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Unable to sit down, stand up, or lay down for long periods of time due to back pain, a bone spur, and bulging discs from a car accident--will I qualify for disability?
I was in a car accident in July. I ended up with a bone spur in my neck and 2 bulging disks. I have a lot of back pain from this daily. I was working 40+ hours a week since July because we needed the money to survive. I have recently had to change jobs and go to a place where I am only required to work 24 hours a week. I can not sit down, walk, stand up or lay down for long periods of time.
I was wondering if I would qualify for benefits. I was also wondering if I would be able to get some insurance. I had insurance at my other job but I lost it when I had to leave. Thank you in advance for all of your help.
Social Security Disability entitlement has two basic components: having a severe mental or physical disabling condition (per the Social Security definition of disability, and the inability to perform SGA, i.e. work and earn at least a certain amount each month. SGA stands for substantial gainful activity and it is basically is a monthly earnings limit that changes from year to year. In 2015, the SGA limit was set at one thousand and seventy dollars per month. To see the current limit: current SGA earnings limit.
Even if you are working only 24 hours weekly, your pay could still put you over the monthly SGA limit. This would mean your disability claim would be denied on the basis of your ability to work and perform SGA with no consideration given to your disabling condition.
Also, there is no insurance provided by Social Security unless you are approved for disability benefits. Even then, Medicare entitlement will begin two years from the date you become entitled to monthly disability benefit.
Note: this does not necessarily mean that a person who has been approved for disability benefits will have to wait two years to get medicare coverage. If their onset date was established far enough back (via the information contained in their medical records), it may be that they have served out the two year medicare waiting period. Also, individuals who are approved for SSI disability only (some individuals will be awarded concurrent benefits, meaning that they will receive both SSD and SSI) will not receive medicare, but medicaid benefits.
I know that this does not help much, but at least it may help you to understand the process a bit. Please feel free to ask other questions.
Return to: Social Security Disability Resource Center, or read answers to Questions
Social Security Disability SSI and Degenerative Disc Disease
Are Social Security Disability Claims Based On Back Pain Usually Turned Down?
How many Social Security disability cases are approved for back pain?
Get your pain symptoms on record so that Social Security can take this into consideration
Never minimize your pain or other symptoms because this can be used against you
Will I qualify for disability due to back pain, a bone spur, and bulging discs?
Degenerative Disc Disease, Social Security Disability, and Applying for Benefits
Degenerative joint disease and Filing for Disability
Herniated Slipped Disc and Filing for Disability
Facts about Lumbar Fusion and Filing for Disability
Facts about Spinal Fusion and Filing for Disability
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria