Social Security and Minnesota Workers' Comp

Individuals who sustain on-the-job injuries in Minnesota are generally eligible for various workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and/or rehabilitation benefits. If an individual’s injury is severe and prevents that individual from working for an extended period of time, he or she may also be eligible for Social Security Disability or Social Security Supplemental Insurance. 

At Meuser & Associate, we evaluate every workers’ compensation case to determine if there are additional benefits available to that injured worker, including social security benefits. My colleague, Jason Emery of Greeman Toomey PLLC has been kind enough to write a guest article for this blog providing some information about the types of Social Security benefits available and what it takes to qualify for those benefits.

"The Social Security disability process exists in order to provide assistance to individuals who are unable to work due to a physical or mental impairment or a combination of both. 

The Social Security Administration defines disability (for adults) as “the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” 

In other words, if you have been unable to work for at least 12 months due to a severe impairment, or expect to be unable to work for 12 months, you may be eligible to receive benefits. 

There are several different programs available to individuals who qualify. The two primary types of programs people qualify for are Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI). 

Individuals who have paid into Social Security through taxes in the past may qualify for Disability Insurance Benefits if they have paid FICA taxes for at least five out of the last ten years. The amount an individual will be entitled to under this program will be determined by how much an individual has paid into the system. The Social Security Administration typically mails taxpayers a statement every year around their birthdays indicating how much they would receive if they were to be found disabled. 

Supplemental Security Income benefits are available to individuals who lack significant resources. Typically, an individual who is applying for SSI benefits cannot have more than $2,000 in resources and a couple cannot have resources in excess of $3,000 if one of the partners is applying for SSI benefits. The Social Security Administration will consider things such as cash, bank accounts, stocks, U.S. savings bonds, land, life insurance, personal property, vehicles and anything else which could be changed to cash in determining a person’s or a couple’s resources. The maximum monthly payment for SSI benefits in 2012 is $698 for an individual or $1,048 for a married couple (who are both found to be disabled). 

An individual can file applications for both Disability Insurance Benefits and Supplemental Security Income at the same time. This is called filing “concurrent” applications. The standard, or definition, for disability under both programs is identical. If an individual is found to be medically disabled under one program, he or she will be found disabled under the other program as well. However, a person generally cannot receive Disability Insurance Benefits and Supplemental Security Income for the same time period. Rather, the Social Security Administration will determine which amount is greater and issue that payment. 

The date an individual applies for Social Security disability has a significant impact on the amount he or she may be entitled to. Disability Insurance Benefits may be paid retroactively up to a year before an individual files an application. Supplemental Security Income benefits can only be paid as of the date of the application, regardless of when it is determined a person became disabled. Therefore, it is very important to file an application as soon as possible if an individual feels he or she may not be able to work for at least 12 months. 

To schedule a free initial consultation or ask about the Social Security disability process, feel free to contact attorney Jason R. Emery at Greeman Toomey PLLC at 1-877-332-3252 or by emailing jason@greemantoomey.com."

For a free, no-obligation legal consultation regarding your Minnesota workers' compensation rights, call Meuser & Associate at  877-746-5680 or click here to send us an email. 

 

Does MN PERA Cover PTSD and Other Psychological Conditions?

I spoke with a Minnesota police officer recently who asked me whether or not Post-Traumatic Stress Disorder (PTSD) was covered for Public Employees Retirement Association (PERA) Police and Fire Plan Duty Disability Benefits. 

I explained that, yes, psychological conditions are specifically enumerated under the PERA Duty Disability statute, meaning that they are specifically covered. This police officer had been involved in some extremely high-stress incidents in the last few years, and had started to exhibit symptoms consistent with Post-Traumatic Stress Disorder (PTSD). His doctors are telling him that he can no longer work in law enforcement due to his condition. He was obviously concerned about what his options were in the event that he could not continue working as a police officer.

Interestingly, before calling me, he had talked to “some people” who told him that psychological conditions weren’t covered by PERA. First off, I’m glad he called. If he had relied on what “some people” told him, he wouldn’t be aware that he’s eligible for 60% of his high-five salary, tax free, through age 55, plus continued health insurance through his employer. These benefits are potentially worth hundreds of thousands of dollars to him. 

Police officers and firefighters in Minnesota who are covered under the Public Employees Retirement Association (PERA) Police and Fire Plan are eligible for disability benefits in the event that they are unable to perform their normal duties. There are two basic types of disability benefits under the PERA Police and Fire Plan: Duty and Regular.

Duty disability benefits. Duty disability pays at a basic rate of 60% of police officer or firefighter’s average high-five. Qualification for duty disability also entitles a police officer or firefighter to continued health insurance under Minn. Stat. § 299A.465.

PERA duty disability is defined as follows:

"Duty disability," physical or psychological, means a condition that is expected to prevent a member, for a period of not less than 12 months, from performing the normal duties of the position held by a person who is a member of the public employees police and fire plan, and that is the direct result of an injury incurred during, or a disease arising out of, the performance of normal duties or the actual performance of less frequent duties, either of which are specific to protecting the property and personal safety of others and that present inherent dangers that are specific to the positions covered by the public employees police and fire plan. 

Regular disability benefits. Regular disability is paid at a base rate of 45% of a police officer or firefighter’s high-five salary. Individuals who qualify for regular disability are not eligible for health care continuation under Minn. Stat. § 299A.465.

PERA regular disability is defined as follows: 

"Regular disability," physical or psychological, means a condition that is expected to prevent a member, for a period of not less than 12 months, from performing the normal duties of the position held by a person who is a member of the public employees police and fire plan, and which results from a disease or an injury that arises from any activities while not at work, or while at work and performing those normal or less frequent duties that do not present inherent dangers that are specific to the occupations covered by the public employees police and fire plan. 

Unfortunately, police officers have a high incidence of Post-Traumatic Stress Disorder (PTSD) as the result of experiencing disturbing, dangerous, and traumatic situations. Due in large part to increased awareness about the psychological effects of dealing with traumatic and stressful situations, more and more Minnesota police officers are seeking treatment for Post-Traumatic Stress Disorder.

If you’re a Minnesota police officer who is suffering from Post-Traumatic Stress Disorder as a result of experiencing traumatic incidents in the line of duty, and you cannot return to work in law enforcement due to your condition, you may be eligible for PERA duty disability benefits.

Don’t rely on “some people” to give you legal advice about your rights to hundreds of thousands of dollars’ worth of benefits PERA disability benefits. Speak with a PERA lawyer about your rights. There’s simply too much at stake to risk trying to figure it out on your own, or to risk depending on the advice of “some people.” 

Meuser & Associate has represented dozens of police officers and firefighters throughout the State of Minnesota in conjunction with claims for PERA disability benefits. We’ve also successfully secured PERA duty disability benefits on behalf of a number of police officers suffering from Post-Traumatic Stress Disorder (PTSD) as a result of in-the-line of duty psychological trauma. For a free, no-obligation legal consultation to learn about your rights, call Meuser & Associate at 877-746-5680 or click here to send us an email to schedule an appointment with Jen or Ron.

MN PERA Police & Fire Plan Disability Benefits: Things You Should Know

If you’re a Minnesota police officer or firefighter, you are eligible for disability benefits through the Public Employees Retirement Association (PERA) if you are unable to perform your normal job duties for a period of a year or more, as the result of an injury or illness. There are two different basic types of disability benefits, duty disability benefits, and regular disability benefits.

PERA Duty Disability Benefits: Duty disability benefits are paid at a base rate of 60% of your average monthly salary benefit during the highest five consecutive years of earnings. For each year of service credit you have in excess of 20 years, the benefit is increased by 3%. In order to qualify for “duty disability,” you must have a physical or psychological condition that is expected to prevent you from performing your normal duties as a police officer or firefighter for a period of at least a year. In addition, the disability must be the direct result of an injury incurred during, or an illness arising out of, the performance of your duties. Those duties must be specific to protecting property or safety of others, and they must present inherent dangers that are specific to police officers and firefighter.

