Got into a Car Accident? Go for a Social Security Disability
Car accidents can cause serious injuries, sometimes to the point where you can’t go back to work for months or even years. In that case, you may be eligible for Social Security Disability payments to help with injury-related expenses in certain cases. The good news is that many firms are offering a free consultation to evaluate your case and advise you on whether or not you may be entitled to benefits as a result of your injury.
The Social Security Administration’s Disability Criteria
When determining disability benefits, the Social Security Administration (SSA) looks at how your condition prevents you from working rather than the cause of the injury itself. Therefore, just because your claim involves an automobile accident does not mean it will be accepted or rejected.
The Social Security Administration (SSA) specifies the following conditions as necessary to qualify as disabled:
a) The severity of your ailment greatly reduces your capacity to do even the most fundamental of your work responsibilities.
b) The condition has a fatal prognosis or will seriously limit your capacity to work for at least a year.
c) The Social Security Administration has determined that you are disabled because your condition appears on its Listing of Impairments or because of some other factor.
d) Because of your condition, you are unable to do any of the work you have in the past or any work that requires you to push yourself to a certain degree, especially as you get older.
In addition, you need to qualify for Social Security Disability Insurance (SSDI) by accruing enough work credits or for Supplemental Security Income by meeting income and asset requirements (SSI). In order to qualify for Social Security Disability Insurance (SSDI), the majority of applicants must have 40 work credits, half of which must have been earned within the last ten years.
The Kinds of Vehicle Accident Injuries That May Qualify You for Benefits
The following are examples of automobile accident injuries that may qualify you for disability benefits:
- Back Injuries
Preexisting back injuries are frequently made worse by car accidents. Spinal cord injury, pinched nerves, and squeezing of the spinal canal in the lumbar region are all possible outcomes.
- Burns
Severe burns from fires or explosions might hinder productivity.
- Fractures
The inability to work due to a broken bone may qualify you for disability compensation.
- Severe Brain Injuries
Victims of car accidents may suffer from traumatic brain injuries after striking the wheel, dashboard, or side of the vehicle.
- Whiplash
When an automobile accident occurs, the victim often suffers from whiplash. Damage to the neck or spine on an MRI may be sufficient to qualify you for compensation.
How about for Injuries That Were Not Listed?
If your injury is not listed, the Social Security Administration will evaluate your residual functional capacity (RFC) to see if there is any work you are capable of doing. Your primary care physician can prepare your RFC form, or the SSA may assign you to a specialist who will complete the form.
The Social Security Administration (SSA) will examine your medical records to determine whether or not any medications you’re taking negatively impact your symptoms or capacity to work. They will also inquire whether you have followed your doctor’s directions and whether or not there are any restrictions that would prevent you from working.
The SSA will also determine your RFC based on how well you can execute routine physical and job-related duties and will then classify you as able to perform heavy, medium, light, or sedentary employment. Individuals are only considered disabled if they have a residual functional capacity (RFC) of less than sedentary work, except those who are above the age of 55 and cannot shift to a new type of work due to a lack of job skills.
Conclusion
If you are involved in a car accident and believe that your injuries prevent you from working, you should consider applying for Social Security Disability benefits. The application process can be complex, but an experienced disability attorney can help you navigate it. If you are approved for benefits, you will receive a monthly payment that can help you cover your living expenses.
If you are looking for well-trusted social security disability lawyers in Miami, FL, look no further than our services here at Avard Law. Our attorneys specialize in Social Security Disability, Personal Injury, Workers’ Compensation, and Veterans’ Benefits throughout South Florida. Call us today, and let us help you with the technicalities of your MS-related benefits in no time.