Category: Social Security Disability

There is a misconception that Social Security Disability Insurance (SSDI) benefits are just for older people. That’s a dangerous assumption, as it may prevent younger injured or disabled people in North Carolina from seeking the benefits they need.

In this article, I’ll answer questions that disabled younger workers commonly ask me as a Social Security Disability lawyer. And if you’re injured and need to know if you’re eligible for Social Security Disability benefits, call us today at 1-866-900-7078 or contact us online for a free professional opinion on your case.

What Is the Definition of a “Young Worker?”

Many people expect all Social Security Disability Insurance applicants to be older. But, while most applicants and beneficiaries are over 50 years old, younger workers who meet the eligibility criteria can also receive needed benefits.

People 18-22 Years Old

Disabled people under age 22 may qualify for the SSDI “Disabled Adult Child” benefit. These benefits are linked to the parents’ work and earnings histories. Young people may be eligible for these benefits if their parent or parents are on Social Security Disability or retirement benefits or if one or both parents are deceased.

Note that people aged 18-22 may be insured for SSDI with just six quarters, or 1.5 years, of work. They can also apply for Title XVI benefits, known as Supplemental Security Income (SSI).

People Who Are 22+ Years Old

If you are 22 or older, you must satisfy the “recent work” and “duration of work” tests established by the Social Security Administration (SSA).

Recent Work Test: Before age 24, you may be eligible if you have six quarters of work credit (1.5 years of work) in the three-year period that ended when you became disabled. From age 24 -31, you generally need to have worked half of the time between age 21 and when you became disabled. For example, if you were disabled at age 27, you would generally need 12 credits (3 years of work) since age 21 (six total years) to be eligible.

Duration of Work Test: If you are disabled before you turn 28 years old, you generally need to have worked for 1.5 years to be eligible for benefits.

Example: Mike fell off a roof while working as a painter, injuring his back and disabling him. He turns 24 in three months. He could be eligible for benefits if he worked for 18 months out of the 36 months leading up to his injury.

What Are Common Disabling Injuries for Young People?

For the most part, younger workers face the same threats of disabling injuries as older workers, such as:

	Slip and falls
	Burns (chemical, electrocution, and fire-based)
	Lifting injuries
	Contact with objects (such as being caught in machinery)

Car accidents are also a considerable threat to disable younger people, as they are to all drivers. Many younger people are more likely to participate in “gig economy” jobs that involve driving people or delivering products or food. That kind of work exposes them to a higher risk of car accident injuries, which can take many forms and be disabling.

Illnesses are also not unique to older people. Long-term or crippling illnesses can strike young people as well. Things like cancer and even heart problems are not necessarily age-dependent and can result in disability.

Young people can also become disabled from using a defective drug or product or by a doctor’s medical malpractice.

Why Are Younger Workers Injured More Often at Work?

According to one study, American workers aged 15-24 are up to 2.3x more likely to be injured at work due to workplace hazards associated with younger workers and their jobs, such as:

• the fast pace of work
• inadequate experience
• inadequate supervision
• insufficient safety training

I’ve been helping Social Security Disability applicants for a long time, and I’ve helped quite a few people who most would consider “young” by Social Security Disability Insurance standards. Disability may be more likely as you get older, but unfortunately, it can strike at any time and for any number of reasons. Even if you’re “too young for this to happen,” my team knows how to help you.

Seek Benefits if You’re Disabled, Even if You’re Young

There are many younger people out there struggling unnecessarily when life-changing benefits are available to them. These cases are challenging, however, because the Social Security Administration may be biased against younger applicants due to how Congress originally wrote the Disability regulations. But you don’t have to face this alone.

Having an experienced Disability lawyer on your side can significantly increase your odds of success.

My firm’s mission is to fight for injured people facing difficult circumstances. We’re proud of our You-First Policy that has helped us achieve great results while providing a great client experience.¹

And I’ve chosen my team to try to give you the best possible chance of getting the benefits you need. Several members of my team have prior experience working inside the Social Security Administration.

If you’re injured and unable to work, you are not alone, whatever your age. We can evaluate your case for free and help you decide on the best next steps for you. Call us at 1-866-900-7078 or contact us online today.

Frequently Asked Questions

As a Disability attorney, a question I hear often from Social Security Disability (SSD) clients who also received workers’ compensation benefits is, “Why does my SSA-1099 form show a higher amount of Disability benefits than I actually received?” The answer to this question involves the coordination of benefits between Social Security Disability income and workers’ compensation income and workers’ compensation offsets.

