Can Bartenders and Servers Get Disability Benefits?

Yes, servers and bartenders can get disability benefits. When, and which ones?

I worked in restaurants before I became a lawyer, so I know how physically difficult, mentally difficult and sometimes dangerous working in restaurants can be. Servers must lift heavy food and drink trays, and bartenders must lift boxes of beer or even entire kegs. These can weigh up to one hundred pounds! And dealing with hundreds of customers per night can seem endless. You may already know about these challenges, but did you know that bartending can be dangerous? Especially in Florida!
All jokes aside, sometimes bartenders and servers get injured and can’t work. Other times, they have a medical condition that is unrelated to their job that keeps them from working. What kind of safety net do they have in those times of need?

Social Security Disability Insurance (SSDI)

SSDI is disability insurance paid for by payroll taxes, aka FICA deductions. Bartenders/servers can see these deductions on check stubs. They pay half and the employer pays half. If you’ve paid these for 5 out of the last 10 years then you’re technically eligible for SSDI. But you also must meet Social Security’s definition of disability. In a nutshell, to be disabled you must be unable to work, or expected to be unable to work, for 12 months or more because of a severe medical condition. The bad news is that you must be unable to work any job, not just your restaurant job. That includes less physical work, depending on your age.

The good news is that SSDI pays quite a bit more out than the typical restaurant worker pays in. A worker that earns $20k per year would pay around $1,500 per year and collect around $12,000 per year in SSDI. These numbers are gross simplifications and your situation is probably different. You can find out how much you’ve paid and your SSDI benefit estimate by creating an account at SSA.gov. The point is that bartenders and servers who declare tips and aren’t paid “under the table” will likely be eligible for a decent benefit if they become disabled within 5 years of when they stop working. See the YouTube video above, and don’t hesitate to contact Baltimore Social Security Disability lawyer Emmett B. Irwin if you’d like more information or representation. We are located in Baltimore but represent SSDI clients all over the East Coast.

Supplemental Security Income (SSI)

Those who don’t declare tips and/or get paid “under the table” may have to rely on SSI, which is basically welfare for disabled people. The maximum is currently $943 per month but is reduced by any income or support you receive. Recipients also have to keep countable assets below $2,000 for life. “Welfare for disabled people” means people also have to meet the same disability rules that make SSDI so hard to get. For a detailed explanation of SSI vs SSDI click here. Baltimore Social Security Disability and SSI lawyer Emmett B. Irwin can answer any questions if you contact us.

Workers’ Compensation (WC)

If you get hurt on the job and can’t work as a result, you could get permanent total or partial disability from Workers’ Comp. This is complicated so contact us if you have questions.

Short Term & Long Term Disability Insurance (STD & LTD)

Restaurant workers are generally not offered employer sponsored disability insurance, except maybe hotel restaurant employees.

In summary, servers and bartenders can get disability benefits, but failure to declare tips is not only dishonest but will lower any disability benefit payments. So, restaurant people, be honest and be careful!