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Social Security Disability and Personal Injury

Many of our clients unfortunately suffer long-term or permanent injuries.  Some of these are devastating injuries such as brain injuries, spinal cord injuries, or burn injuries.  Other clients may have less obvious (at least to the eye), but just as debilitating injuries, such as a fractured or herniated back or neck injury.  A back or neck injury, even one that does not require surgery, can be significant enough to put several types of workers out of work for good – construction workers, factory workers, truck drivers, farmers and farm workers, mill workers, etc. – basically just about any job that has significant physical demands.  These injuries render people unable to earn the same money that they did before their injury.  Strapped for income, folks often turn to Social Security disability benefits.

Anyone who suffers from a permanent injury or injury expected to last longer than one year that keeps them from working is eligible for benefits.  Social Security does not provide short-term or partial disability benefits like workers’ compensation.  Instead, it only provides benefits for total disability.

You also have to meet various “work tests” meaning that you must have worked or “paid in” to the Social Security system for a certain length of time, depending on your age.  Social Security will want to see your doctors’ records, your treatment records, your work history, and several other things before making a determination to pay your benefits.

To say the least, it can be a complicated process.  That’s why we have staff members and attorneys who can help walk you through the steps, and it doesn’t cost you a penny.  We know that many Social Security claims get denied the first time around, and we are willing to help you file an appeal to get the benefits you need.  We realize it’s tough to get through an injury without a source of income.  Social Security won’t provide you with 100% of your income, but it will help.  Also, if you stay on Social Security disability for two years or more, you will receive health coverage from Medicare.

The bottom line is that Social Security can, and oftentimes does, come into play when someone suffers a personal injury.  If you need help with lost income, earnings, etc., don’t be afraid to ask about Social Security.  You paid those social security taxes all those years, so use them!

Edwin Lamberth

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