I was in a horrible car accident and sustained some permanent injuries. How do I go about filing a disability claim?

Question: I was in a horrible auto accident and because of a broken vertebrae, I am now disabled and unable to work.  I need to know how do I file for social security disability.

Response: As you have a medical condition that prevents you from working at least a year or more, you may be eligible to claim disability through the Social Security Administration or through the Supplemental Security Income program.  Below is the requisite criteria:

  • You must show that your injury prevents you from working for a year or more or is life-threatening.
  • You must show that you have earned enough work credits to qualify for Social Security; the credits are earned based on a quarter calendar and your eligibility is determined based on your age at the time of your disability as well as your work duration before you were injured.
  • You must provide medical information and sources to your state's disability agency for review.
  • Once your claim is reviewed, it may be accepted or rejected at this point.  If it is rejected, you have the option to file an appeal.

Note that the overall process is a timely one and usually takes an average of 120 days to complete – that is if your claim isn't summarily reject.  Filing an appeal can take much longer.  Because of the complexity of steps to get through a claim for disability, you should consult with an attorney experienced with the Social Security process.

Answered by Sharon Cullars

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Disclaimer: This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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