People often ask me if someone with a traumatic injury can get social security disability benefits. The answer is YES, depending on the specific facts of each case. Social security disability payments are not awarded solely on the basis of a diagnosis. The key to obtaining these benefits is to confirm that your limitations are enough so that you cannot work on an ongoing basis.
Social security has a very specific definition of disability. I talk to many clients who believe that since they cannot return to their specific job, they will automatically be found disabled by the Social Security Administration. It is not true.
Definition of disability applicable to social security requirements:
“The inability to perform any substantial profitable activity due to any physically caused physical or mental disabilities that are expected to lead to death or that were intended or expected to continue for a continuous period of at least 12 months. you must have some flaw (s) that prevent you from doing your past relevant work or any other fundamental paid work that exists in the national economy. ” 20 CFR §404.1505
What does this really mean? Basically, your medical or psychiatric condition must be so serious that it does not allow you to do any kind of work on an ongoing basis and have been expected for 12 months or longer or, as expected, for so long. The definition of disability is based on information in your medical records, reports of your physicians about your physical and / or mental limitations, reports of any consultative examinations planned by the Social Security Administration, and your testimony at the hearing before the administrative law judge decides on whether you can return to the work that you have recently performed, or to any other types of work. This definition of disability does not take into account whether you can earn the same amount of money on other types of work. This definition is based solely on your physical and / or mental abilities.
I am also often asked if there is any type of “partial disability”. The answer is no. For social security purposes, your condition must be completely turned off for at least 12 months. However, you can still receive benefits if your condition improves and you return to work. This is called a “closed period” and means that you could not work on a permanent basis for at least 12 months, but now you have recovered and can return to work. For example, if you are injured as a result of a serious car accident, you may need to continue therapy for 18 months. After this period, you will be able to return to work. You can still get social security disability benefits for this 18-month period. However, you will not receive monthly benefits as soon as you can return to work.
Medical evidence of your physical and / or psychological limitations is key to obtaining disability benefits. If you have not been able to work for at least 12 months or expect to be unable to work for a long time, you can apply for social security disability. So, if this describes your situation, you should immediately apply.
Copyright (c) 2009 Sharon A Christie
