Car Accident Attorney: Qualifying For Disability Benefits

Car accidents can be traumatic experiences for those involved. In addition to physical injuries, victims of car accidents can suffer financial losses, emotional trauma, post-traumatic stress disorder, and other long-term effects. 

For these reasons, it is important to seek the assistance of a car accident lawyer to ensure that victims are adequately compensated for their losses.

If you are still unable to work due to physical or mental disabilities or sustained a car accident, you can be eligible for disability compensation. 

Hip and arm fractures, back issues, soft tissue injuries, and brain traumas are possible car crash ailments. 

After a car accident, you could face psychological stress, such as helplessness and worry. You may request disability benefits from the Social Security Administration if these symptoms have kept you from working for a year or so (or are expected to keep you from working for that long). 

Read on to know more about disability benefits for those significantly affected by a car accident and where to find car accident attorneys. 

Disability Listing 

If you match the medical criteria for a disability designation, it is simple to have Social Security decide your condition. The Listing of disabilities contains these listings (the “Blue Book”). 

Although the SSA often requires strict adherence to the rules, in some cases, the medical expert may determine that your status “medically equals” a listing.

The criteria for collecting disability benefits for each disability designation that most usually apply to injuries sustained in auto accidents are listed below.

Broken Arm Or Leg

A bone is considered to have fractured when it experiences trauma and is split or shattered.

Fractures of the thigh, shin, pelvis or tarsal bones are covered under SSA Disability Listing 1.06. (in the foot).

 You would need to demonstrate each of the following to meet this disability listing:

• A fracture is not healing and in which there has not been a “solid union” of the bone, preventing the patient from walking normally for at least a year. 
• You wouldn’t be able to carry out your regular everyday activities. You would also require a tool that prevents you from efficiently using both of your arms, like a walker or two crutches.

Listing 1.07 addresses fractures of the arm, wrist, or elbow bones. To meet this disability designation, you would have to exhibit each of the following:

• Constant medical attention
• Bone that hasn’t fused
• At least a year without the ability to use your arm normally 
• You’ve also tried surgery and other treatments to help you regain the use of your arm. You wouldn’t be able to pick things up with your hands and fingers or carry them with your arm.

To use this listing, you must also provide evidence of a fracture, such as an x-ray, an MRI, or a bone scan.

Returning Requirements

A car accident could hurt your back or make an existing ailment worse. The spine conditions listed in Listing 1.04 include fractured vertebrae, slipped discs, and degenerative disc disease. 

You would need to demonstrate evidence of one of the following conditions to be eligible under this disability designation:

• Reduced feeling or reflexes, nerve root compression on an MRI or x-ray, restriction of spine motion, and a positive straight-leg raising test are all signs of muscular atrophy (loss of muscle mass with weakening) (if the low back is part of the disability).
• A pathology report or surgical statement shows spinal arachnoiditis, painful cramping, weakness, and severe walking impairment. 
• MRI or x-ray evidence of lumbar spinal stenosis. The need to change postures more frequently than once every two hours.

How to Assess Your Post-Injury Functional Capacity

The Social Security Administration (SSA) will look at your residual functional capacity (RFC) to see if you can perform even modest work, even if you do not match one of the handicaps mentioned above criteria. 

The SSA will examine your hospitalization records following a car accident to assess whether your medical care was effective and whether there were any issues. 

Moreover, the SSA will also consider any limitations on your ability to work that your doctor may have imposed, how well your drugs regulate any pain symptoms, and whether you have adhered to any necessary medical therapy.

To be considered incapacitated, you frequently need to be subject to less-than-sedentary medical restrictions (unless you are over 55 and cannot transition to a new type of work because you lack the necessary transferable job skills). 

You may also speak with a disability attorney in Fort Myers for more information. 

Conclusion 

After an accident, a car accident attorney is a great benefit. They are equipped with the skills and experience necessary to guarantee that your rights are upheld and that you receive the highest compensation for any losses resulting from the accident. 

They can help you through the legal system and, if necessary, provide you with knowledgeable advice and court representation to help you get the best result for your case.

Avard Law attorneys specialize in areas including Social Security Disability, Personal Injury, Workers’ Compensation, and Veterans’ Benefits throughout South Florida. Speak to car accident attorneys today!