Have you been involved in a car accident and suffered severe injuries that prevent you from working? Do you wonder if you can secure disability benefits to overcome these challenging times?
Motor vehicle accidents can stop you from working for months or even years. Without a steady source of income, debts can quickly start piling up, creating extra stress in your life.
Luckily, if you are in this situation, you might qualify for financial compensation through Social Security Disability Benefits.
However, securing disability benefits is not always that easy; there are a bunch of rules you must follow to apply and strict criteria to meet.
In this article, we’ll tell you all you need to know about disability benefits for car accident injuries. You’ll learn if your case qualifies, how to apply, and how working with an experienced disability lawyer can enhance your chances of winning.
Can You Apply for Disability Benefits After A Car Accident?
Yes, you can apply for Social Security Disability Insurance (SSDI) with a case for motor vehicle accident injury.
After a car accident, some people have severe physical or mental injuries that make them unable to go back to their jobs.
If your injuries are severe enough to prevent you from performing your current job or getting a new one, you may qualify for financial compensation.
Remember that SSDI is a long-term disability compensation. Your inability to work must be expected to last for at least 12 months or longer to meet the Social Security Administration (SSA) criteria,
And finally, to secure the benefits, you must have collected enough work credits from previous jobs and SSA taxes. How many work credits you’ll need depends on your age and how many years you have worked.
As long as you meet those rules, you have a chance of being eligible for monthly disability checks.
Can You Get SSDI Even if You Win a Car Accident Settlement?
Many claimants wonder what happens if they have already received a car accident settlement. Does it compromise SSDI eligibility?
A car accident settlement means the victim and the party at fault (or their insurance company) have reached an agreement. Thanks to this agreement, the parties avoid going to trial, and the victim receives financial compensation.
What does that mean for your SSDI claim?
Typically, receiving personal injury compensation doesn’t affect your disability benefits eligibility.
Since SSDI is based on your work history and disability status, receiving financial compensation from the party at fault won’t compromise your case.
Things change if you are applying for Supplemental Security Income (SSI). This program is also granted by the SSA, with the difference that SSI aims to assist claimants with low or no income and resources.
If you receive an external source of income, such as a car accident compensation, that exceeds the allowed cap, the SSA will disqualify your application.
Which Injuries Qualify for SSDI?
Not all types of injuries will qualify you for disability benefits. Your injuries must meet the SSA’s definition of disability to be eligible,
These are some common conditions resulting from a motor vehicle accident that can qualify for SSDI:
Bone Fractures or Joint Injuries
In some cases, arm or leg fractures can be incredibly debilitating, hindering your ability to work. The same applies to joining injuries.
Spinal Cord Injuries
Back and spinal cord injuries can be long-term or permanent, negatively affecting your capacity to perform or get a job.
Traumatic Brain Injury
Some car accidents result in the victim hitting their head, causing traumatic brain injury (TBI). TBI may need time off from work to rest and recover.
Psychological Trauma (Anxiety, Depression, PTSD)
The trauma of a car accident can lead to mental health disorders that compromise the person’s ability to engage in a gainful activity.
Amputation
Amputation can make it impossible to perform certain movements and tasks, such as pushing, lifting, climbing, and more.
Burns
Burns due to car accidents can cause deep tissue damage, leading to months of pain and a long recovery period.
Filing A Disability Claim for Car Accident Injury
To seek disability benefits (SSDI or SSI), you must file a claim at your nearest SSA office or online.
In the application, you must submit all relevant and up-to-date evidence that supports your impairment.
Furthermore, you will have to establish that your injuries are expected to stop you from working for at least 12 months.
6 Ways a Disability Attorney Can Enhance Your Chances of Winning
Winning a disability case for a car accident injury is not easy. About 70% of claimants are rejected in the initial review. Although most cases are successful after appeal, the process is long and frustrating.
These are some of the tasks an attorney will complete to help you secure SSDI:
- Reviewing your case: Attorneys first review your case and determine the best way to proceed.
- Gathering medical evidence: The lawyer will contact your healthcare providers, seek relevant medical records, and request copies. All those tasks take valuable time, time that you can instead spend on your recovery.
- Filing the claim: Your attorney will file the initial claim, ensuring the submission of all necessary documents.
- Keeping track of deadlines: Missing important deadlines can get you automatically disqualified.
- Maintain communication with the SSA: This will help you quickly learn about your case’s latest updates, allowing you to act promptly in case more evidence is needed.
- Prepare you to appeal: In case of an appeal, the lawyer will prepare you and represent you at the hearing.
Final Thoughts
Getting disability benefits for a car accident injury is possible. This financial assistance can help you navigate these difficult times while you recover and can return to work.
However, you must be aware that the SSA has a strict protocol for reviewing claims and granting disability benefits. Knowing how this process works can increase your chances of winning.
We advise you to build a solid case with strong medical evidence that helps you secure the benefits you deserve.