Can I apply for Social Security Disability during my Personal Injury Claim?

If you are injured in an accident, or have a personal injury claim, there may be simultaneous eligibility for Social Security Disability Insurance and/or Supplemental Security Income payments. The advantages of applying for Social Security benefits can include additional income and medical benefits during the years that litigation will take to reach a conclusion.

Unlike personal injury or Workers’ Compensation cases, causation or liability is not an issue for Social Security disability claims. The only question is whether you can work full-time, and whether the condition has lasted – or is expected to last – for at least twelve consecutive months. The big difference is that a claimant might be eligible for disability payments even if there is no liability – for example, an injury that was the claimant’s own fault, such as a one-car accident or other injury.

People who can no longer work full-time often present with a combination of conditions. They sometimes seek legal advice when they are injured, but they may not be aware or advised of eligibility for Social Security disability benefits. Attorneys who specialize in other areas of the law, such as personal injury or Workers’ Compensation, may not be fully aware of eligibility criteria. Furthermore, there may also be additional eligibility for VA benefits.

It is also important to know that for Social Security disability purposes, the injury does not have to be permanent. Even an injury or condition that resolved after (at least) 12 months can create eligibility for what is called a “closed period” of disability.

If you or someone you know is unable to work due to a medical condition, please contact us for a free case evaluation!

By: Joyce Trudeau of Premier Disability Services, LLC^®