Sometimes, your SSD benefits are reduced because of the workers’ comp benefits you receive. This is so you don’t exceed the combined total of benefits you’re allowed to receive by law. Because the IRS treats workers’ compensation payments and Social Security Disability payments differently for tax purposes, though, things can get tricky. Workers’ comp benefits are generally not taxable, whereas SSD benefits can be taxable depending on your financial situation.

The amount on your SSA-1099 form is the likely amount of benefits you owe taxes on, not necessarily the amount you received in SSD benefits.

Below, I will provide you with a more detailed explanation and an example to illustrate how workers’ compensation offsets can affect your Social Security Disability benefits. But first, here’s a refresher on some basic terms and facts:

What Is a Workers’ Compensation Offset?

There is a federal requirement that your combined workers’ compensation payments and SSDI payments cannot be more that 80% of your typical earnings before you became disabled. The intent of this requirement is to ensure that the combined benefits are not excessive.

In North Carolina, the Social Security Administration (SSA) reduces your SSDI benefits to meet the 80% requirement – and the amount your SSDI benefits are reduced is called a workers’ compensation offset.

Hypothetical Example:

Bob’s average earnings were $4,000/month before he became disabled, and by federal law, he is only entitled to 80% of this amount (or $3,200/month) in monthly workers’ comp and SSDI benefits:

$4,000 X 80% = $3,200 (maximum allowable workers’ comp + SSDI benefits)

If Bob is eligible to receive $2,000/month in workers’ compensation and $2,200/month in SSDI, for a total of $4,200/month, the combination of both amounts is more than the maximum allowable combined benefits set forth by federal law:

$4,200 – $3,200 = $1,000 (amount over the maximum allowable benefits)

Therefore, the SSA subtracts the workers’ comp amount from the maximum allowable combined benefits, and the remainder is what SSDI will pay:

$3,200 (max amount) – $2,000 (workers’ comp benefits) = $1,200 (what SSDI will pay)

The difference between what Bob was originally eligible for in SSDI and what SSDI paid in benefits is the workers’ comp offset:

$2,200 (orig. SSDI benefit) – $1,200 (what SSDI paid) = $1,000 (workers’ comp offset)

The $1,000 workers’ comp offset amount is taxed by law because it’s helping Bob avoid SSD taxes but was not taxed as workers’ compensation. So, the SSA adds it to the amount that it paid in SSDI, and that total amount is listed in Box 5 (Net Benefits) of the SSA-1099.

$1,200 (actual benefits paid) + $1,000 (workers’ comp offset) = $2,200 (the amount the SSA reports in Box 5 of the SSA-1099 form)

This is why your SSA-1099 form may show a higher amount of SSDI benefits than you actually received. The SSA likely considers this total amount ($2,200 in the above example) to be what you have received in taxable SSDI benefits.

Why Are Workers’ Comp Offsets Subject to Federal Taxes?

They aren’t.

If you get both workers’ comp and Disability, a workers’ compensation offset is basically replacing a portion of the SSDI benefit – so you may not be receiving that in SSDI (and therefore not paying the taxes), but you should still be receiving the full benefits allowed by law. Had there been no workers’ compensation offset, you likely would have had to pay taxes on the SSDI portion above your earning threshold, so the workers’ comp offset amount is subject to taxation.

If you have additional questions regarding workers’ compensation offsets and how they impact your taxes, consult with a tax professional. If you have questions about Social Security Disability benefits, I urge you to consult with an experienced Social Security Disability attorney.

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What Is Backpay in Social Security Disability?

When you’re suffering from anxiety, it can be hard to focus and accomplish even the smallest task. For those who suffer from debilitating anxiety, working for a living may be out of the question.

Fortunately, it is possible to receive Social Security Disability for anxiety in North Carolina.

While the application process can be complex and challenging, an experienced Social Security Disability attorney can do the fighting for you. Call 1-866-900-7078 today to get clarity on your case at no cost and no obligation.

Here’s some information to help you understand the rules and how to pursue benefits.

Can You Qualify for Disability With Anxiety and Depression?

Yes, getting Social Security Disability benefits for anxiety (with or without depression) is possible.

What Types of Anxiety Qualify for Disability?

According to the Social Security Administration (SSA), the following conditions may qualify for Disability benefits under the umbrella of anxiety:

• social anxiety disorder
• panic disorder
• generalized anxiety disorder
• agoraphobia
• obsessive-compulsive disorder

How Hard Is It to Get Disability for Anxiety?

