Oklahomans who cannot work due to a disabling medical condition may be entitled to disability benefits from the Social Security Administration. However, even people with qualifying medical disabilities often have trouble obtaining disability benefits and receive rejection notices initially. As a result, many people who bring Social Security Disability Insurance benefits have to file appeals and fight hard for benefits. It can be a daunting bureaucratic process, particularly while recovering from an injury. A knowledgeable Oklahoma City disability benefits attorney guiding you and protecting your rights can make all the difference in the outcome.
At Ryan Bisher Ryan & Simons, our Oklahoma City disability benefits attorneys are committed to helping disabled Oklahomans obtain the full benefits they are entitled to by law. Senior partner Philip D. Ryan focuses his law practice on assisting disabled clients to pursue benefits. He has represented clients at more than 3,000 Social Security Disability Insurance hearings and has an active role in the disability cases the law firm handles. Mr. Ryan currently serves as chairman of the Disability Law Section of the Oklahoma Bar Association and has authored the book, “Seven Costly Mistakes that Can Ruin Your Disability Claim (and How to Avoid Them).” Our law firm has been assisting injured and disabled Oklahomans since 1984 and we take pride in the attentive, one-on-one service we provide clients.
If you have a medically diagnosed disability and are having difficulty obtaining disability benefits, contact a knowledgeable and caring Social Security Disability benefits attorney in Oklahoma City. Contact Ryan Bisher Ryan & Simons. Let us review your disability and discuss your options for pursuing benefits.
What Types of Social Security Disability Benefits Are Available?
The Social Security Administration offers two primary types of disability benefits to Oklahomans who are disabled and cannot work.
The disability benefits available from Social Security are:
The Social Security Administration administers the two programs. Both require the determination of a medical disability. However, they have different eligibility requirements and provide different levels of financial benefits.
SSDI benefits are available to workers who have become disabled and contributed to the Social Security system for enough years to be insured and qualify for disability insurance. To be eligible, you must have a medically diagnosed, physically or mentally disabling condition that keeps you from working and that is expected to last at least a year or be terminal. SSDI also provides benefits to people with disabilities who are dependents of insured individuals. A disabled person’s spouse and dependent children can collect additional benefits.
SSI is a program for disabled individuals with minimal assets and little or no income who have never been employed or worked long enough to qualify for SSDI benefits. SSI provides cash assistance to cover basic needs such as food, clothing, and housing.
Oklahoma Workers’ Compensation Disability Benefits
Oklahomans who sustain injuries in the course of performing their jobs and become temporarily or permanently disabled also may qualify for disability benefits through their employer’s worker’s compensation insurance. Workers’ compensation insurance provides coverage for medical care for work-related injuries or illnesses and payments for temporary disability as well as pay for permanent disabilities.
Under Oklahoma law, workers’ compensation offers no-fault insurance. This means that it provides benefits regardless of who caused your work-related injury. However, injuries that occur outside the scope of your employment are typically not covered by workers’ compensation insurance.
The Two Types of Temporary Disability Benefits
Workers’ compensation pays two types of temporary disability benefits to replace lost wages when an employee cannot work due to a work-related injury.
- Temporary partial disability (TPD)—A worker may qualify for workers’ compensation TPD payments to replace some lost income if the worker can perform alternative work but cannot earn as much as they made before the workplace accident.
- Temporary total disability (TTD)—A worker who is disabled and cannot work for a while after a work-related accident may receive workers’ compensation TTD payments. The payments for temporary total disability are calculated to be 70 percent of the injured worker’s average weekly wage. Workers can receive wage replacement disability benefits if they cannot work, but there are some time limits based on specific medical conditions. The treating physician determines whether the worker is disabled.
Workers’ compensation insurance also benefits injured employees with permanent disabilities from on-the-job accidents.
How Much Can I Receive Through Oklahoma Disability Benefits?
The size of the Social Security Disability Insurance checks you can receive is based on your lifetime average earnings covered by the Social Security system. Most disabled Oklahomans receiving SSDI benefits receive between $700 and $1,700 monthly. Disabled Oklahoma workers received an average monthly Social Security Disability benefit of $1,197 in 2018, according to a Social Security fact sheet.
Claims examiners at the Disability Determination Services Office, a Division of the Oklahoma Department of Rehabilitation Services, review applications for SSDI benefits and decide whether applicants have qualifying disabilities based on medical evidence and other factors. The applications require numerous supporting documents, and any missing documents or inconsistency in the information provided can cause a denial.
More than 75 percent of applicants receive a denial letter after reconsidering their application.
Who Can Receive SSDI Benefits in Oklahoma?
Oklahomans who are disabled or have a disabling condition that is expected to continue a year or longer or have a terminal illness may qualify for SSDI benefits. The disabling condition must interfere with your ability to work or adapt to other types of work.
More than 125,000 disabled workers in Oklahoma received disability insurance benefits in 2017, according to Congressional Statistics.
In addition to the disabled, the following are eligible to receive SSDI benefits:
- Disabled Widows and Widowers— The death of a working spouse who was the family breadwinner can cause financial hardship for disabled dependents, but SSDI does provide a safety net. A disabled widow or widower may have a right to claim Social Security disability benefits if their working spouse passes away. These benefits can offer a significant source of income if you meet the eligibility criteria. To qualify for SSDI’s disabled widow or widower cash assistance benefits, you must be between 50 and 60 and comply with the Social Security Administration’s strict definition of disability.
- Children of Disabled Workers— A child, stepson or stepdaughter, or dependent grandchild of a disabled individual may be eligible to receive SSDI benefits if the child is under the age of 18 and not married or up to age 19 if a full-time high school student. Each qualifying child may receive a monthly payment of up to half the disabled individual’s price, but there is an overall cap for the amount of SSDI benefits a family may collect each month.
- Adult Disabled Since Childhood Benefits — An adult still living with a disability diagnosed in childhood may be eligible to claim Social Security disability assistance based on a parent’s earnings if the parent is receiving retirement or disability benefits or is deceased.
Contact an Oklahoma City Disability Benefits Attorney
Whatever disability you have, you need to understand the range of disability benefits available to assist you and your family in Oklahoma. Working with a knowledgeable Oklahoma City disability benefits attorney can make the SSDI application and appeals process go more smoothly. If you are unfamiliar with the process, it can be complicated to gather all the necessary medical evidence of a disability and follow all the instructions to seek disability benefits. Our knowledgeable disability attorneys at Ryan Bisher Ryan & Simons represent SSDI applicants throughout the Oklahoma City area. Contact our workers’ compensation lawyer to arrange your free initial consultation.
