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11/6/2009
Advocate for the Disabled
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Workers' Comp Disability Payments End at Retirement

Monthly Social Security disability payments are what keep many people with at least one disability afloat. If you receive payments as a result of a debilitating accident at work, also called workers' comp, you might wonder how long they will last.

In Montana, a recent ruling says that recipients can receive the benefits until they reach retirement age, at which point their Social Security retirement benefits will kick in. While some claim that this rule is unconstitutional, the Montana Supreme Court did not find it so, according to the Associated Press.  

Supporters of the rule point out that disability payments as a result of a work injury are meant to financially assist the recipient during their working years. Workers' comp makes up for the loss of income incurred when they could be working, but cannot as a result of their injury.

The injured workers represented in this case claim that the rule goes against the constitution, which is supposed to provide for permanently disabled workers, no matter their age.

While many would like to offer financial support for those affected by the statute, changing the rule would cost the state a lot of money. This is especially true since the change would affect both future and current cases. Considering that the SSA already struggles financially with an increase in disability claims, a change could result in fewer people getting approved due to lack of funds.

If you have been injured in a work accident, you might have questions about workers' comp. Perhaps you already receive it and want to know when your payments will end, or maybe you want to find out if you are eligible for benefits. Either way, contacting a lawyer can put you in touch with information about the benefits available to you. Being unable to work ever again can be a devastating blow financially, which is why workers' comp exists.

If you, or your loved one, are suffering from a severe physical or mental disability, you should contact a Social Security Disability lawyer immediately to learn about your rights and determine eligibility. The process of securing Social Security Disability Insurance benefits and/or Supplemental Security Income (SSI) can be difficult and overwhelming. Don't go it alone! The disability lawyers at LaVan & Neidenberg, located in Ft. Lauderdale, FL understand the inner workings of the Social Security Administration and will help you navigate the system. Call us today for a FREE legal consultation - 1-888-234-5758.



Category: Social Security Disability



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