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How to Get Disability After a Car Accident

How to Get Disability After a Car Accident - Boston Car Accident LawyersSome car accident victims are left with injuries that last a lifetime. Living with a short-term or permanent disability can quickly lead to financial hardships, especially if the injured person is unable to work.

If you are struggling to pay the bills after a car accident in Boston, financial help is possible. One potential source of income is Social Security Disability Insurance (SSDI) benefits.

SSDI is a federal program administered by the Social Security Administration (SSA) that provides monthly income to eligible claimants with disabilities that keep them out of work for at least 12 months. There are strict guidelines that must be met in order to qualify for SSDI. Most claims are denied on the first try, but that doesn’t mean you should give up.

Talk to the Boston car accident attorneys at Kelly & Associates Injury Lawyers today. Our experienced lawyers can review your case and determine whether you have a valid disability claim. We can also help you apply for SSDI and handle appeals, as well as explore whether you can file a personal injury claim against the party at fault for the wreck.

Call or contact us today to schedule a free consultation.

What Is Social Security Disability?

In general, you can file for SSDI benefits following a car accident if the crash renders you unable to work for at least one year.

The easiest way to qualify for benefits is by meeting the criteria for disabilities outlined in the SSA’s Listing of Impairments, also called the Blue Book.

The Blue Book spells out the types of injuries and medical conditions that are qualifying disabilities. Obviously, your best chance of obtaining SSDI benefits will come if your injury or condition clearly aligns with the impairments listed in the book. Otherwise, you will need to show that your condition “medically equals” a listed impairment.

Many of the impairments include injuries commonly suffered by car accident victims. These include:

Being diagnosed with a condition in the Blue Book is not an automatic guarantee for disability benefits. You must be able to prove that the impairment prevents you from working or from being trained to perform a new job. A knowledgeable auto accident attorney can help you collect the documentation you will need to support your claim for SSDI benefits.

Am I Entitled to Disability After A Car Crash?

SSDI benefits are reserved for those people who suffer a disability so severe that they are incapable of performing any meaningful, gainful work.

  • You will only be entitled to Social Security Disability Insurance benefits after a car accident if:
  • You have earned enough credits by working in jobs that paid into the Social Security system.
  • You can show that your injury or condition is a listed impairment that prevented you from working for at least one year or is expected to keep you out of work for at least one year.
  • You are not currently working and earning more than a certain level of income in a “substantial gainful activity” defined by the SSA.
  • There are no jobs that you can perform or be trained to perform within your physical or mental limitations.

Example: Imagine that you were a construction worker that sustained permanent nerve damage in your legs after a car accident. You may no longer be able to climb ladders or work on scaffolds again, but if a Social Security examiner finds that you could perform another job (e.g., sedentary office work), you may be deemed ineligible for SSDI benefits even though you have an impairment listed in the Blue Book.

What If My Injury Is Not Listed?

Even if an injury or condition is not listed in the Blue Book, you may still be able to obtain disability benefits by claiming that you suffer symptoms contained in the regulations. This alternative approach allows you to establish that you have a qualifying disability from multiple injuries or conditions, even if each impairment on its own would not qualify.

Successfully obtaining benefits for an unlisted injury will require significant medical evidence. This includes your medical records along with testimony from treating physicians and/or medical experts who have examined you. You may also need to provide testimony from vocational experts confirming that you cannot perform your old job or a different job for at least one year due to your disability.

If you’re living with a disability after a car accident, the last thing you need to do is to figure out what supporting documentation will be necessary to complete your application for SSDI benefits. Let the trusted attorneys at Kelly & Associates help.

Our proven disability attorneys can collect all of the information for you and arrange to get expert testimony if you don’t have it already. That way, you can feel comfortable that your application is submitted completely and accurately.

How to File a Disability Claim After a Car Accident

To seek SSDI benefits after a car accident, you will need to file an application at your local Social Security office or apply online.

In the application, you must include information and evidence that indicates that you suffer from a listed impairment or from other symptoms that, in combination, equal a listed impairment.

You will also need to establish that your impairment has kept you out of work for at least 12 months or is reasonably expected to keep you out of work for a year or longer. You will also have to show that you are not earning income over a certain maximum level (determined by the SSA each year).

