Depending on the severity of the injuries suffered in an auto accident, the victim may be able to recover Social Security disability after a car accident. This also includes Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Unlike personal injury damages, Social Security disability benefits do not require that you prove liability or negligence, and you might be able to obtain disability benefits even if you were responsible for the auto accident.
In order to be eligible for Social Security disability benefits, however, you must prove that you suffer from a medical condition so severe that you are unable to engage in substantial gainful employment for twelve months or more.
Car accidents often result in serious injuries with long-lasting impacts. In some cases, a car accident victim may be unable to return to work for a period of time. In particularly severe cases, a person might suffer from catastrophic injuries that permanently alter his or her lifestyle and ability to work.
How to File a Social Security Disability Claim
In order to receive Social Security disability benefits following an auto accident, you must do the following:
- File a claim for disability benefits with the Social Security Administration (SSA) by telephone, online via the Internet, or in person at your local SSA office. The SSA requires that the following information be provided with your application for social security disability benefits:
- W-2 Form from the previous year
- Social Security Number(s) for your spouse and minor children
- Checking or savings account number information
- Military service discharge information
- Doctor’s name and contact information
- Detailed information regarding medical treatment and medical tests
- Medication and names of prescribing doctor
- Employment information for previous 5 jobs
- Information about any insurance or workers’ compensation claims filed
- Submit to an independent medical exam. After you have filed your disability claim with the SSA, your claim will be submitted to a State Disability Determination Agency to gather additional information and to make an initial determination on your Social Security disability claim. Your Social Security disability claim is assigned to an adjudicator, who may request additional information or arrange for you to be examined by an independent medical examiner.
- If your Social Security disability claim is denied, a Request for Reconsideration may be filed with the State Disability Determination Agency and a new adjudicator may be assigned to review the claim. If a Request for Reconsideration of your social security disability claim is denied, a Request for Hearing before an Administrative Law Judge may then be filed.
You may be thinking, “I was hurt in a car accident. Do I qualify for SSI?” A social security disability attorney may be able to evaluate your case and help you determine if you qualify for benefits. Additionally, a social security disability lawyer may help you understand how to file a social security disability claim. The Social Security Administration uses complicated and evolving rules to evaluate your level of disability and the benefits you receive. An attorney can help you gather evidence that you need to prove your claim and help get you back on your feet. An attorney may know what questions you can ask your doctor to get the information that SSA will use to evaluate your case.
If you have been injured in an auto accident, it is highly recommended that you consult with an experienced car accident attorney. The Chicago accident and injury lawyers at Ankin Law focus on helping auto accidents victims and Social Security disability applicants with their legal claims. We can help you obtain the full range of compensation to which you may be entitled following an auto accident.
Contact our office at (312) 600-0000 to schedule a free consultation with one of our Chicago car accident lawyers.