Maternity Benefits from Social Security Disability

Pregnancy may keep a woman off the job, but getting disability benefits for maternity reasons is a complicated step as the US Social Security Administration (SSA) does not grant any monetary benefits for maternity. Only certain states like California, New Jersey, and New York provide maternity benefits under social security. In rare instances of premature delivery, you may be compensated with disability benefits.

Reasons for Denial

Generally, the SSA allocates compensatory benefits for disabilities which last more than a year. Even if you are not working during your pregnancy, it is not considered a disability as it lasts for less than a year. However, if the other parent of the child is deceased, maternity benefits can be claimed for under special grounds. Otherwise monetary benefits are not granted for leaving the job during pregnancy or for taking care of your new-born baby.

Maternity Leave Disability

Paid maternity leaves are provided to the pregnant women under the Family and Medical Leave Act (FMLA) in states like California and New York. FMLA is governed by the Department of Labor (DOL), and it grants a maximum of 12 weeks of unpaid leave and the right to return to the same job. This leave benefit can be obtained only if

• you have worked for a minimum of 1 year to a government organization or an employer along with 50 or more employees, or if
• you have worked at least 1,250 hours in the previous year of employment for that employer.

Insurance

Though Social security does not pay maternity disability benefits, it pays maternity allowance and maternity grant for women who have insured for these benefits. Such a maternity insurance can be obtained by men also who will be provided with maternity grant alone. Maternity allowance is paid up to 14 weeks of leave from the job due to the pregnancy, provided the leave is not taken 7 weeks before the expected delivery date. A weekly benefit which covers 80% of the weekly insurable earning is given as maternity allowance. Maternity grant is given to women who have given birth. A grant of $300 is paid per child

Getting Legal Help

The maternity benefits and leave sanctions are quite complicated and vary from state to state. It may vary from case to case also. Hence, you can get appropriate advice and assistance only when you consult the disability benefits attorney.