through offset rules. SSI works differently. The program considers your income, resources and living situation. For example, your SSI payment may decrease if you receive financial support from others or live in another person's household.

What you can realistically expect from disability benefits

You should create financial plans based on realistic estimates instead of assuming you will receive the maximum payment. Many SSDI recipients receive between $1,000 and $2,000 each month, depending on their work history and earnings record. Your payment may fall closer to the lower end of that range if you:
  • Earned less during your career
  • Had gaps in employment
  • Worked fewer years in covered employment
SSI recipients who have no other income may receive close to the federal maximum payment. However, income from work or other sources can reduce the amount they receive. The type and amount of income you have will determine how much your payment changes. Because disability benefits may not cover every expense, consider your housing costs, medical needs and other monthly bills when planning your budget.

Additional support for qualifying family members

SSDI may provide additional benefits to certain family members through your work record. These auxiliary benefits can increase household income for eligible family members:
  • Children: Unmarried children under age 18 or children up to age 19 if they remain in high school.
  • Adult children with disabilities: Children who became disabled before turning 22 may qualify.
  • Spouses: A spouse may qualify if they care for your child who is under 16 or has a disability. A spouse who is 62 or older may also qualify in some situations.
Each eligible family member may receive up to 50 percent of your benefit amount before the family maximum limits apply. SSI does not provide dependent benefits because it focuses on a person’s financial needs.

Planning ahead with accurate benefit estimates

Before you make major financial decisions, request a personalized benefit estimate from the Social Security Administration. You can review your earnings history and estimated benefits through your my Social Security account. This information can help you understand what you may receive based on your work record. Disability benefits may also increase each year through cost-of-living adjustments, although these changes are usually modest. Understanding how disability payments work can help you prepare a stronger financial plan while you navigate the disability application process in South Dakota.

Making informed decisions about your disability benefits

Knowing how SSDI and SSI calculate payments can help you prepare for the future. Review your earnings record, request an updated benefit estimate and compare your expected payments with your monthly expenses. Taking these steps can help you prepare for the application process and make informed decisions about your financial needs.    ]]> On Behalf of Christensen Law Office, PC <![CDATA[Workers’ compensation fraud: What you need to know]]> https://www.siouxfallslaw.com/?p=48192 2026-07-22T15:38:45Z 2026-07-22T15:38:07Z Workers' compensation fraud can take many forms Workers' compensation fraud can involve workers, employers, health care providers and insurance companies. For employees, it generally involves intentionally providing false information to obtain benefits. Common examples include:
  • Falsifying a workplace injury to obtain benefits
  • Exaggerating physical restrictions or time away from work
  • Working while falsely claiming an inability to earn income
  • Billing for treatment that was never provided
  • Misclassifying employees or concealing payroll information
Not every mistake or disagreement amounts to fraud. If your symptoms change during recovery, you need to correct information on a form or you disagree with the insurance company's decision, that alone does not mean you committed fraud. Fraud requires intentionally providing false information to deceive someone for financial gain.

Fraud can carry serious consequences

South Dakota law treats workers' compensation fraud seriously. Depending on the circumstances, a person who knowingly files a fraudulent claim may lose benefits, repay benefits obtained through fraud or face criminal penalties. Not every claim moves through the process in exactly the same way. If questions arise, insurance companies or the appropriate state agencies may review medical records, interview witnesses and gather other evidence before deciding whether fraud occurred. That review is meant to gather facts, not assume wrongdoing.

How to help prevent false fraud accusations

If you are preparing to file a claim or already have one pending, you may worry about doing something that makes your claim look suspicious. In many cases, questions arise not because someone intentionally committed fraud, but because information changes over time or does not match across medical records, claim forms and other documents. The following practices can help support your claim throughout the process:
  • Report the workplace injury consistently from the beginning of the claim
  • Describe your symptoms and physical limitations accurately as they change
  • Follow the work restrictions your treating provider places on you
  • Keep medical records and other claim documents that reflect your treatment
  • Update your employer or the insurance company when your work status changes
These steps cannot prevent every dispute or investigation. They can, however, create a clearer record of your injury and recovery if questions arise later.

Not every investigation points to fraud

If your claim receives additional review, try not to assume the worst. An investigation is meant to gather facts, not confirm guilt. Requests for more information, interviews or a review of your medical records do not automatically mean someone believes you committed fraud. What matters is whether the available evidence supports your claim. By understanding how fraud is defined and keeping your claim accurate and consistent from the start, you can help reduce misunderstandings and better prepare for each stage of the workers' compensation process.]]> On Behalf of Christensen Law Office, PC <![CDATA[4 scenarios when you can sue for a work accident in South Dakota]]> https://www.siouxfallslaw.com/?p=48186 2026-06-04T17:48:10Z 2026-06-04T17:48:10Z If you suffered a work injury, you may believe workers' compensation is your only financial lifeline. But that is not always the case. In some situations, you also have the right to file a personal injury lawsuit.

