Social Security Disability in Schenectady: Can I Get Disability Benefits After a Car Accident?

schenectady social security disabilityA car accident frequently causes permanent injuries and sometimes makes it impossible for you to work and earn a living in the future.  When you are permanently injured in a motor vehicle collision, it i important to understand the types of benefits that may be available to provide for your needs.

Latimer Stroud, LLP can help you to understand your legal rights and can assist you in maximizing the benefits and income you receive after an accident. Call today to speak with a disability lawyer to learn more about how we can help.

Can I Get Disability Benefits After a Car Accident?

After a motor vehicle accident causes serious injuries, you should recover compensation from the driver who was responsible for causing the collision. If the other driver was to blame for the accident, he should pay you for lost income, pain and suffering, emotional distress and lost income.

If your injuries were not serious or if you were responsible for causing the collision, then you may be able to obtain medical coverage and lost income/wages through uninsured motorist coverage or personal injury protection (PIP).  PIP provides 80 percent of your lost wages up to a maximum of $2,000 per month for three years.  After this time, you are no longer able to receive lost wages. 

You may also be eligible for Social Security Disability (SSD) benefits, which will provide you with monthly disability income for as long as you continue to meet the qualifying criteria. SSD benefits can continue to be paid each month up until the time of your retirement, provided you are still considered “disabled.”

However, the Social Security Administration has very strict criteria for exactly when you can qualify for benefits.  You must:

  • Have a disabling condition that has lasted a year, that will last a year or that is going to be fatal.
  • Have a disabling condition, along with specific symptoms, listed in the Blue Book (formally called the Listing of Impairments) or be able to prove your condition is equivalent in severity.
  • Not be engaged in substantial gainful activity, which is defined as earning more than $1,070 per month or $1,800 per month if you are blind.
  • Not be able to do any job that you have had in the past or that you could do based on your education and work background.
  • Have earned a sufficient number of work credits or have limited resources and a low income, depending upon which benefit program you are applying for.

Getting Legal Help with Social Security Disability in Schenectady

Your car accident injuries, therefore, would need to be permanent or potentially fatal and would need to meet the SSA’s strict and narrow definition of disabled. Your attorney can assess your medical impairments and help you to determine if you are likely to qualify for benefits. Latimer Stroud, LLP can also help you with your application so you will have the best chance of your claim being approved. Call today to speak with a member of our legal team to learn more.

Suzanne Latimer

Suzanne Latimer

Suzanne graduated cum laude in 1992 and was admitted to practice in Massachusetts that year and New York the following year. After graduation, Suzanne worked for twelve years as a solo practitioner, concentrating in the areas of Family and Matrimonial Law. Since 2005, Suzanne has served as Managing Partner at Latimer/Stroud, LLP.
Suzanne Latimer