What is a Social Security "Disability?"

A "disability," as far as the receipt of social security benefits is concerned, is not defined the same as for other programs. Social security disability benefits are only paid for total disability; the complete inability to work is the benchmark. At its essence, a person is disabled under the Social Security Act if he is unable to engage in any substantial gainful activity due to a medically determinable physical or mental impairment that has lasted or is expected to last for twelve months or that results or is expected to result in death. A disability can result from either a physical or mental impairment, or a combination of impairments.

Correlation Between Workers' Compensation and Social Security Disability Benefits

Workers' compensation and social security disability insurance (SSDI) benefits both aim to help disabled individuals by providing funds for income replacement. Though similar in purpose, the programs diverge in their criteria for the receipt of benefits. Eligibility for workers' compensation benefits requires that the individual be an employee who was injured on the job. In contrast, SSDI benefits are only issued to those individuals who are so severely disabled by a medically determinable impairment that they cannot engage in any substantial gainful activity. Additionally, to be declared eligible for SSDI benefits, an individual must have worked long enough to be "insured" and must not have reached a certain age.

Supplemental Security Income and Homeless Individuals

The "homeless" status of an individual does not affect his eligibility for Supplemental Security Income (SSI) benefits. Homeless individuals have the same right to apply for SSI benefits as anyone else. To obtain his benefits, a homeless individual may pick up his payments at a local Social Security office, have the payments mailed to a third party, have the funds automatically deposited into a personal bank account, or have the payments sent to a representative payee who will act in the individual's best interests.

Federal Employers' Liability Act

The Federal Employers' Liability Act (FELA) is not a workers' compensation statute. Rather, it is an alternative avenue by which railroad workers who are injured on the job may be compensated. The FELA allows an injured railroad worker to pursue a negligence action against his employer for lost wages, medical costs, pain and suffering, and permanent and partial disability. Should the injury result in the railroad worker's death, the FELA also authorizes an action by the worker's surviving dependents. The damages recoverable by a dependent include those for pain and suffering, funeral expenses, and that part of the worker's earnings that were actually used to support the dependent. Notably, though, the employee's contributory negligence will diminish any recovery.

Pre-Employment Injuries

Generally, compensation will be denied for injuries incurred prior to an employee being actually hired. However, courts have tended to reject form over substance and allowed compensation when the employee was hired though he had not finished the full hiring process such as completing the employer's business paperwork like payroll and tax forms. Compensation turns on whether a contract of hire has been entered into between the employer and potential employee -- an express or implied contract will suffice.