What Happens After You File For Disability

After you file the application, the SSA will review the records and other information you have submitted with your application to determine whether any medical treatment you received for your injuries was successful.

The agency will also examine whether any medication you are taking is successful in controlling any pain or other symptoms you are experiencing. It will also review any kind of physical or cognitive/mental limitations your treating medical providers have placed on you.

The SSA will then assign you a physical residual functional capacity rating based on your ability to perform certain job duties. The categories include sedentary, light, medium, or heavy work, based on your ability to stand, walk, carry or operate objects, or interact with other people.

If you have a rating of sedentary or higher, you will generally be found not disabled (unless you are unable to transfer to a new job because you lack transferable skills or the ability to be trained in new skills).

Applying for SSDI is a very complicated, technical process with a lot of bureaucratic pitfalls. You can rely on the car accident attorneys at Kelly & Associates to help you every step of the way.

When to Contact a Boston Car Accident Lawyer

Don’t be surprised if your initial application for SSDI is rejected. The SSA denies the majority of claims during the first review. In most cases, this is because the application is incomplete. Usually, this means there was not sufficient medical or expert evidence to prove that the claimant was unable to work or be trained in a different but roughly equivalent occupation.

Even when claimants are asked for additional information, the language the SSA uses in their requests can be confusing. As a result, applicants submit the wrong information, which can lead to additional denials or delays.

Hitting these roadblocks does not mean you are out of luck. It just means that it’s time to contact a car accident attorney with experience handling disability benefits claims.

If you have already applied for and been denied SSDI benefits, Kelly & Associates can guide you through the reconsideration and appeals process. Our firm can also uncover additional evidence and information to bolster your application and give it the best possible chance for approval.

Our Boston car accident disability attorney can:

  • Determine what evidence is needed to show that you suffer from a listed impairment or a medically equivalent one
  • Communicate with the SSA for you
  • Represent you during appeals
  • Identify witnesses who can testify to the severity of your disability
  • Prepare you for questions that you may be asked during an administrative hearing
  • Discuss other legal options for compensation if all attempts to obtain SSDI are exhausted

Most Common Mistakes People Make When Applying For SSDI

Errors can make or break a claim for SSDI. Here are some of the most common errors that claimants make when applying for Social Security disability benefits:

  • Filing a disability claim while working: If you are claiming that you are too disabled work, applying for SSDI while you are holding down a job does not make sense. The SSA will notice this inconsistency.
  • Applying too soon: Remember, your disability must have lasted for one year or longer.
  • Incomplete medical records: The SSA may have its own physician examine you, but don’t let that exam serve as the only proof of your disability. Get complete medical records from all your doctors and medical providers to supplement your application.
  • Not enough work credits: Your employment history matters when it comes to getting disability benefits. You earn work credits for every year that you work a job that pays into the Social Security system. Generally, you must have earned 20 work credits over the last 15 years to receive SSDI, with certain age exceptions. If there has been a gap in your employment, you need to call your local SSA office and ask for your Date of Last Insured (DLI). If you became disabled before your DLI, you are more likely to gain approval for disability benefits. If your injury occurred after your DLI, you may still be able to obtain benefits, but it could be more complicated.
  • Not following doctor’s orders: It’s essential to follow all of the treatment plans prescribed by your physicians and other therapists. Failure to do so could lead SSA examiners to believe that you are not as disabled as you claim to be.
  • Not seeking legal advice: Getting an attorney’s help to apply for disability benefits after a car accident can simplify the process and improve your chances of approval. It’s especially important to contact a lawyer if you’ve been denied. Although legal representation is not required during the appeals process, the proceedings operate like a trial. A lawyer can ensure that your rights are protected and will make the best case for you.

Options Beyond SSDI

The other benefit of working with an attorney after a car accident is that you can explore other options for compensation. In accidents that were someone else’s fault, you may be able to obtain compensation by filing a claim against the liable party’s insurance company. If the at-fault party is uninsured or underinsured, you may also be able to claim compensation through your own car insurance policy if you have purchased UM/UIM coverage.