PERA Regular Disability Benefits: Regular disability benefits are paid at a rate of 45% of your average monthly salary benefit during the highest five consecutive years of earnings. In order to qualify for regular disability benefits, you must have a physical or psychological condition that is expected to prevent you from performing your normal duties for a period of at least a year. The disability can be non-work related, or it can be the result of a work injury incurred while performing duties that are not specific to protecting property or safety, or duties that are not inherently dangerous.

If you are a Minnesota police officer or firefighter considering applying for a PERA disability benefit or a PERA retirement benefit, you should very carefully consider all your options before making a selection.

Things you should keep in mind about PERA disability benefits:

• Not all in-the-line of duty injuries automatically qualify for PERA duty disability benefits. 
• If you are found to be eligible for PERA duty disability benefits, you are also eligible for Continued Health Insurance Coverage under Minn. Stat. §299A.465. 
• There are tax advantages to a PERA disability benefit versus a PERA regular retirement. 
• You cannot apply for a PERA duty disability benefit if you are over the age of 55 and have more than 20 years of service credit. 
• You cannot apply for PERA regular disability benefits if you are over the age of 55 and have more than 15 years of service credit. 
• Even if you are not eligible for PERA duty disability benefits because you are over 55 and have in excess of 20 years of service credit, you are still eligible for Continuation of Health Insurance Coverage under Minn. Stat. §299A.465, if you otherwise meet the requirements for PERA duty disability benefits. 
• If your injury was more than two years prior to the date of your application for PERA duty disability benefits, you must show that you cannot perform the duties you were performing in the 90 days prior to your application. 
• You must procure two PERA Medical Reports from two different doctors supporting your claim for PERA disability benefits. 
• You must apply for PERA disability benefits within 18 months from the date you end your public service. 
• You must separate from service from a PERA covered position within 45 days of being approved for PERA disability benefits. 
• If you are not working, you can earn up to 100% of the salary currently paid for the position between PERA disability benefits and workers’ compensation benefits. 
• If you are re-employed, you can earn up to 125% of the salary currently paid for the position or your salary before you became disabled (whichever is higher), between your re-employment earnings, workers’ compensation benefits, and PERA disability benefits, and if you exceed 125%, your PERA benefit is reduced by $1.00 for every $3.00 earned in excess of the limit. 

Deciding which benefit to apply for, and the application process itself can be extremely confusing and complicated. Unfortunately, it’s easy to make mistakes that can cost you hundreds of thousands of dollars. 

Here are a couple examples of our recent successes:

• We represented a Deputy Sheriff whose application for PERA duty disability benefits was denied on the basis that she was able to perform the light duty tasks she performed in the 90 days preceding her application, and that she was therefore, not disabled. We won her case at an Administrative Hearing, and subsequently were able to reach an agreement with the County as to her termination date so as to secure her a significant back award of PERA duty disability benefits, as well as Continued Health Insurance Benefits under Minn. Stat. §299A.465. We were also able to secure a substantial settlement of her workers’ compensation case. 
• We were awarded PERA duty disability benefits and Continued Health Insurance Benefits for a Police Officer who sustained serious shoulder injuries, resulting in several shoulder surgeries, when he fell down some stairs inside an abandoned building. 
• We secured PERA duty disability benefits and Continued Health Insurance benefits for a Police Officer who suffered a heart attack following a high speed pursuit of a drunk driver, and a physical altercation with the suspect after an on-foot pursuit. Our client had previously applied for, and been denied, PERA duty disability benefits. We were able to subsequently prove that his condition had substantially worsened in the interim, and that he was now disabled. 
• We secured PERA duty disability benefits and Continued Health Insurance benefits for a Police Officer who developed post-traumatic stress disorder after he shot and killed a suspect in the line of duty, and was unable to return to work in law enforcement. 
• We were awarded Continued Health Insurance benefits for a firefighter who was over the age of 55 and had in excess of 20 years of service credit, who sustained a severe low back injury after lifting an extremely obese patient during the course of a medical emergency call. 
• We secured PERA duty disability benefits and Continued Health Insurance Benefits for a Police Officer who sustained arm and elbow injuries after an altercation with a suspect. We also secured a substantial workers’ compensation settlement for him. 

