R.G. v. Social Security Administration

Harrison, Arkansas social security disability law lawyer represented the Plaintiff seeking review of the denial of his application for Social Security: DIWC/DIWW benefits by HHS.



Workers' compensation in the United States is surpassed in size only by the federal Social Security Disability Insurance and Medicare programs in providing cash and medical benefits to disabled workers.



Although Social Security disability benefits and workers' compensation are the nation's two largest disability benefit programs, the two programs are quite different. Workers are eligible for workers' compensation benefits from their first day of employment, but Social Security disability benefits are paid only to workers who have a substantial work history. Workers' compensation provides benefits for both short-term and long-term disabilities and for partial as well as total disabilities. These benefits cover only disabilities arising out of and in the course of employment. In contrast, Social Security disability benefits are paid only to workers who have long-term impairments that preclude any gainful work, regardless of whether the disability arose on or off the job. By law, the benefits are paid only to workers who are unable to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment that is expected to last at least a year or result in death. The impairment has to be of such severity that the worker is not only unable to do his or her previous work but is also unable to do any other type of substantial gainful work. Social Security disability benefits begin after a 5-month waiting period.



The amount of benefits that Social Security paid in wage-replacement benefits to disabled workers and their dependents in 2002 was nearly twice the amount of cash benefits paid under workers' compensation—$65.6 billion compared with $29.2 billion. Employer and employee each pay 5.3 percent of wages for Social Security's Old-Age and Survivors Insurance and 0.9 percent for Disability Insurance. Thus, the total paid for Disability Insurance is 1.8 percent of taxable wages.

02/12/2024 23 Minute Entry for proceedings held before Honorable Mark E. Ford: Social Security Hearing held on 2/12/2024. (Stephanie Clark-Digital Recorder)(Proceedings held in Fort Smith-Room 226) (sc) (Entered: 02/12/2024)

02/12/2024 24 FINAL JUDGMENT REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER FOR FURTHER CONSIDERATION PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g). Signed by Honorable Mark E. Ford on February 12, 2024. (tg) (Entered: 02/12/2024)