Exploring Civil Case Proceedings

Exploring Civil Case Proceedings

Has A Car Accident Knocked You Flat? What You Need To Know To File For Disability Assistance

by Becky Freeman

It's a tragic reality that every year thousands of people are seriously injured in car accidents. If you've suffered disabling injuries as a result of an accident, you may be worried about bills piling up. Fortunately, if you qualify for disability benefits, there's a chance you could get back on your feet financially. Here's what you need to know about filing your claim.

The Type Of Injury Affects Your Eligibility

Many kinds of injuries can be sustained in a car accident, and not every type is considered equally serious when it comes to a disability filing. You may have an easier time proving your inability to work if you have sustained at least one of the following injuries:

  • Broken bones in an arm or leg that are slow to heal or require multiple surgeries to correct.
  • Serious burns that are slow to heal or impact your mobility.
  • Loss of more than one limb.
  • A brain injury from which you do not fully recover.

Other injuries do not disqualify your from receiving benefits, but you should expect your application to be met with far more scrutiny. Common injuries that fall into this second category include the following:

  • Whiplash that results in chronic neck or back pain.
  • Anxiety that prevents you from carrying out normal daily tasks.
  • Prolonged internal bleeding requiring blood transfusions.
  • Generalized pain that persists for a long period after the accident.

You will need to gather significant evidence of impairment if you intend to file for disability benefits based on one of these injuries, since they are not considered to be disabling by default.

Level Of Impairment Matters Most

While having injuries that appear very serious will likely move your case along more quickly, the most important factor is your residual functioning capacity, or RSF. When making the ultimate determination of whether or not your are disabled, the Social Security Administration will rely heavily on this metric.

If you are still capable of doing even a simple job, your residual functioning capacity will reflect it. While you may not be able to continue doing the same work your were doing before, you usually will not be awarded disabled status if you are capable of performing tasks for even sedentary jobs.

Elements of your ability that will be assessed include whether you can stand or sit for long periods, communicate with others, carry certain amounts of weight, keep up your attendance at work, and regularly maintain the same level of productivity.

Evidence Will Save Your Case

Two thirds of disability cases are denied in the first pass of examination, and an even higher percentage are rejected at the appeal stage. In order to make sure your case doesn't suffer this fate, you have to amass strong evidence that your impairment is serious.

Hiring a disability lawyer is a good first step. A lawyer, like those at Horn & Kelley, PC Attorneys at Law, can work with you to get statements from your doctor, your employer, the police officer who handled your car accident, and other relevant people. Legal counsel can also be useful in preparing your personal statement about your disability and how it affects your life. When filling out the forms for your initial application, your lawyer should go over everything slowly and explain anything you don't understand.

Having a lawyer at this early stage of the process will pay off in the long run if your case is dismissed at first. Your counsel will already know the details of your disability, and he or she can more swiftly prepare an appeal, which means you won't have to wait as long for your benefits.

Getting your life back on track can feel impossible if you're disabled in a car accident, but it doesn't have to be. Start putting together your case for disability benefits today, and soon you'll be able to regain some of your lost independence.


About Me

Exploring Civil Case Proceedings

Hello and welcome, I'm Winfred Paulo. I have a passion for civil court cases of all kinds. Some time back, I ended up in the thick of a civil case after a lengthy dispute with my neighbor. The dispute went on for years and ended badly with an incident that landed us both in court. We had to prove our side of the case in an effort to obtain a positive outcome and recoup our losses. Unfortunately, I lost the case due to a lack of evidence. Since then, I've maintain a strong interest in civil cases and their proceedings. I will share information about civil cases on this site to help others understand these proceedings better. I may talk about legal terms, and expected outcomes for each case type. I hope you visit often to learn more. Thanks for stopping by my website.