If you’re injured in the line of duty, and you’re concerned about your ability to continue working as a police officer or firefighter, it’s wise to consult with a workers’ compensation attorney who is also experienced in making claims for PERA benefits. It’s VERY easy to make mistakes on PERA claims that can result in you losing out on hundreds of thousands of dollars worth of benefits.

Jen Yackley and Ron Meuser at Meuser & Associate represent police officers and firefighters throughout the state of Minnesota for workers’ compensation and PERA disability claims. For a FREE, NO-OBLIGATION consultation to discuss your claims, call us at 952-345-2052 X.102, or click here to send us an email to schedule a time to speak with Jen or Ron.

Can I Receive Social Security Disability (SSDI) and MN Workers’ Compensation at the Same Time?

People who sustain serious injuries at work in Minnesota may be eligible for BOTH workers’ compensation wage loss benefits and Social Security Disability Insurance (SSDI) benefits. In other cases, a work injury, in combination with other non-work related medical conditions may qualify an injured worker for both SSDI and Minnesota workers’ compensation benefits.

If you are pursuing a SSDI disability claim, based in whole or in part on a work injury or a medical condition caused by your work activities, you should strongly consider exploring a Minnesota worker’ compensation claim as well.

We routinely meet folks in our Minnesota workers’ compensation practice who pursue a SSDI disability claim and overlook their potential workers’ compensation claims. In many instances, you can receive both! Don’t leave money sitting on the table!

The Social Security Administration (SSA) allows simultaneous receipt of medical and disability benefits with workers’ compensation benefits, up to a maximum of 80% of the employee’s average current earnings (ACE) at the onset of his or her disability. The Social Security Administration will, however, “offset” or reduce SSDI payments if the combination of workers’ compensation and social security benefits exceed 80% of the ACE.

If you are receiving Temporary Total Disability (TTD) benefits, the employer/insurer does not get an offset from workers’ compensation benefits payable based on receipt of SSDI benefits. Instead, the SSA gets to reduce your SSDI benefits based on the amounts you’re receiving from workers’ compensation.

The situation changes if you’re receiving Permanent Total Disability (PTD) benefits. Minn. Stat. § 176.101, Subd. 4, permits the workers’ compensation insurance carrier to reduce the weekly compensation benefit dollar-for-dollar based on the receipt of SSDI benefits after paying $25,000.00 in Permanent Total Disability (PTD) benefits. The employer/insurer only gets the benefit of this offset if the SSDI benefits and the workers’ compensation benefits are based on the same injury or injuries.

If the injury causing your disability occurred before October 1, 1995, you may be eligible for “supplementary benefits” to cover the “gap” between your weekly benefit rate after adjusting for the receipt of SSDI benefits, and the minimum PTD benefit rate.

For injuries on or after October 1, 1995, the Minnesota legislature did away with supplementary benefits. Instead, the legislature has adopted minimum PTD rates. The amount of your monthly SSDI benefit is then subtracted from your compensation rate, or the minimum PTD rate, whichever is higher.

Annual adjustment of benefits may also come into play in PTD claims.

In many cases, you can receive both Minnesota workers’ compensation benefits, and Social Security Disability benefits. As you can see, correctly calculating your benefit rate when you’re receiving both types of benefits is complicated.

If you’ve applied for Social Security Disability benefits based in whole or in part on injuries you sustained at work, you may have a Minnesota workers’ compensation claim in addition to your SSDI claim.

For a free, no-obligation consultation with Jennifer Yackley or Ronald F. Meuser, Minnesota workers’ compensation lawyers, to discuss your potential workers’ compensation claim, call us at 877-746-5680 or click here to send us an email.

We work on a contingency fee basis, which means our attorney fees are based on the amount we recover on your behalf. It also means that there is no fee unless we recover benefits on your behalf.