What the exclusive remedy rule means for you

The exclusive remedy rule is a legal principle that limits your options when you suffer a workplace injury. South Dakota law establishes workers' compensation as your exclusive remedy against your employer. In simple terms, this rule requires you to rely on workers' comp benefits rather than taking your employer to court. It covers your medical bills and lost wages, but it also prevents you from filing a personal injury lawsuit directly against your employer.

How dual claims can expand your recovery

However, the exclusive remedy rule only limits claims against your employer. A dual claim allows you to file a workers' comp claim and a personal injury lawsuit against a third party at the same time. This approach can significantly increase the compensation you recover.

Four common scenarios where dual claims are possible

Meanwhile, understanding when a dual claim applies can make a real difference in your recovery. In fact, your situation may qualify if it falls under one of these four common scenarios:
  • Multi-employer construction sites: If a subcontractor or general contractor from another company caused your injury, you can file a lawsuit against that company.
  • Defective equipment: If a faulty machine, tool or safety gear injured you due to a manufacturing or design defect, you may hold a product liability claim against the manufacturer.
  • On-the-job motor vehicle accidents: If a careless driver hit you while you were making deliveries or traveling between job sites, you can file a claim against that driver.
  • Premises liability: If your employer sent you to an off-site location and a hidden hazard injured you, you may hold a claim against the property owner.
These scenarios all involve a party outside your employer, which is key to pursuing a dual claim. In some cases, however, the party responsible may be your employer themselves.

Can you ever sue your employer directly?

If your employer deliberately caused your injury, rather than simply being careless, you may have grounds to sue them directly under intentional misconduct. The following situations can trigger this exception:
  • Assault and battery: An employer or manager physically attacks you on the job.
  • Fraud or concealment: Your employer intentionally hides known workplace toxins, causing a preventable illness.
  • Deliberate equipment alteration: Your employer disables a safety guard to increase production speed, making injury nearly certain.
Intentional misconduct cases are not common, but they are significant. Whether your claim involves a third party or your employer directly, knowing your options is the first step toward protecting your recovery.

Protect your rights and recovery

A work injury affects more than just your body. It affects your income, your family and your future. Fortunately, workers' compensation is often just the starting point. Depending on your situation, you may have additional paths to fair compensation that you have not yet considered. Thus, understanding the full scope of your rights puts you in a stronger position to make informed decisions about your next steps.]]> On Behalf of Christensen Law Office, PC <![CDATA[Workers’ comp: Transitioning to permanent disability benefits]]> https://www.siouxfallslaw.com/?p=48185 2026-03-30T13:01:48Z 2026-03-30T13:01:48Z Your back still hurts every morning, but your doctor in Sioux Falls, South Dakota declared you at maximum medical improvement (MMI) anyway. Temporary disability checks stopped, and now an insurance company doctor wants to examine you and assign a permanent rating. That single number will determine whether your settlement covers your bills or leaves you struggling for the rest of your life.

What maximum medical improvement means for your claim

South Dakota Law defines MMI as the point when your condition stabilizes and further treatment will not significantly improve your ability to work. Once your doctor declares MMI, temporary disability benefits end. This shift often creates a gap in income while the insurance company evaluates your permanent status. The focus then shifts to determining whether you have a permanent disability and how severe it is.

The independent medical examination process

After you reach MMI, the insurance carrier may send you to an independent medical examination (IME). A doctor chosen by the insurer checks your condition and gives you a permanent disability rating. That rating controls your settlement amount. IME doctors often give lower ratings than your own doctor, and when the two reports disagree, your case can stall or go to a hearing.

How permanency ratings shape settlement offers

Your permanent disability rating translates into weeks of compensation under South Dakota law. South Dakota typically offers permanent disability as a lump sum settlement rather than ongoing weekly checks, though structured payments may be available in some cases. Common factors that influence your rating include:
  • Loss of range of motion or strength in the injured area
  • Chronic pain that limits your ability to perform job duties
  • Need for ongoing medical treatment or physical restrictions
A lower rating means a smaller settlement, which may not cover your long-term needs if you cannot return to physical work.

