How Do I Go on SSI or Disability after an Accident?

To claim benefits under Social Security Disability for a car accident or any other incident, you must have a diagnosed medical condition that has kept you out of work for 12 or more months. To begin the process, you will need to complete the Adult Disability Report, which you can fill out online or by hand after you print out the forms.

This is a lengthy report that asks for extensive medical information, so make sure to have your medical records and test results on hand, along with a list of medications you are taking. You must also include a description of your job duties and information from your most recent W-2. Once everything is complete, you will need to file your claim with your local Social Security office. In about 3 to 5 months, you should receive a decision on whether your claim is approved or denied.

When the Social Security Administration reviews your application, they will base your eligibility on whether you satisfy the following conditions:

Are you currently working? If you worked within the past year and made more than $1,040 per month, your condition does not meet the definition of a disability according to the Social Security Administration. So, in order to be considered for benefits, you must not have worked for at least 12 months or did not earn wages that were more than $1,040 a month.

Do you have a severe injury or condition? The injury or illness you are claiming must be severe enough to pose a significant impairment on your ability to perform basic work functions.

Is your ailment included in the list of disabling conditions? There is a list of disabling conditions that are maintained by the Social Security Administration, which apply to 14 different parts or systems of the body. Your ailment will need to match with a condition on this list, which includes a variety or injuries, such as blindness, paraplegia, immune system disorders, cancer, rheumatoid arthritis, and Huntington’s disease, among many others. If your exact condition is not on the list, the Administration must determine if it matches the severity of one or more of the health issues on the list.

Are you able to resume your previous job duties? Essentially, this is a follow up to the previous question if the condition you are afflicted with is not found on the SSA’s list of disabling conditions. In that case, the reviewer must figure out whether you have an illness / injury that impairs your ability to perform the work duties you had prior to the injury. If you still have the ability to do that sort of work, your claim will be denied. If you are unable to resume those job duties, the SSA will move onto the next question.

Are you able to work in any other capacity? This final question has to do with your ability to engage in any form of meaningful employment aside from what you used to do for a living. Your ability to do so is based on many factors, including your age, education, skills, and previous work experience that may be applied to a new profession. If the Administration finds that you are unable to adjust to another line of work, your request for Social Security Disability will be approved.

If the Social Security Administration denies your claim, you will receive a letter explaining the reason it was denied. Keep in mind that claims are usually denied the first time around, so it’s often a matter of being persistent and appealing the decision by using the 4-step process required by the Social Security Administration:

• Asking for a reconsideration
• Attending a hearing in front of an administrative law judge
• Review by the Appeals Council
• Review by the Federal Court

It’s possible to get a SSD claim denial reversed, allowing you to ultimately access the benefits you have paid into through your tax dollars. Our legal team is here to support you and represent your interests from start to finish.

In that case, please reach out to us and talk to a lawyer with experience in disability claims after a car accident, fall injury, or any other incident where you were seriously injured. Our attorneys can advise you of your rights during a free consultation and help you formulate the best plan of action.

We are a contingency law firm, so you will never pay upfront as one of our clients. Instead, all legal fees are recovered once we have successfully obtained compensation on your behalf. Our law firm also has a Zero Fee Guarantee policy in case we fail to win your case. That way, you have the assurance of knowing that you won’t receive any bills from us if you don’t get paid from a Social Security Disability claim.

We are waiting to assist you 24/7, so contact us today to receive a free, no-obligation case review.

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