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.
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 and, in particularly severe cases, a person might suffer from catastrophic injuries that permanently alter his or her lifestyle and ability to work.
Depending on the severity of the injuries suffered in an auto accident, the auto accident victim may be able to recover Social Security disability benefits, such as Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
In order to be eligible for Social Security disability benefits, however, you must prove that you suffer from a medical condi
tion so severe that you are unable to engage in substantial gainful employment for twelve months or more.
In order to receive Social Security disability benefits following an auto accident, you must do the following:
1. 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
2. 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.
3. 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.
