Understanding Temporary and Permanent Disability

The workers' compensation system is intended to help injured employees address the financial effects of a workplace injury. As such, it is designed to serve as a temporary measure that fulfills a very specific set of needs for an injured worker and his or her family. But in instances where one suffers from an illness or physical ailment that leaves them unable to work for a significant length of time, it is instead the Social Security Disability Insurance system that supplies the necessary relief. The two primary forms of disability are Temporary Partial Disability and Permanent Total Disability.Since the determinations regarding benefits are made by a government agency, the bureaucratic hoops through which a disabled person must jump are considerable. The filing process is lengthy, and the vast majority of claims are denied upon receipt and review of the initial application for benefits. Commonly, these rejections are due to minor procedural and clerical errors of the submitted claim. But although they can be easily corrected once the problems are drawn to your attention, it still may delay the final approval and distribution of benefits for months, forcing your family to dig deep into savings if you have them.The Quirks of the Filing ProcessOne key distinction between the workers' compensation system and the SSDI benefits scheme as that eligibility for SSDI benefits does not require that your injury have been sustained in the workplace or in the performance of work related tasks. This is a fact that is often confused by workers who are unfamiliar with the structures in place to protect them if they become seriously hurt and one that is essential to ensuring that the appropriate steps are taken in the time allotted by the law. Some important statistics about the disability process to bear in mind are:
Approximately 30 % of claims are initially approved
15 % more are approved upon application for reconsideration
Nearly 60 % of claims that reach the hearing phase after appeals are approved
It can be more than 18 months from your initial filing until a final determination is made The length of anticipated disability, as well as the rated degree of disability ascertained through a formal medical evaluation with an approved physician, determines how long you can receive benefits and at what level you will be compensated for them. Temporary benefits are available when there is an expectation that you will be unable to work for a year or more, and permanent benefits are available when there is no likely recovery.For Help with Your FilingTo prevent costly filing errors and to present the strongest case possible, it is advisable to work with a skilled and experienced attorney. Contact the Raleigh disability lawyers of Scudder & Hedrick, P.L.L.C., to take the next step.