Can I Receive Social Security Disability Benefits After an Injury?

Social Security disability is a government program with specific eligibility requirements. In order to receive Social Security disability benefits, you must have a physical or mental impairment that prevents you from performing work. This disability must have been ongoing for at least one year or must be expected to lead to death.

These eligibility requirements can be subjective and difficult to navigate, especially as you focus on managing your disability. Some additional guidelines have been developed and implemented by Social Security and the courts regarding qualifications for disability. Ultimately, the more data that can be presented about your impairment, the more likely you will be eligible for benefits. Collaborating with both your medical doctors and an experienced Social Security disability attorney can yield the most effective results.

Can I receive both Workers’ Compensation and Social Security Disability? 

If you have been seriously injured at work, then you might be eligible for both workers’ compensation and Social Security disability. One difference between the two is their separate administration. Social Security disability is organized and operated by the Social Security Administration on the federal government level while workers’ compensation programs are generally overseen at the state level.

It is likely that you might be eligible for workers’ compensation without being eligible for Social Security disability benefits because of the criteria that your impairment or injury must last for at least 12 months. However, if you have been seriously injured in a work-related accident, it would be prudent to speak with an attorney to review both a claim for workers’ compensation and for Social Security disability benefits.

Would I be eligible for Social Security disability if I can perform some work?

Like many questions surrounding disability benefits, in short, it depends. First, the Social Security Administration will determine if your impairment prevents you from performing the same job you had when you became disabled. If that is true, then those reviewing your claim will try to determine if you can perform other types of work.

The Social Security Administration has deemed this other work qualification to be called substantial gainful activity, which is currently defined as any job that pays at least $1,220 per month.

Again, this determination can be subjective since you are the only person who truly understands your physical or mental disabilities. Attorneys who are skilled at negotiating with the Social Security Administration can use your medical history and other evidence to work towards finding a solution that most effectively benefits you.

Should I contact an attorney for help with my claim?  

If you are facing a serious injury or a lasting disability, contact the Tampa Social Security disability lawyers at Barbas, Nuñez, Sanders, Butler & Hovsepian. Consulting with an attorney can help you have a clearer picture of the compensation and benefits that might be owed to you whether it is through a workers’ compensation claim or through applying for Social Security disability benefits. Contact us today.

Resource:

ssa.gov/benefits/disability/

https://www.barbaslaw.com/early-retirement-and-social-security-disability/