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Personal Injury and the Likelihood of Receiving Social Security Disability Benefits

Posted on Nov 8, 2014 by in Injuries and Disabilities | 0 comments

An annual death rate of about 35,000 from car accidents, on top of the more than two million individuals who sustain minor to severe injuries, is a high statistical value. This is why the National Highway Traffic Safety Administration (NHTSA) is tireless in its efforts in enforcing safety traffic rules and in finding ways to continuously reduce the number of mishaps on roads and highways all across the US.

According to the website of The Williams Kherkher Law Firm, with offices in Houston, Texas, knows pretty well that, aside from car accidents, there are many other forms of accidents that can result to serious injuries or death, such as motorcycle accidents, truck accidents, faulty shoulder replacements, drowning, electrocution, and so forth. It also knows, however, that majority of these accidents are due to the carelessness or negligence of someone else, rendering the innocent victim legally allowed to seek and receive compensation from the liable individual.

Many motor vehicle accidents, especially car accidents, occur because someone behind the wheel was drunk, overspeeding, not using signal lights (such as tail or brake lights), texting or talking on the phone with someone, or was distracted. The Williams Kherkher Law Firm website also points out that there are occasions when an accident was caused by a defective part or a poorly-maintained/constructed tool that easily results to ruts, cracks, holes or general wear & tear.

There are also instances when an accident is serious enough to cause permanent disability to a victim. If the disabled victim is employed or had been employed recently and long enough, is below 65 years old, and has paid the required amount of credits required by the Social Security Administration (SSA), then he/she can avail of the Social Security Disability Insurance (SSDI or SSD).

Besides the SSDI, there is also the Supplemental Security Income (SSI); both are the Federal government’s ways of providing permanently disabled persons with cash benefits. SSDI or SSD requirements include: the necessary amount of Social Security credits (earning of credits is made through the monthly payment of Social Security tax, which is deducted from an employee’s salary and identified as FICA or Federal Insurance Contributions Act in his/her paycheck); and, the disability is permanent and renders the insured member not able to perform the work, or any work, he/she performed before the disability; and, that the injury can result to the victim’s death.

SSI does not require earning of credits, though. Just as long as the victim’s age is not beyond 65, he/she has a very low (or is totally without) income or asset, and is disabled or blind, then he/she may be qualified to receive the benefit.

Due to the strictness observed by the SSA in approving claims, however, many applications get denied mainly due to technicality (like a missed signature or information), lack of appropriate documents or failure to file a request for reconsideration or request for a hearing before an Administrative Law Judge (both of which should be within 60 days after receipt of the Notice of Determination on the original claim – this is in the event that the initial application was denied).

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