Can You Get SSD or SSI Disability Benefits If you are Injured In An Accident?

Individuals who are injured in accidents most often suffer severe acute injuries that may or may not result in a state of permanent disability. Social Security is not a short-term disability program, nor is it a percentage of disability program like VA disability.

Social Security defines disability as any disabling impairment that prevents an individual from performing substantial work for at least twelve months. Many individuals injured in accidents sustain severe, even life threatening injuries that medically improve within twelve months.

For this reason, disability claims that involve injuries sustained in an accident are routinely denied with a durational denial.

This simply means, that Social Security feels the disability claimant's medical condition will improve to a level that is not considered disabling in less than twelve months.

Often, individuals sustain fractures, muscle or tendon injuries, sprains, cuts, contusions, etc. These injuries will most likely resolve in less than twelve months in most cases. While some people injured in accidents have a hard time getting disability, there are other accident victims who sustain injuries that are so traumatic they leave no doubt that they will never medically improve to a point of not being disabled.

For example, if a person's injuries cause them to be bound to a wheel chair, statutory blindness, vegetative state, extended coma, loss of multiple limbs, or any number of severe traumatic injuries, they most likely will be approved for SSDI or SSI disability on their initial disability claim.

Just because your initial disability claim is denied for duration considerations, it does not mean that you will never be approved for Social Security Disability (SSDI) or SSI based upon injuries you have received as a result of an accident. Severe fractures of ankles, legs, or even arms do not always heal in twelve months and often cause functional limitations for a lifetime.

If your injury has not healed and your disability claim has been denied, you should file an appeal of your denial. It can be difficult to get disability based upon injuries you sustained in an accident but not impossible.

About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.

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