Recovering compensation from these sources can provide money to help with:

  • Current, past, and future medical expenses
  • Prescription medications
  • Rehabilitation, such as physical therapy and occupational therapy
  • Long-term health care equipment, such as wheelchairs, oxygen tanks, and prosthetic devices
  • The cost of home renovations to accommodate the disability
  • Lost income
  • Lost earning capacity
  • Pain and suffering
  • More

Most car accidents claims can be resolved successfully through a settlement with the responsible party. If settlement talks break down, the attorneys at Kelly & Associates are talented trial lawyers who won’t hesitate to fight for you in court if that’s what it takes to recover full and fair compensation for you.

How Can Kelly & Associates Help Me?

If you or a loved one is living with a disability after a crash, the Boston car accident attorneys at Kelly & Associates Injury Lawyers can determine whether you are eligible for Social Security disability benefits. When you work with us, you get a dedicated legal team who is committed to getting you maximum compensation.

At Kelly & Associates Injury Lawyers, you will get personalized attention from one of our accomplished car accident attorneys. We know how important your case is, and you can trust us to give it the attention it deserves.

Our lawyers can meet with you at our office or at any location that is comfortable for you. Call or contact us today to schedule a free consultation.

How can we help?

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I would highly recommend Michael Kelly to anyone who is seeking a knowledgeable, experienced, and dedicated lawyer.

Frensis P.

your-law-guy-michael-kelly

MEET YOUR LAW GUY MICHAEL D. KELLY, ESQ.

Michael D. Kelly has a diverse background that provides a breadth of legal knowledge that he draws upon in serving his clients. Kelly compiled an excellent academic record during his three years at New England Law in Boston.

HOW DO I CHOOSE AN AUTO ACCIDENT LAWYER IN BOSTON?

You want to select a seasoned car accident attorney who you can trust to fight for you and never give up. At Kelly & Associates Injury Lawyers, we are dedicated to pursuing justice for our clients.
  • You should work with a Boston lawyer who has a thorough knowledge of Massachusetts personal injury law.
     
  • You should choose an accident lawyer who has handled numerous similar cases. Our energetic lawyers at Kelly & Associates Injury Lawyers work on car accident cases every day.
     
     
  • You should select a lawyer who is a good communicator. one who will keep you informed of developments in your case and who will return your phone calls when you have questions.
     
     
     
  • You should select an lawyer who will investigate your case thoroughly and pursue it where it leads.
     
     
     
     
  • You should be represented by a lawyer who has proven skills in negotiating settlements with insurance companies. We have settled hundreds of cases.
     
     
  • You should select a trial lawyer who has the litigation skills to take your case to court if necessary. Having a trial lawyer negotiating on your behalf signals to the insurance companies that you are serious about receiving full compensation. Insurance companies are more likely to offer maximum compensation if they know they will end up in court otherwise. The lawyers at Kelly & Associates Injury Lawyers are talented, experienced trial lawyers.
     
     
     

WHAT CAR ACCIDENT COMPENSATION CAN BE RECOVERED IN BOSTON?

Related Information

If you have been injured in a car accident, you should initially file a claim with the insurer of the car in which you were riding. Drivers in Massachusetts are required to carry certain mandatory amounts of auto insurance coverage including Personal Injury Protection. This is sometimes referred to as no-fault insurance. PIP covers the medical bills for each person in the car who is injured in an accident. Regardless of who caused the accident, the insurance company should cover your medical bills for personal injuries and may cover a portion of your lost wages up to $8,000 per person, according to the terms of the policy.

If your injuries are more serious and exceed $2,000 or meet certain conditions such as involving broken bones, spinal cord injury, serious disfigurement, eye damage or hearing loss, burn injuries, then you may be entitled to file a car accident lawsuit and seek compensation for your injuries and other losses if another driver was at fault in the accident.

Medical Bills

You may have a right to seek car accident compensation for your medical bills, rehabilitation, prescribe medicines and the costs of your future medical treatment for rehabilitation related to your injuries.

Lost Wages

The Commonwealth of Massachusetts allows you to seek compensation for lost income if your injuries forced you to miss work. If your injuries prevent you from returning to work or limit the type of work you can perform, then you may seek compensation for your reduced earning capacity.

Pain and Suffering

Massachusetts juries may award compensation for both physical and emotional pain. You may seek compensation for your pain and mental anguish, as well as the past and future shock and anxiety resulting from your injury. This is commonly referred to as pain and suffering.

