Getting hurt in a car, motorcycle, or trucking accident can put your life into a tailspin. You will get lots of mail from personal injury attorneys who can help you with the personal injury settlement. But once the settlement is over, what happens if you still can’t go back to work?
You may ask, “Should I file for Social Security Disability?” This can be tricky. My simple answer is yes. The longer answer considers these things:
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What kind of disability benefit can you apply for?
Before SSA takes an application, they screen non-medical rules. If you have worked long enough in recent years then, like paying an insurance premium, you have paid taxes to have disability insurance coverage. In this scenario, you can file for disability benefits no matter how much money you have left over from the settlement.
The other disability program is Supplemental Security Income. Many people call this by its abbreviation, SSI. SSI is still a disability check. You qualify for it by being disabled plus without financial means. At the start of the disability process, SSA will ask you about income and resources such as bank accounts and property ownership. If you still have money in the bank from the settlement, it is likely going to give you financial means that disqualify you from applying.
To solve this, you can put the money into a special needs trust or spend down the settlement and report it to SSA. You will be eligible to apply the month after the change happened.
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How long are you going to be out of work?
In Social Security law, being a Disabled adult means:
“You must not be able to engage in any substantial gainful work activity because of a medically determinable physical or mental disability(ies) that is either expected to result in death or has lasted or is expected to last for a continuous period of at least 12 months.”
What does that mean? It means that your ailments are going to keep you from getting back in the workforce for a minimum of a year from when you went out of work. You do NOT have to wait a year to file, but if you return to work before 12 months your case is going to be denied.
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What if you return to work?
If your injury heals well-enough to let you return to work in your old job, or in a new job, and you successfully go back to work before being out for 12 months, then on the surface there is not much to be done. SSA has a minimum duration of 12 months out of work. Our experienced attorneys are well-versed in laws about unsuccessful work attempts, work below the statutory limits, and work under special conditions that would not represent a bona fide return to work.
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What if the doctor has released you to work but you are not able?
You should file for disability. Our lawyers understand that Social Security is a total body review. If your doctor was only treating your broken leg, but you also have migraines and severe depression, then the release to work may only pertain to your leg healing. An experienced Social Security attorney can evaluate issues like this and give you the right answers.
If you find yourself in any of the above scenarios and need help, don’t hesitate—in North Carolina, the law firm of Hall & Rouse has practiced Social Security Disability since 1976. For representation on your Social Security Disability, call us at 1-866-425-5347.
