In addition to SSD claims, our office handles Railroad Retirement Board claims. Injured or disabled employees of a railroad can apply to the Railroad Retirement Board (RRB) for disability. The RRB administers the program and some of the benefits and procedures mirror the Social Security Administration’s disability program and benefits. For railroad employees there are several benefits that the worker or his dependents should look at in terms of eligibility.
A DISABILITY ANNUITY can be paid for:
Total disability, at any age, if an employee is permanently disabled for all regular work and has at least 10 years (120 months) of creditable railroad service. Employees with 5-9 years (60-119 months) of creditable railroad service, if at least 5 years were performed after 1995, may qualify for tier I only before retirement age on the basis of total disability if they also meet certain social security earnings requirements. An age reduced tier II amount would be payable at age 62.
Occupational disability, at age 60, if an employee has at least 10 years of railroad service or at any age if the employee has at least 20 years (240 months) of service, when the employee is permanently disabled for his or her regular railroad occupation. A “current connection” with the railroad industry is also required for an annuity based on occupational, rather than total, disability.
A 5-month waiting period beginning with the month after the month of the onset of disability is required before any disability annuity payments can begin.
An employee can be in compensated service while filing a disability annuity application as long as the compensated service is not active service and terminates within 90 days from the date of filing. However, in order for a supplemental annuity to be paid by the RRB, or for an eligible spouse to begin receiving annuity payments, a disabled annuitant under full retirement age must relinquish employment rights.
If you need more information about a Social Security Disability/SSI, personal injury, EEOICPA, long or short-term disability, VA disability, Railroad Retirement Board disability, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611 or through our website. Our office handles claims throughout Tennessee.