Can I Get Social Security Disability if I Work for the State?
Generally, when a person becomes disabled, he or she seeks disability benefits through the Social Security system. However, if you work for the State of Ohio, any Ohio county, an Ohio public school system, or any of these other covered employers, your benefits will be administered through a state disability program. Teachers are covered by the State Teachers Retirement System (STRS); other school employees are covered by the School Employees Retirement System (SERS); and all other public employees are covered by the Ohio Public Employees Retirement System (OPERS).
The STRS, SERS, and OPERS disability programs are similar to the Social Security Disability (SSD) program in that they provide monthly compensation and eligibility for medical coverage to persons who are unable to work due to medical conditions. Just as with SSD, a disabling medical condition must be “permanent”—it must be expected to interfere with the ability to work for at least 12 consecutive months.
However, the STRS, SERS, and OPERS systems differ from SSD in that benefits will be awarded if the employee is unable to perform his or her own job due to the disability, while the SSD program awards disability benefits only if a person is unable to perform any job at all. Thus, even if a public employee could perform work at a lighter exertion level than his or her job, the employee will still be awarded disability benefits. This distinction is called the “own occupation” standard. After a period of several years, a person receiving SERS or OPERS disability benefits will become subject to the “any occupation” standard used by the SSD program, and disability benefits will continue only if the disabling medical conditions preclude any type of employment at all.
STRS, SERS, and OPERS each have their own application method for disability benefits. If you believe that you may be eligible for state disability benefits, contact Herdman Yeager, LLC for a free consultation.
Disclaimer: This blog provides general information on legal issues and is not a substitute for legal advice. Each individual claim is unique. To seek legal guidance, you should contact an attorney.