Workers Compensation vs. Social Security Disability (SSD) 

There are several similarities in qualifying for Permanent Total Disability (PTD) benefits and Social Security Disability (SSD) benefits. Both require the injured worker to prove they are unable to work. However, there are also several differences too. Some of the similarities and differences in qualifying for PTD vs SSD are:

  1.       Major Contributing Cause of Injury
In order to receive Permanent Total Disability if you were hurt at work in Florida, you must prove that your disability occurred as a result of an on the job accident and injury. This means that if the accident and injury must have occurred during the course and scope of your employment and the major contributing cause (MCC) of your disability was from the work accident. If you establish the MCC, then you may be eligible for PTD benefits. However, in order to receive Social Security Disability benefits, you do not need to prove how the injury occurred. You simply need to prove that you are unable to perform substantial gainful activity (SGA). So if you were at work and slipped and fell while on your way to the bathroom, you should be entitled to both, workers’ compensation benefits and social security disability benefits since SSD covers
both on the job injuries and non-job-related disabilities.

2. Severity of Injury

Under Florida’s workers’ compensation law, the employer/carrier must provide lost wage benefits and medical benefits to injured workers who have suffered on the job injuries. If you suffered a severe injury resulting in an inability to perform work, you may be eligible for PTD benefits. Even if you have suffered a minor injury, you may still be entitled to Temporary Partial Disability (TPD) benefits. However, there is no temporary disability benefits with Social Security Disability (SSD). In order to be eligible for SSD benefits, you must have a disability that prevents you from working under the federal Social Security Act. There is a 5 step process for securing SSD benefits and you can learn more at www.ssa.gov which is the Social Security Administration’s (SSA) website.

3. Eligibility for Benefits

In Florida, in order to be eligible for workers’ compensation permanent total disability benefits (PTD), you must prove that you are unable to perform even sedentary work within a 50 mile radius of your home. You must be considered an employee and not an independent contractor to be eligible for workers’ comp benefits. On the other hand, to be eligible for Social Security disability benefits, you simply must have worked 20 out of 40 quarters and paid into the system. If you do not have enough credit hours, you may still qualify for Supplemental Security Income (SSI). SSI benefits are limited and depend on the status and amount of your personal assets. Workers earn Social Security “credits” each quarter in order to qualify for SSD. Under Florida’s workers’ compensation laws, credits are not necessary. An employee that was hurt at work in Florida could qualify for workers’ comp disability benefits within minutes after working for the employer.

4. Application Process

The application processes for applying for workers’ compensation benefits and Social Security Disability benefits is very different. To apply for PTD in your workers’ compensation case, you must first make a good faith effort to request the benefit, then you can file a petition for benefit (PFB) seeking permanent total disability benefits.

To apply for SSD, you must complete an initial application with the Social Security Administration (SSA). Often, you will get denied SSD and then you must file a request for reconsideration and then a request for hearing. In workers’ compensation, unless the employer/carrier administratively accepts you as PTD, the Judge of Compensation Claims (JCC) will hold a final hearing within 210 days of the PFB to determine whether you are permanently and totally disabled.

5. Types of Disability Benefits

The types of disability benefits available through workers’ compensation and Social Security are different. Workers’ compensation provides allows for temporary total disability (TTD), temporary partial disability (TPD), permanent total disability (PTD), and permanent partial disability or impairment benefits (IBs). Social Security Disability (SSD) provides for only permanent disability or disabilities lasting or expecting to last 12 months. If you are unable to work, you may be eligible for workers’ compensation benefits, social security disability benefits, or both.