Need to File for Disability After a Car Accident? We Can Help.
Car accidents can devastate your life. Even if you survive a serious car accident, you might not be able to return to work. There’s a chance for car accident victims to get relief from Social Security disability benefits, but those aren’t always guaranteed.
Our Chicago disability attorneys can guide you through the process of securing disability benefits. Our experienced personal injury attorneys can answer your questions. Schedule your free consultation by calling (312) 236-2900 today.
Who Oversees Disability Payments in Illinois?
The Social Security Administration (SSA) oversees disability claims. Disability payments are federal. There will be different requirements to receive these benefits, but a disabilities attorney can explain the nuances of the law for you.
Social Security Disability Insurance
Also known as SSDI, this is an insurance program designed to provide monthly income to workers who have become disabled. It can also provide income to certain family members, like a worker’s spouse or child.
To qualify for SSDI payments, you must have insured status, which means you have worked long enough and recently enough before you became disabled. The SSA counts work credits, which you receive by earning income. You can earn four credits a year. The older you are, the more credits you need to qualify for benefits.
What Are Permanent Disabilities?
Permanent disabilities are injuries that inhibit your normal work duties or participation in typical daily activities after an accident.
These injuries will be ongoing. You might expect them to affect you for the rest of your life. These disabilities will range in degree and impact what kind of work you can do, if any. Disabilities can be partial or total.
What Kind of Injuries Cause Permanent Disabilities?
The severity of the car crash will affect how long you take to heal. For some injuries, you may not fully recover.
Some permanent disabilities could result from:
The effects of a permanent disability may stretch beyond the victim. Their support system, i.e., their family, may need to help the victim adjust to life after the accident.
How Do I Get Compensation for a Permanent Disability?
The SSA lists impairments for applicants to qualify for disability payments. These include fractures of arms or legs, back disorders, soft tissue injuries, anxiety disorders, and other listings.
The list gives requirements to count as disabled. For instance, if you’re suffering from soft tissue injuries, you can’t have had functional use of the affected body part for at least 12 months. Your speech, vision, or eating process must be significantly affected.
These requirements may seem strict, but there could be unique circumstances to match a disability.
Checking Your Residual Functioning Capacity
The Residual Functioning Capacity (RFC) assesses what activities an applicant can still do. A claims examiner will check your medical records and statements from healthcare providers to determine your capabilities.
They’ll examine your exertion levels, whether you’d be better suited sitting down or if you can be more active. The RFC will look at your job before the accident and consider your physical exertion level with your age.
You might not be able to be as physical as you were before, and if you’re old enough, you might qualify for benefits.
Your RFC will also look at non-exertional limitations. These don’t involve strength but could involve dexterity. If you can’t complete some functions, you could qualify for payments.
Your mental capacity will also be considered. If you’re suffering from a mental illness or emotional condition, it could affect your ability to work. Mental RFCs don’t have the same rules as the physical rules, but the SSA will look at the requirements for your previous job to compare with your new capacity.
How Do I Apply for SSDI Payments?
You can apply with the SSA. You can start an online application, but it must be completed at an SSA office.
You’ll provide the SSA with information about your medical conditions and treatments, how your injuries affect your work capabilities, information about prior work, and your education. You’ll complete a disability report.
You’ll be considered if you meet the income, injury list, and RFC requirements. The approval process can take time, but there are presumptive benefits. If you obviously qualify for disability payments, you could receive limited payments until you’re fully approved.
The evaluation can take up to six months. If you’re approved, you’ll receive instructions on how to proceed.
Can I Still Work if I Qualify for Disability?
You might not automatically lose your benefits if you return to work, but you need to know all the details first. SSDI recipients will have a nine-month trial period. These months aren’t always consecutive, just nine months in a five-year period.
You can try to work full-time while receiving your benefits. But you won’t receive a payment if you earn more than a certain threshold after that trial period. You can receive payment for any time your earnings fall below $1,470 a month, you lose your job, or you cannot work at your job.
Receiving disability payments while working can be complex. You need to know what’s allowed before the SSA cuts you off. Discuss the idea with your Chicago disabilities lawyer.
Why Should I Call a Chicago Disabilities Lawyer?
As it should be evident from this cursory overview, qualifying for disability payments can be very complex. Our Chicago car accident lawyers will understand what’s needed to complete a disabilities application and how you can qualify.
They’ll also be able to walk you through recovering compensation from the responsible party after a car accident. The disabilities evaluation can take a long time, so an attorney can help you pursue a compensation claim to help pay for rapidly growing expenses. They can help you investigate your case and negotiate with insurance companies and liable parties.
Call an Experienced Chicago Personal Injury Lawyer
The attorneys at Staver Accident Injury Lawyers, P.C., understand that the aftermath of a crash can be a confusing time. We’ll listen to your story, and they can help you pursue disability payments if you qualify.
Attorney Jared Staver has helped clients in your position. We know crashes are traumatic, and you just want to return to a normal life. We’ll work with you to reach that outcome.
Call (312) 236-2900 or use our online form to schedule your free consultation.
