If you or a loved one has been involved in a vehicle accident and suffered an injury that has resulted in long-term disability, it is important to seek legal counsel for advice on how best to proceed with your claim.
The Elrod Pope Law Firm serves South Carolina as car accident attorneys in Rock Hill that advocate fiercely for victims whose lives have been changed permanently by a crash. We can help assess whether you meet the eligibility criteria set by the Social Security Administration for disability benefits after a car accident. Reach out to us to request a case consultation.
How a Car Accident Could Qualify You for Disability Coverage
Car accidents can have debilitating effects on a person’s physical health.
For instance, if someone is involved in an accident that causes brain damage, chronic pain, paralysis, or amputation, they may be eligible for disability benefits from the government.
In rare cases, psychological effects can lead to disability qualification. For example, if someone experiences post-traumatic stress disorder (PTSD) caused by a car accident, they may also be eligible for disability benefits. Similarly, depression and anxiety resulting from an accident can also qualify someone for these benefits. It’s important to note that the severity of the injury must be significant enough to cause a decrease in the ability to work in order to qualify for these benefits after a car accident.
Diagnoses of eligible conditions and proof of medical treatments are key in submitting an application for disability insurance.
Eligibility Requirements for Car Accident Victims to Qualify for Disability
To qualify for disability benefits after a car accident, an individual must demonstrate that the injury or condition resulting from the car accident is severe and long-lasting.
Generally, the individual must meet one of two criteria set by the Social Security Administration (SSA): they must either show that they are unable to work due to their medical condition, or they must demonstrate that their medical condition is going to exceed 12 months in length.
In addition to proving that their injury is severe and long-lasting, individuals must also provide evidence that their injuries have significantly impaired their ability to perform basic work activities.
This includes physical tasks such as lifting heavy objects or walking up and down stairs, but it can also include mental capacities such as being able to think clearly and concentrate on tasks.
Furthermore, individuals may need to provide evidence that they can no longer perform job duties in any capacity, including occupations with similar levels of skill and responsibility as those held before the accident.
In order to prove disability status after a car accident, it is important for individuals to obtain accurate diagnoses from qualified medical professionals. This includes obtaining detailed records about any treatments received, as well as any medications prescribed.
Additionally, medical records should make note of any functional limitations due to the injury suffered in the car accident; this may include impairments in communication abilities or problems with reasoning skills. It is also important for individuals to keep documentation of any income received post-accident due to workers’ compensation or personal injury settlements, as this will be taken into account when determining eligibility for disability benefits.
What to Do If a Disability Claim After a Car Accident is Denied
If your disability claim is denied following a car accident, you should understand that you have legal options available to you in order to appeal the decision and potentially receive the benefits owed to you.
In most cases, an attorney experienced in disability law can help ensure that your claim receives a fair evaluation. They understand the process of appealing a denied claim, and they can provide advice on how best to present evidence of your disability and prove its severity.
They also offer valuable insight into what evidence should be included in an appeal or whether any additional steps need to be taken before filing an appeal.
Hiring a Social Security Disability Insurance lawyer to represent your interests throughout the appeals process can help make the aftermath of a traumatic car accident more bearable.
Contact the Elrod Pope Law Firm to Review Your Case
Whether you need a South Carolina car accident attorney in the wake of an accident that left you disabled, or a lawyer to help with claiming Social Security Disability Insurance, we can help. The Elrod Pope Law Firm in Rock Hill, Lake Wylie, and Fort Mill, SC, has a legal team with expertise in each area of long-term injuries.
Reach out for a consultation today to ensure that you exercise all options at your disposal.
Disability Case FAQs
What if my disability is expected to last under a year?
If your medical professional has advised you that your disability is temporary, your claim is unlikely to be approved. The Social Security program rules are written with the expectation that individuals have other resources to guide them through a short-term disability.
However, there may be other options available besides Social Security disability for long-term care, so if you have suffered a debilitating injury, legal counsel is still advised to ensure all options are assessed.
If I eventually recover, will I be able to exit disability and return to work?
Yes. The Social Security program has a return-to-work trial provision that allows benefit recipients to attempt to return to work without worrying about losing their benefits if they are unsuccessful.