Disfigurement

If your injuries caused scarring and disfigurement, the loss of a limb or changes in your appearance, you may seek compensation for disfigurement.

Property Damage

You may seek compensation to pay for your car repairs or replace your car if it was totaled.

WHO IS AT FAULT AND MASSACHUSETTS NO-FAULT RULES

All drivers in the state of Massachusetts have a legal responsibility to operate their cars with reasonable care so they do not put other at risk. If a driver shirks his or her legal duty and drivers in a careless manner such as speeding running a traffic light, the driver is considered to be negligent in the eyes of the law.

An insurance claims adjuster will make a determination of fault based on the police accident report, witness statements, medical records, and evidence gathered at the scene.

In some car accidents, more than one driver or other party is partially at fault. Massachussetts uses the legal doctrine of comparative fault in these cases. A jury will be instructed to determine the degree of fault that each party bears for causing an accident. In the Commonwealth, you may still collect damages in a car accident lawsuit so long as you are no more that 50 percent responsible for causing of your injuries. If you are found to be partly responsible, any car accident compensation you are awarded would be reduced proportionately by your percentage of fault.

For example, if a Suffolk County jury awarded $100,000 in damages and found that you were 25 percent at fault for causing your own injuries, then you would be entitled to recieve $75,000 in damages.

For minor accidents, Massachusetts handles most of them under No Fault rules. In this situation drivers cannot take each other to court for auto accidents unless the following conditions occur:

You have incurred $2,000 or more in medical bills or other expenses.

You have suffered a serious injury as the result of a Boston auto accident which can include loss of hearing or vision, broken bones and or permanent disfigurement.

MASSACHUSETTS CAR INSURANCE REQUIREMENTS

The state of Massachusetts has a few specific requirements for car insurance to make sure residents have coverage that is adequate in case they are involved in an accident. These requirements are in place to protect you but can quickly increase the cost of your policy's rates depending on the limits you choose. If you're a safe driver you will probably be eligible for a discount on your insurance premium.

You must carry the following 4 types of insurance if you own a vehicle in the state of Massachusetts:

Bodily Injury
to Other

$20,000
per person

$40,000
per accident

Personal Injury Protection (PIP)

$8,000
per person in an accident

Damage to Someone Else's Property

$5,000
per accident

Bodily Injury Caused by an Uninsured Auto

$20,000
per person

$40,000
per accident

Personal Injury Protection (PIP) is coverage that will cover you or your passenger's injuries caused in an auto accident. This coverage is there regardless of who is at fault.

BOSTON CAR ACCIDENT STATUTE OF LIMITATIONS

You have three years from the date of your auto accident to file a car accident claim in a Massachusetts court. This statue of limitations is your deadline and is the same three years for wrongful death and product liability cases. The deadline may be extended in special circumstances to allow for discovery of an injury if it was not detectable until long after the crash.

For claims againts a government entity. claims must be handled within 30 days of the accident or injury.

BOSTON CAR ACCIDENT STATUTE OF LIMITATIONS

Dealing with a insurance company that has denied your claim can be extremely frustrating. If you are trying to recover from a serious injury such as broken bones, it can add to your stress and slow your recovery. It is important to understand why your claim was denied.

You should seek the help of a Boston car accident lawyer if another driver's insurance company has denied your claim. An experienced attorney can review the facts regarding the auto accident claim and explain whether you

have a valid claim and what steps to take. Having a clear understanding of your legal options is important to know how to proceed. If the insurance company was acting in bad faith, the accident lawsuit on your behalf against the at-fault driver and his or her insurer to pursue car accident compensation.

CAUSE OF CAR ACCIDENTS NEAR ME

It is well known that boston is a dangerous place to drive. Boston has heavy commuter traffic and a high number of aggressive drivers that make it more likely that you or someone you know will be involved in a serious accident. There are many types of driver behaviors that prove to be dangerous or deadly. Among the common causes of accidents are:
AGGRESSIVE DRIVING
Blind Spots
Work Zone Construction

COMMON TYPES OF CAR ACCIDENT LAWSUITS

Side-Impact
Multi-Vehicle Accidents
Rollovers