Can DoorDash Drivers Get Disability Benefits?

Can DoorDash Drivers Get Disability Benefits? A Disability Lawyer serving NYC weighs in!
DoorDash drivers are now one of the lynchpins of our economy, making it possible for Disabled people to get food and groceries. Drunk driving fatalities have decreased 35% since 1991, with much of that decrease owing to the popularity of delivery apps like DoorDash. Even non-disabled people can stay home more often because of the hard work of these drivers. And they were absolutely indispensable during the Pandemic. But when one of these drivers becomes disabled, how are they treated? What disability benefits are available to them?
Why would Food Delivery Professionals Need Disability Benefits?
Many of my clients became DoorDash Drivers because they became disabled from another job. Many others feel that they can only drive DoorDash because of an existing medical issue that worsens after they’ve been driving for years. Then they have to drop down to part-time or quit driving altogether. Often these two categories of people have different benefits available to them. Let me explain by discussing the 2 types of disability benefits generally available to drivers, and 1 type generally not available. If you think you have a good case for Disability benefits, including SSDI/SSI or Social Security Disability, you may want to speak with a Disability Lawyer serving NYC. If so, use the contact form below to get a free case evaluation!
Social Security Disability Insurance (SSDI) explained – Disability Lawyer NYC
SSDI is available to people who have paid payroll taxes for 5 out of the last 10 years before they become disabled. So let’s talk about our two categories of driver using 2 imaginary drivers:
Thomas is 53 years old and has been working in an factory for 23 years full time. He had to quit his full-time job in the factorybecause he has very serious hip arthritis. He started driving DoorDash last year to make ends meet and applied for SSDI due to his hips.
Mark is 38 years old and has been driving DoorDash full-time for 10 years because he has scoliosis and depression. He doesn’t feel like he can do any other job because he needs flexibility to deal with pain, fatigue and other symptoms. Mark recently had to get surgery to straighten his spine, which caused more pain and depression. So now he’s applying for SSDI because he can only drive part time.
Difference Between SSDI & SSI Benefits – Disability Lawyer Serving NYC
Thomas will almost certainly get SSDI if his hips are bad enough, because Amazon took payroll taxes out of his check for the last 5 years. That means he paid into Social Security enough to potentially get SSDI. Thomas’ benefit will be around $1700-$2200/month because he made $60,000 to $80,000 per year consistently as a W-2 employee.
Mark, however, won’t get SSDI no matter how bad his medical conditions are. That is because he was a 1099 independent contractor driving DoorDash and didn’t pay self employment taxes. He, like many gig drivers, did not pay any taxes for the last 10 years. He went to a shady tax preparer who promised he wouldn’t pay taxes at all. And he didn’t! But he also didn’t pay self-employment taxes (same as payroll taxes) so he didn’t pay into Social Security enough to qualify for SSDI. Or Social Security retirement, for that matter! If you are unsure about whether you’re disabled and insured for SSDI benefits, call a Disability Lawyer serving NYC, like us, to discuss the issue.
Supplemental Security Income (SSI) explained – Disability Lawyer NYC
SSI is a needs-based benefit for people who can’t work due to a disability. Most people don’t qualify for it because they have income or assets (or their spouse has income or assets). And to keep getting it, you have to remain impoverished! So it is one of the the worst of the different disability benefits.
Thomas will not get ongoing SSI because he will get SSDI, which will give him too much income to be considered “impoverished.”
Mark might get SSI but he will have to keep himself impoverished for the rest of his life to keep it.
Private Long Term Disability Insurance (LTD) or Short Term Disability (STD)
DoorDash usually does not offer even limited disability insurance, and if they did it is for a paltry amount of money and drivers have to pay for it. Starting in 2019, however, Dashers in the U.S. only could be eligible for Disability payments if they are in an accident while they are Dashing. This is less like Short Term Disability (STD) and more like Worker’s Comp benefits. STD would cover any accident, medical condition or sickness, not just an injury from a car accident while Dashing.
Neither Thomas nor Mark would qualify for this benefit unless they bought their policies before they became disabled.
So, as you can see, it is very difficult for a driver to get any kind of disability benefits unless they have been dutifully paying taxes somehow. If you have any questions or need representation call a Disability Lawyer serving NYC or use the contact form below for a free consultation.
photo source: meanwell-packaging.co.uk/ via https://commons.wikimedia.org/wiki/File:Food_delivery_driver_in_car.jpg