What happens if you dispute the rating

You can fight a permanency rating by showing medical records from your treating doctor. The South Dakota Department of Labor and Regulation may hold a hearing where both sides present proof. Without strong medical records, the original rating may stick and your workers’ comp claim may fail.

Why legal guidance matters at this stage

An attorney experienced in South Dakota workers' compensation can review IME reports and challenge unfair ratings. A lawyer can also gather medical evidence and represent you at a hearing if the insurer refuses a fair settlement. You spent years working with your hands, and one rating should not decide your future.]]> On Behalf of Christensen Law Office, PC <![CDATA[Should you hire a lawyer for your South Dakota workers’ compensation claim?]]> https://www.siouxfallslaw.com/?p=48184 2026-03-27T05:11:56Z 2026-03-27T05:09:54Z When you might be able to handle a claim alone If your injury is objectively minor (such as a small laceration requiring minimal treatment or a mild strain) and your employer formally admits the incident occurred during the scope of employment, you may not require an attorney. In these cases, the system functions as intended, providing a direct bridge back to health. If the insurance company is fulfilling its statutory obligations under SDCL Title 62 and you are satisfied with the medical care provided by the employer-selected physician, legal intervention may be unnecessary.

4 warning signs that you need an attorney immediately

If your case involves "red flags" that suggest a conflict of interest, attempting to negotiate alone could cost you thousands of dollars in future benefits. In 2026, insurance carriers are increasingly aggressive in limiting their long-term liability through the following tactics:
  • The 3-day window denial: South Dakota law requires injuries to be reported within three business days. Insurers often use minor delays to deny valid claims.
  • Permanent Partial Disability (PPD): If your injury results in a permanent impairment rating, the insurer will often attempt to "lowball" the settlement based on outdated tables.
  • Disputed "work-welatedness": Claims that you were "horsing around" or that the injury occurred off-the-clock require forensic evidence and witness statements to overcome.
  • Premature return to work: If a company-appointed doctor clears you for full duty while you are still in significant pain, your long-term health is at risk.
These challenges often require a petition for a hearing before the Department of Labor. Without an attorney to cross-examine medical experts and present objective vocational data, an injured worker is at a severe disadvantage against an insurance company’s legal department.

Understanding the contingency fee structure

Many injured workers hesitate to seek counsel due to concerns over legal costs. However, workers' compensation attorneys operate on a contingency fee basis, ensuring that professional advocacy is accessible to everyone regardless of their current financial status.
  • No upfront retainers: You are not required to pay hourly rates or out-of-pocket costs to initiate your case.
  • Performance-based pay: Your attorney only receives a fee if they successfully secure a settlement or win a judgment at a hearing.
  • Statutory oversight: In South Dakota, attorney fees in these cases are regulated and typically represent a percentage of the "new" or disputed money recovered for you.
This fee structure aligns your attorney's interests with your own, as they are motivated to maximize the value of your claim. By removing the financial barrier to entry, the law ensures that injured workers have a level playing field when facing multi-billion dollar insurance corporations. Contact a lawyer if you have any questions about your workers’ compensation claim.  ]]> On Behalf of Christensen Law Office, PC <![CDATA[Do pre-existing conditions affect workers’ comp benefits?]]> https://www.siouxfallslaw.com/?p=48177 2026-02-04T08:02:48Z 2026-02-03T15:05:00Z Pre-existing conditions may still qualify for benefits A pre-existing condition does not automatically disqualify you from workers’ compensation benefits. What matters is whether your job caused a real change in your condition or made it worse. Employers and insurance companies may argue that pain or disability existed before the work injury, but that alone does not result in a denied claim. Workers’ compensation may still apply if:
  • Your job aggravated or accelerated a prior condition
  • You could perform the job before the injury but cannot work the same way afterward
  • A specific work event caused new symptoms or increased pain
  • Medical records show a measurable change in your ability and capacity after the work injury
South Dakota law focuses on causation, not perfection. A spotless medical history is not required for a claim to progress. Many workers with back problems, joint injuries or chronic conditions pursue workers’ comp benefits when their job clearly makes the condition worse. After a work injury, your medical records play a major role. Comparing records from before and after the injury can help show whether your condition changed. Clear documentation can illustrate how job duties affected your health, even when a medical condition existed beforehand.

Misconceptions about pre-existing conditions

The way a claim is discussed at the beginning can create false assumptions. One common myth is that only brand-new injuries qualify for benefits. Another is that acknowledging a prior condition ruins a claim. Your medical history does not cancel out the impact of a work injury. The key issue remains whether job duties contributed to a change in your condition or increased symptoms. Insurance companies may also suggest that you should have expected the injury because of a prior condition. That framing overlooks the physical demands of many jobs. Repetitive motion, heavy lifting and long hours can place added strain on the body. Workers’ compensation laws recognize that work can play a meaningful role in causing harm, even when a condition already exists.

