Permanent Total Disability
Permanent and total disability is generally a term used in workers' compensation cases and should not be confused with the Social Security Administration's definition of "disabled" for Social Security Disability benefits. Unlike the workers' compensation system which allows for partial disability, you have to be 100% disabled according to the definition set forth by the Social Security Administration to qualify for Social Security Disability benefits.
While a person considered permanent and totally disabled under workers' compensation standards may not be able to perform work, you can be considered disabled under the Social Security Administration guidelines and qualify for benefits while working as long as you aren't doing "substantial gainful activity." Substantial gainful activity means working and making more than $1,010 a month.
It is possible that if you are considered permanently and totally disabled under a workers' compensation claim or private disability insurance that you will qualify for Social Security disability benefits as well. However, it is also possible that you may not meet the strict standards for Social Security Disability benefits and will be denied benefits.
If you are attempting to qualify for Social Security Disability benefits, it is very important that you only review your disability under the Social Security Administration guidelines for Social Security Disability benefits not under any other standard set forth by private disability insurance or workers' compensation insurance. Contact us today to learn more about how we can help you to get the disability benefits you need and deserve.