Am I eligible for Social Security disability if I was hurt in a car crash?

Car Passenger Holding Her Neck After a WreckSome people who are hurt in a car accident are eligible for Social Security disability benefits, but many people who suffer significant injuries in car crashes do not qualify for Social Security disability benefits.

If you are injured in a car wreck, your Social Security disability eligibility will depend on whether:

  • You have paid enough into the Social Security system to be eligible for benefits
  • You are disabled according to Social Security disability rules

Car Crash Injuries That May Result in Social Security Disability Eligibility

Car accident injuries are often painful and last for many months. You may be out of work during this time, but you won’t qualify for Social Security disability unless your injuries are permanent and expected to last more than 12 months or cause your death.

Some of the car crash injuries that can be severe enough to qualify for Social Security disability, according to the Listing of Impairments, include:

  • Broken bones. If you suffer a fracture of the femur, tibia, pelvis, or a tarsal bone that keeps you from walking effectively for more than 12 months, then you may qualify for benefits pursuant to Section 1.06 of the Listing of Impairments. Likewise, if you suffer a fracture of an upper extremity, including the humerus, radius, or ulna, and you do not have functional use of your upper extremity for more than 12 months, you may qualify for benefits pursuant to Section 1.07 of the Listing of Impairments.
  • Soft tissue injuries. Soft tissue injuries of an upper or lower extremity, trunk, or face under continuing surgical management to save or restore a major bodily function may qualify for Social Security disability benefits if the major function is not restored or expected to be restored within 12 months. Burns are included in soft tissue injuries. More information about eligibility for soft tissue injuries is included in Section 1.08 of the Listing of Impairments.
  • Traumatic brain injuries. Section 11.18 in the Listing of Impairments describes two ways that someone with a traumatic brain injury may qualify for disability benefits. First, you may qualify if you have disorganization of motor function in two extremities resulting in an extreme limitation in the ability to stand up from a seated position, balance while standing or walking, or use of the upper extremities and the condition persists for at least three months after you are hurt. Alternatively, you may qualify for benefits if you have a marked limitation in physical function and at least one of the following areas of mental functioning: (1) understanding, remembering, or applying information; (2) interacting with others; (3) concentrating, persisting, or maintaining pace; or (4) adapting or managing yourself.
  • Spinal cord injuries. Two sections of the Listing of Impairments deal with spinal cord injuries. Section 1.04 allows people to recover if the spinal cord is damaged and causing nerve root compression that results in pain, weakness, or an inability to walk effectively. Section 11.08 also considers spinal cord disorders and may apply if you are paralyzed because of your injury.
  • Anxiety. If you have a severe and persistent anxiety disorder that affects you in three or more of the following ways: restlessness, getting easily fatigued, difficulty concentrating, irritability, muscle tension, or sleep disturbance, then you may have an anxiety disorder that qualifies for Social Security disability. To qualify pursuant to Listing 12.06, you must also have an extreme limitation of one or a marked limitation of two of the following: (1) understanding, remembering, or applying information; (2) interacting with others; (3) concentrating, persisting, or maintaining pace; or (4) adapting or managing yourself.

You may suffer multiple car accident injuries. Any one of these injuries may not be enough to qualify for Social Security disability benefits on its own, but when all of your injuries are considered together, they may be equal in severity to a Blue Book Listing.

Alternatively, if your injuries do not qualify according to an individual listing or are not equal in severity to a Blue Book listing, then the Social Security Administration may consider your residual functional capacity. If the agency determines that your medical condition, age, education, and work experience prevent you from engaging in substantial gainful activity, then you may be eligible for Social Security disability benefits. 

Contact a Social Security Disability Lawyer Before Applying for Benefits

Whether you suffer a back injury, neck injury, broken bone, or another type of severe injury that is expected to last 12 months or longer, the action you take should be the same. Contact an experienced Boston area Social Security disability lawyer to discuss your potential eligibility.

We help clients throughout New Hampshire, Rhode Island, and Massachusetts get the disability benefits they deserve, and we welcome you to call us or contact us through this website today to learn more.

 

John L. Keefe
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Founding Attorney, Massachusetts Social Security Disability Lawyer