You can file for Social Security Disability after a work accident using the Social Security Administration’s (SSA) online application form. It’s important that you get this process right because any mistakes may cause delays.
An Atlanta Social Security Disability lawyer will guide you through eligibility requirements and advise on any supporting documents you may need to improve your application. It’s their job to make things as simple as possible, so that you get the benefits you deserve.
A serious workplace injury can impact your ability to work and earn a living in the long term. That’s why we’re here to help you understand exactly how to file for Social Security benefits.
How to Determine Eligibility for Social Security Disability Benefits
When applying for Social Security Disability Insurance (SSDI), you must meet certain criteria. According to the SSA, the following information can be used to confirm your eligibility:
- A disability or medical condition that has lasted at least 12 months or is expected to result in death.
- A disability or medical condition that is severe and prevents you from working.
- You have earned enough Social Security credits from previous employment. This is usually around 40 credits.
Failing to meet any of the above conditions may prevent you from qualifying for disability benefits, so it’s important that you have documentation to support any claims.
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A Guide on How to File for Social Security Disability After a Work Accident
If you’ve suffered a severe injury on the job that has made it difficult to continue working, you may be able to apply for SSDI. Here’s what you should do after the accident:
1. Seek Medical Attention
As soon as the accident has taken place, get the medical attention you need. Have a medical professional conduct a full examination to secure your own safety and ask for a copy of the medical report to act as evidence when applying for SSDI.
2. Gather All Supporting Documents
You want to collect any documentation that could help with your application. This includes medical reports related to your work accident, as well as any test results and doctor statements. Learn more about how to document injuries after an accident.
3. Check Your Eligibility
Having all the documentation on hand will help you figure out whether or not you’re eligible for SSDI. Remember, your disability must be expected to last 12 months or longer, resulting in an inability to work. Plus, you must have enough work credits.
4. Submit Your Application
To apply for Social Security benefits after a work accident, you can use the SSA’s online application form or call one of their representatives to set up an appointment. You will be asked to submit all relevant medical records about your condition, basic personal information, work history from the last five years, and family details.
5. Review
The SSA reviews the non-medical requirements in your application, followed by a review of the medical evidence. This is conducted by the Disability Examiner at Georgia’s Disability Determination Service (DDS). In some cases, the DDS may request an additional medical evaluation before giving their verdict.
What to Do If Your Application is Rejected
If your application is rejected by the SSA and DDS, you are given four opportunities to appeal, which must be completed within 60 days of the rejection.
You can:
- Ask them to reconsider.
- Request a hearing with a judge.
- Request a review with the Appeals Council if you disagree with the result of the judge’s hearing.
- File a federal district court action.
Not every option will apply to your case. But if you do find yourself at the hearing stage or needing to file a federal district court action, a Social Security Disability lawyer can support you through the process.
How Long Does It Take to Get SSDI Benefits?
It can take between six and eight months for the SSA to come to an initial decision on your case. However, this is a general estimate, and the timeline can vary depending on a number of factors.
The nature of your disability and the accessibility of medical evidence will directly impact the time it takes to review your application. And if the DDS decides to send you for an additional medical examination, approval could take even longer.
The SSA’s initial estimate also doesn’t take into account any appeals. Asking for another review and going through court hearings will significantly extend how long it takes to start receiving SSDI benefits.
Does Workers’ Compensation Affect SSDI Benefits?
Yes, workers’ compensation can affect how much money you get from SSDI benefits. When you get into a work accident, you may be eligible for workers’ compensation as well as SSDI. However, there is a limit on how much you can earn through these benefits.
If your combined benefits exceed 80% of your average earnings before the accident, the SSA may reduce your SSDI amount. This is called the workers’ compensation offset.
When you apply for SSDI, you must outline your workers’ compensation payments as soon as possible. This will help to avoid issues later down the line.
How a Social Security Disability Attorney Can Help
Hiring a lawyer who is experienced in Social Security requirements can help to secure a more successful outcome for your case.
At John Foy & Associates, our lawyers have 350 years of combined experience in helping clients across Georgia. We can support you with evidence gathering and making sure your application is as strong as possible before submission. We can also appeal on your behalf if your application is rejected.
Now that you know how to file for Social Security Disability after a work accident, use our guide on how to know if you qualify for SSDI in Georgia to learn more about eligibility.
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