I have been permanently injured. Can I qualify for Social Security Disability?

Question: Last month I injured my spine on a construction job site and can no longer work.  I've already run through my medical coverage and am now tapping into my savings.   need to know whether I am eligible for disability.

Response:  It is an unfortunate fact that during a person's lifetime, he or she may become injured and will not be able to work.  During the time of their disability, the injured party may be eligible for either Social Security benefits or Supplemental Security Income.  To claim Social Security benefits, claimants must show they have a medical condition that will prevent them from working for at least a year or may result in death.  Additionally, a claimant must meet a two-tier earnings test:  1) a "recent work" test which is based on age at the time of disability; and 2) a "duration of work" test that shows the claimant worked the required length of time under Social Security.   In order to apply, you need the following:

  • a social security number;
  • a valid birth or baptismal certificate;
  • names and addresses of doctors, caseworkers, hospitals, and clinics that provided care for you as well as dates of your visits;
  • all of your medical records relating to your injury that are in your possession;
  • laboratory and test results;
  • a summary of where you worked and what type of work you performed; and
  • a copy of your most recent W-2 form.

It is very important that you pass the requisite tests and provide the required documents and information or your claim may be denied.  Talk with a social security lawyer experienced with disability claims to ensure you meet all of the criteria.

Additional Resources:

Answered by Sharon Cullars

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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