Do I Qualify For Disability After My Car Wreck?
Brian O Sutter
Personal Injury
Getting into an auto accident is expensive. While your insurance may help cover some of the damages to your vehicle and some of your medical expenses, they rarely cover the costs of long term care. This can be a financial disaster for your family if you can no longer work because of the injuries you sustained. You may be able to file a personal injury claim but even if you are awarded money it may not last long term if you become disabled. Besides a personal injury claim, you may be able to collect Social Security Disability (SSD) benefits as well. This is especially true if you can no longer work for at least a year or not again as a result of those auto injuries. What Does Social Security Consider A Disability
Some questions you need to determine before you file for disability is to see if you meet the Social Security Administration (SSA) definition of disabled. These include:
● You cannot do the work you did before because of your injuries.
● You cannot be trained to work a job that is less demanding.
● You have received severe mental and physical impairment from your accident that is expected to last a minimum of one year.
● You are not employed in any activity that pays more than the limit set by SSD ( $1,200 per month in 2019).
Types Of Accident Injuries Qualifying for SSD
Getting qualified for SSD means you need to meet Social Security's definition of disability.
While it is not always a given, the Social Security Administration (SSA) has a Blue Book that lists injuries, along with the conditions that they consider a disability. It also contains symptoms that make those injuries disabling. Some of the most common impairments to be found in the SSA Blue Book include:
● Musculoskeletal System Disorders: This is the most common injury that occur in auto accidents.
● Limb Amputations: amputations that results in limited ambulation or can no longer perform fine or gross motor skills and inability to wear prosthetics due to stump complications.
● Spinal Cord Injuries: Evidence of nerve root compression, limitations of the motion of the spine and sensory or reflex loss.
● Soft Tissue Damage: Soft tissue damage refers to severe burns that require continued salvage or restoration of the tissue that will require more than 12 months to complete.
● Neurological Disorders: Included in these disorders are neuromuscular disorders, did a brain injury cause you to develop epilepsy. Communication impairments also fall under this category.
● Sensory Impairment: These include visual disorders, hearing loss and vertigo.
How To Collect Disability Benefits
If you believe your injuries qualify then the next step would be to file for Social Security Disability. Once you have applied, a disability evaluation will be conducted. Your information such as date of birth, address, etc will be collected and then your medical records will be reviewed. You need to file immediately upon your disability as SSD, if they approve you will not pay you until six months from the time of the disability. In addition to your complete medical history and physicians you must have paid Security payroll taxes for a certain length of time. If you have paid into Social Security that you are considered insured for disability purposes.
What Happens If You Get Denied?
It is also a timely process. If you get denied you can re-apply and it could take years for you to get any income from SSD. Obtaining the services of a qualified Social Security Disability lawyer like the team at All Injuries Law can help. We know how to fill out the many forms, obtain accident records, and medical information. We’re also well versed in the appeals process and have over 30 years of experience fighting to get victims their disability benefits. If your disability claim gets denied, don’t worry. Contact us at one of our South Florida offices and we can get started helping you get the compensation you need to protect your family.