What this means in South Dakota

When a work injury prevents you from returning to your job, especially in permanent total disability situations, the details matter. These cases often hinge on medical evidence, long-term work restrictions and how your condition changed over time. A pre-existing condition does not erase rights under South Dakota workers’ compensation law. When work makes a condition worse or creates new limitations, the law may still apply. In these situations, the outcome often depends on how clearly medical records and work history show a change caused by the job.    ]]> On Behalf of Christensen Law Office, PC <![CDATA[3 common mistakes in PTD claims and how to avoid them]]> https://www.siouxfallslaw.com/?p=48180 2026-02-02T11:58:00Z 2026-02-02T11:32:26Z Permanent total disability (PTD) claims can be challenging and emotional. Many workers pursuing these claims may encounter hurdles that can lead to delays or complications in receiving benefits. With careful preparation, these common issues can often be minimized.

1. Missing medical documentation

One of the most frequent mistakes in PTD claims involves incomplete medical records. For instance, a construction worker with a severe back injury might file a claim without recent evaluations from a specialist. If the records do not clearly describe how the injury limits daily life over the long term, the claim may face delays. When documentation is incomplete, insurance reviewers may question the severity of an injury. This can lead to repeated requests for more evidence and longer waiting periods. Experience suggests that keeping an unbroken, organized history of your medical care — from every provider you see — often helps support a smoother process.

2. Misunderstanding "suitable work" rules

Some people might assume that being unable to return to their old job automatically qualifies them for PTD benefits. However, in South Dakota, the "Odd-Lot" rule usually means you need to show that your injury, combined with your age and education, makes it very difficult to find steady work in your local community. If a retail employee cannot return to heavy lifting, they may still need to show that retraining or lighter work is not a realistic option for them. Providing evaluations from labor or personal injury experts can help explain why finding a regular job is unlikely, rather than just showing that you cannot do your previous tasks.

3. Ignoring tight reporting deadlines

Timing is often the most critical part of a claim. In South Dakota, workers are generally required to provide written notice of an injury to their employer within three business days. Waiting too long to report an incident or file a claim can lead to a denial or a difficult appeals process. Missing these early deadlines can create significant financial stress. To help stay on track, it is useful to:
  • Report the injury immediately: Provide a written notice to your employer as soon as possible.
  • Confirm all dates: Check with the insurer or the state workers' compensation office to ensure you know the windows for filing formal paperwork.
  • Keep a paper trail: Save copies of every form, letter and email you send or receive.
Those going through these complexities may find it helpful to consult with someone familiar with local South Dakota laws. Professional legal guidance can help you present a clear and consistent picture of your situation from start to finish.

Building a stronger claim

Attention to detail can make a significant difference in how a PTD claim moves through the system. Staying proactive with your medical care, understanding how your local job market affects your status and meeting short deadlines are often the most effective ways to build a credible permanent disability case.]]> On Behalf of Christensen Law Office, PC <![CDATA[Is your employer required to carry workers’ comp in South Dakota?]]> https://www.siouxfallslaw.com/?p=48179 2026-01-30T15:48:52Z 2026-01-30T15:45:27Z The reality of ‘voluntary’ coverage South Dakota law does not force private companies to provide workers’ compensation insurance. While most states mandate this protection, our state leaves the choice to the business owner, creating significant uncertainty for people in fields such as agriculture, construction and manufacturing. If an employer decides to save money on premiums, they aren't just leaving you at risk; they are also taking a massive gamble themselves. Under state law, an uninsured employer faces a "double penalty." Injured workers can hold them liable in civil court for medical expenses plus twice the amount of standard disability or death benefits. This risky choice fundamentally changes the legal landscape of your recovery.

Steps to confirm your protection

You should not wait for an emergency to find out if you are covered. While South Dakota requires workplace safety posters, many businesses that offer workers’ comp coverage don't always include specific insurance details in plain sight. You can take these proactive steps to verify your status:
  • Ask your HR department or manager for the name of the insurance provider and a copy of the policy’s "Certificate of Insurance."
  • Contact the South Dakota Department of Labor and Regulation, Division of Labor and Management, to verify coverage.
  • Use the state’s online verification database to search for active policies associated with your employer’s legal name.
Taking these steps now ensures you aren't scrambling for answers while sitting in an emergency room. Having the carrier’s name on hand allows you to file a claim immediately and gives you peace of mind.

