A question we often hear is “Can I file for disability if I have a pending Jones Act Maritime Injury Case?” The short answer is – yes, you can apply for disability benefits while your Jones Act case is ongoing. Offshore workers can apply for disability benefits while a Jones Act claim is pending.
Applying for short term or long term disability insurance benefits while Jones Act claims are pending is not uncommon. Many Jones Act claimants also file for Long Term Disability Insurance and Social Security Disability Insurance benefits.
However, it’s important to understand that any claims for disability benefits are separate processes. Being approved for disability benefits does not mean that you will receive compensation for your Jones Act case. These are separate legal processes, and compensation from one does not automatically guarantee compensation from the other.
Short Term and Long Disability Insurance
You can apply for short term and long term disability insurance benefits while your Jones Act claim is pending. You must meet the insurance policy’s definition of disability to qualify for disability insurance benefits.
Short-term disability benefits are typically available for a limited period of time, usually up to 26 weeks. These benefits are intended to provide temporary support while the worker recovers from their injury. Long-term disability benefits, on the other hand, are intended to provide ongoing support. These benefits can last for several years or until you are able to return to work.
Social Security Disability Insurance
The Jones Act provides compensation for work-related injuries. Disability benefits are provided by the Social Security Administration (SSA) to those who are unable to work due to a disability. You can still apply for disability benefits while your Jones Act case is ongoing. If you meet the SSA’s criteria, you will receive Social Security Disability Insurance (SSDI) benefits.
The SSA’s criteria states that you must have a medical condition that prevents you from working for at least 12 months. This condition can be physical or mental. It must be severe enough to limit your ability to perform basic work-related tasks, such as sitting, standing, and lifting. These limitations should be clearly stated in your medical records.
In conclusion, you can apply for disability benefits while your Jones Act case is ongoing, but these are separate legal processes. Receiving disability benefits does not guarantee compensation for your Jones Act case. If you are considering applying for disability benefits, call us at (888) 321-8131 to schedule your free case evaluation.
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