Let’s start with the official, by-the-book criteria, then I’ll share my experience with you as an attorney on how things tend to play out in real life. The book I’m referring to is the Social Security Administration’s “Blue Book.” It is essentially the guide to Disability qualifications used by the SSA, and Chapter 12 is all about mental health.

You must satisfy multiple criteria from the Blue Book to receive benefits. For anxiety, the requirements have three separate paragraphs or parts, labeled A, B, and C. To qualify, you must meet the criteria of both paragraphs A and B OR A and C.

According to paragraph A, anxiety is a condition characterized by:

• excessive anxiety, worry, apprehension, and fear, or
• avoidance of feelings, thoughts, activities, objects, places, or people

Symptoms can include:

• restlessness
• difficulty or inability to concentrate
• hyper-vigilance
• muscle tension
• sleep disturbance
• panic attacks
• obsessions/compulsions
• fears about your safety
• frequent physical complaints

To qualify for benefits, your anxiety must be at the level described by paragraph A. But that’s just part of the equation. Remember, you must satisfy the criteria of both paragraphs A and B, OR A and C. A judge makes the final decision.

NOTE: The SSA has specific qualifications regarding “acceptable medical sources.” These rules can impact the evidence you need to prove your disability. Consult with an experienced Disability lawyer for help.

Paragraph B: Extreme Limitation

To meet the requirements of paragraph B, you must show that your anxiety causes “extreme” limitation of one, or “marked” limitation of two or more of the following areas:

• Your ability to understand, remember, or apply information

• Your ability to interact with others

• Your ability to concentrate, persist, or maintain pace

• Your ability to manage yourself or adapt

For example, if you were judged to be extremely limited in your ability to interact with others by panic disorder, you could qualify. Likewise, if you had a demonstrable inability to concentrate or remember and apply information due to generalized anxiety disorder, you could also qualify. These four criteria also apply to depression.

These criteria can be strict, but our Social Security Disability team can guide you every step of the way in your fight for benefits.

Paragraph C: A Long Medical History

This involves proving that your disorder is “serious and persistent.” That means you must have a medically-documented history of your condition for a period of at least two years, and those records must include descriptions of work limitations.

My Perspective as an NC State Bar Board Certified Specialist in Disability

Learn More: Why Hire a Disability Attorney

Qualifying for Social Security Disability for Anxiety

Here are some more things you should know about seeking Disability benefits for your anxiety:

• You ultimately need to convince a judge that you are unable to complete the tasks required for work. Generally, you should be out of work for a year or more and must demonstrate how your condition prevents you from earning a living.

• Your treatment needs to be specialized – your general medicine doctor will not be sufficient. Care should be provided by qualified psychiatric professionals, and you should be taking medication as prescribed. If you have had any in-patient psychiatric hospitalization of extended durations, make sure to let your attorney know. Documentation, treatment notes, examinations, and other records can help you establish your condition and meet the proper treatment criteria.

• Your dedication to try and manage your anxiety is a factor. Showing that you are working on your anxiety so that you can return to working for a living can be an important factor.

How Long Can You Be on Disability for Anxiety?

Approved Social Security Disability benefits for anxiety can continue until one of two things happen.

• You age into your Social Security Retirement benefits, at which point your benefits can convert from Disability to retirement.

• You are no longer disabled and have recovered from your anxiety disorder.

How Much Disability Can You Get for Anxiety (and Depression)?

Your potential Social Security Disability benefit is based on your lifetime earnings and can never exceed the full amount of your Social Security retirement benefit. Once you have proven your disability and been approved by the Social Security Administration for benefits, you can begin receiving the full amount of your retirement benefit. You may also be eligible for back-dated benefits to the date when your disability began.

Get an Experienced Social Security Disability Attorney to Help With Your Anxiety Benefits Claim

You’re dealing with enough. Avoid the confusion and frustration of trying to handle the Social Security Administration yourself and let us fight for you. Nearly everyone on our team has prior experience working in the Social Security Administration, and I’m President-elect for the National Organization of Social Security Claimants’ Representatives (NOSSCR).

At James Scott Farrin, our Disability team uses our combined knowledge and experience to help people in need every day. Since 1997, my firm has recovered more than $2 billion in total compensation for more than 73,000 people.¹

Call 1-866-900-7078 or contact us online today for a free case evaluation.

Frequently Asked Questions