Taking action against employers lacking coverage

For uninsured employers, the "exclusive remedy" rule, which usually prevents you from suing your boss, does not apply. Instead, you regain the right to file a personal injury lawsuit in civil court. This legal path allows you to seek compensation for "pain and suffering," something the standard workers' comp system does not cover. In these cases, South Dakota law actually tips the scales in your favor. Because the employer failed to provide insurance, they often cannot use common legal defenses, such as claiming the accident was your fault or that it was a "normal risk" of the job. Essentially, the law makes it harder for an uninsured company to dodge responsibility. You can find more details on these rights in the DLR’s employee guide to workers' comp.

Tips for preparing a personal injury case

Because suing an uninsured employer requires proving fault, the quality of your evidence is everything. You are moving from a simple administrative claim to a full civil litigation process. To give yourself the best chance of success, follow these tips:
  • Document the hazard: Take photos or videos of the specific equipment, floor condition, or lack of safety gear that caused the accident before the scene is cleaned or changed.
  • Identify witnesses: Collect the names and personal phone numbers of coworkers or bystanders who saw the incident or were aware of the dangerous condition beforehand.
  • Seek immediate care: Visit a doctor right away and explicitly state that the injury happened at work so they record it in your official medical history.
  • Keep a "pain diary": Track how the injury affects your daily life, sleep, and ability to perform basic tasks to help quantify "pain and suffering" damages.
  • Save financial records: Keep every receipt for prescriptions, copays, and even transportation costs related to your medical appointments.
Gathering this information immediately prevents important details from fading or being lost by the company. Strong documentation serves as the backbone of your claim, making it much harder for an employer to dispute the facts of what happened.

Challenges of suing an uninsured business

Filing a lawsuit against an uninsured employer comes with unique hurdles. Even if a judge awards you double benefits and damages, a business claiming that it cannot afford insurance might not have the assets to pay the judgment. Furthermore, civil litigation moves more slowly than the state-administered workers’ compensation system. You must weigh the potential for a larger payout against the time it takes to reach a resolution. South Dakota employment law and personal injury often collide in complex ways. You need skilled legal guidance to protect your rights and explore every avenue for recovery, including the “double benefit” penalty. Working with an experienced lawyer who can help you understand the rules and right to compensation is the best way to secure the financial support you need for a full recovery.]]> On Behalf of Christensen Law Office, PC <![CDATA[Getting workers’ compensation and SSDI: navigating dual benefits]]> https://www.siouxfallslaw.com/?p=48175 2025-12-05T17:18:17Z 2025-12-05T17:18:17Z Know the facts about getting workers’ comp and SSDI at the same time Injured workers need to be up to date on the necessary steps when they are injured on the job and apply for workers’ compensation benefits. In addition, many might not know that while they are receiving workers’ comp, they could also be eligible for SSDI. The most important aspect to understand is the offset and the accompanying percentages. Workers can receive workers’ comp and SSDI. To do so, they must qualify for both. For workers’ comp, that includes an injury or illness that came about because of their work. A construction worker, for example, who suffers a back injury can seek benefits while they are receiving treatment. With SSDI, they must have been unable to work for a minimum of 12 months. If the construction worker’s back injury was of sufficient severity that it left them unable to work at all, then SSDI could be an option. Before proceeding, the worker needs to know that there is a cap of 80% of what they were earning at the time the injury or illness happened. The amount the worker receives from workers’ comp and SSDI are combined. When the amount goes beyond 80%, there will be an offset. If there is an excess, it is deducted from SSDI. Some workers choose to accept a lump sum settlement in lieu of a regular workers’ comp payment. This can also affect their SSDI payments if they are getting both at the same time. The same general principles for an offset apply with a lump sum. The primary difference is that the Social Security Administration will calculate how much the monthly amount would be based on the lump sum. Again, if it goes beyond 80%, there will be an offset. Medicare is impacted when a person is approved for SSDI. The person must wait for 24 months before getting Medicare after they started getting SSDI.

It is important to have help when seeking simultaneous benefits

After a work injury, a person’s future will be uncertain. Medical costs, lost time at work, the possibility of not being able to return to work at all, and other challenges will come up. Dual disability benefits might seem daunting, but it is possible to receive both. Workers’ compensation and SSDI will have an offset, but that is still 80% of the wages at the time of the injury. A crucial aspect to receiving both is to have assistance to ensure the forms are filled out properly and issues can be addressed as they come up. This is key from the start.]]>