A serious car accident is terrifying and traumatic. After surviving a car accident, an injury victim may face many changes in their life and an uncertain future. This is especially distressing when the injury is catastrophic with long-term or permanent adverse impacts, including the inability to return to work in the previous capacity, or at all. A catastrophic injury can also make it difficult to accomplish routine daily tasks. A successful Kansas City personal injury claim can recover compensation for economic damages, including lost income and diminished future earning ability, but many injury victims ask, “Do I still qualify for disability benefits after a car accident if I recover compensation for reduced earning ability in a personal injury claim?”
A Car Accident Victim Can Still Collect Disability After Winning a Personal Injury Claim
A car accident victim can still qualify for disability benefits even after recovering a settlement or court award for damages, including compensation for lost earnings and reduced earning ability. Social Security Disability (SSDI) pays a person who meets the qualifications of “disabled.” Unlike the amount recovered in a personal injury claim for diminished future earning ability, the amount of monthly disability benefits is based on the average income for the disabled person’s area, not on the injury victim’s previous income. A car accident survivor with a catastrophic injury may be entitled to disability benefits if they meet the following conditions:
- They are over age 18 and have accumulated 20 Social Security credits from work that paid into Social Security (workers receive a credit for every $1,450 earned, with a maximum of four credits per year)
- Their physical or cognitive injury leaves them unable to work for at least a year, or permanently
- They have a condition or injury that prevents them from gaining employment
To apply for disability, you must not have received a denial for a previous application within 60 days.
Qualifying for Disability Benefits After a Car Accident
A car accident victim does not always qualify for SSDI benefits. To qualify, an applicant must show more than a catastrophic injury alone. They must demonstrate not only that they cannot continue to work in their previous capacity, but that they cannot work at all. For example, a person with a spinal cord injury with paralysis below the waist may not be able to return to their construction job, but may still be able to gain employment at a desk job.
Do I Qualify for Disability After a Car Accident?
A car accident victim can show that they qualify for disability after the accident by demonstrating that they have an impairment listed in the disability “Blue Book.” This list includes a multitude of musculoskeletal disorders, special senses and speech disorders, and disorders of the cardiovascular system, digestive system, skin, and neurological system that could result from catastrophic injuries in a car accident. Representation by a skilled Kansas City car accident lawyer near you can help an accident victim determine whether or not they meet the requirements for receiving disability, and then assist with preparing and submitting the SSDI application.