If you’re seriously injured in a car wreck and your injuries are expected to keep you out of work for at least 12 months, you can apply for disability benefits through the Social Security Administration (SSA). Applications can be submitted online, over the phone, or in person at a local office.
Filing on your own is possible, but the process is detailed, and most initial claims in Georgia are denied. An experienced Social Security Disability lawyer in Atlanta can gather strong medical evidence and represent you at appeal hearings to significantly increase your odds of approval.
Below, we break down how to file for Social Security Disability after a car accident, step by step.
When to File for Social Security Disability After a Car Accident
The Social Security Administration (SSA) runs two main disability programs: Social Security Disability Insurance (SSDI) for workers with sufficient work history, and Supplemental Security Income (SSI) for those with limited income and resources. Either way, the SSA has strict standards focused on the severity and duration of your injuries.
You’d file for Social Security Disability when your car wreck has caused one of the following conditions:
- A traumatic brain injury (TBI) with lasting cognitive, memory, or behavioral problems
- A spinal cord injury causing paralysis or significant loss of mobility
- Severe fractures that haven’t healed properly or require ongoing surgical management
- Chronic back or neck injuries with persistent pain and limited mobility
- Severe burns with long-term nerve damage or scarring that limits function
- Soft tissue injuries under continuing surgical management
- PTSD or other psychological injuries that meet the SSA’s mental health criteria and prevent you from working
In each case, the injury must keep you out of work for at least 12 months and prevent you from performing any substantial gainful activity (SGA), not just your previous job.
Get the strong arm
How to File for Social Security Disability After an Atlanta Car Accident
Filing for Social Security Disability after a car accident in Atlanta involves a few key steps that an attorney can help you with. Here’s what to do:
Gather Medical Evidence
Collect hospital records, imaging results, doctor’s notes, and treatment plans documenting your car accident injuries. The stronger your medical file, the better your chances of approval.
Knowing what you should ask your doctor after a car accident can help you build the documentation the SSA needs.
Choose How to Apply
There are three ways:
- Apply online for disability benefits through SSA’s official portal, which is typically the fastest option and lets you save your progress as you go.
- Apply by phone by calling 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday, 8 a.m. to 7 p.m.
- Apply in person by visiting a local Atlanta Social Security field office: 3105 Clairmont Road or Marquis 1 at 245 Peachtree Center Avenue.
Complete the Application
You’ll need to provide your work history, medical records, treating physicians’ contact info, medications, and details about how your injuries affect daily activities.
Wait for Determination
When you file for Social Security Disability after a car accident, your application is forwarded to Georgia’s Disability Adjudication Services (DAS), the state agency that decides whether you meet the SSA’s disability criteria. This review typically takes three to six months.
Appeal if Denied
If your claim is denied (as many initial claims are), you can request reconsideration, then a hearing before an Administrative Law Judge at the Atlanta Office of Hearings Operations. Approval rates rise significantly at the hearing level.
It can be daunting going through the process alone, especially knowing that there’s a high risk of your application being denied. That’s when a Social Security Disability lawyer can take the pressure off and help you build a stronger case.
How Much Will You Receive in Social Security Disability?
How much you’ll receive in Social Security Disability after a car accident depends on your work history, not the severity of your injuries. SSDI payments vary widely from person to person because they’re calculated based on your average lifetime earnings before becoming disabled.
If you don’t qualify for SSDI, you may still be eligible for Supplemental Security Income (SSI), which is a needs-based program with set federal payment amounts. The Social Security Administration adjusts both SSDI and SSI rates each year for cost of living.
Keep in mind that Social Security Disability is designed to replace lost income; it doesn’t cover non-economic damages like emotional distress or loss of enjoyment of life.
For that, you’d need to pursue a personal injury claim, which is how the compensation for pain and suffering is worth in a car accident gets calculated separately from any disability benefits.
Why Hire a Social Security Disability Attorney in Atlanta?
There are plenty of reasons to bring in a Social Security Disability attorney, but a few stand out. You should strongly consider hiring one if:
- You‘re not familiar with the process: SSDI applications involve detailed paperwork, technical medical terminology, and strict deadlines. An attorney handles all of it for you, so nothing falls through the cracks.
- English isn‘t your first language: The application can be confusing even for native English speakers. A bilingual attorney or one with translation support ensures nothing gets lost in translation and that your claim accurately reflects your situation.
- You want to increase your odds of being approved: Remember, most initial claims in Georgia are denied. An attorney knows how to present your medical evidence, work history, and limitations in the way the SSA wants to see them.
- You‘ve been denied before: If your initial claim was rejected, an attorney can identify what went wrong, gather additional evidence, and represent you at the appeal hearing (where approval rates are significantly higher).
- You want to get the most you‘re entitled to: An attorney makes sure your back pay, monthly benefits, and any related compensation (such as a personal injury claim from the same accident) are all accounted for.
Whether you’re just starting your application or appealing a denial, having a car accident lawyer to help you file for Social Security Disability can make a difference.
Maximize Your Chances of Approval
You’ve been through a lot. The last thing you want to do is spend weeks buried in confusing paperwork while you’re still trying to heal.
At John Foy & Associates, we know how to file for Social Security Disability after a car accident the right way. This involves gathering the medical evidence the SSA wants to see, completing the application accurately, and standing beside you through any appeals.
We’ve spent over 350 years of combined experience fighting for injured victims and recovering more than $1 billion for our clients. Call us today for a free consultation. You pay nothing unless we win.
(404) 400-4000 or complete a Free Case Evaluation form