Can I Get Disability After an Auto Accident in Virginia?
Auto accidents can lead to serious, life-altering injuries. If you’ve been in a car accident in Virginia and find yourself unable to work due to your injuries, you might be wondering, “Can I get disability after an auto accident in Virginia?”
The good news is that several forms of financial assistance may be available. However, you often need the help of a car accident lawyer to determine what benefits you are eligible for. At Geoff McDonald & Associates, we can evaluate your case, document your injuries, and advise on your potential eligibility for Social Security Disability benefits in Virginia.
Read on to understand the basics of qualifying for these benefits.
How Do I Qualify for Disability Benefits After an Auto Accident?
Auto accident injuries may qualify for disability if:
- You become physically or mentally incapacitated
- You are not able to engage in a substantial gainful activity (SGA)
- You are unable to perform less demanding work
Generally speaking, to qualify for disability benefits following a car accident, your impairment should be in the Social Security Administration (SSA) Blue Book. This is the listing of impairments with a high likelihood of qualifying for benefits. Some of the auto accident injuries that may qualify for disability include:
- Traumatic brain injury (TBI)
- Spinal cord injuries
- Limb amputation
- Musculoskeletal issues
- Burns
- Psychological trauma and PTSD
However, even if your injury is not listed in the Blue Book, you may still evaluate your residual functional capacity (RFC) to determine eligibility. The Code of Federal Regulations § 416.945 mandates the SSA to evaluate one’s RFC based on:
- Ability to communicate
- Ability to stand
- Gross motor skills
- Ability to walk
- Fine motor skills
- Ability to understand and recall instruction
If your RFC is deemed impaired, so you can’t perform even the slightest work, you may qualify for benefits. The SSA may also review your medications and their impact on your mental and physical capacity to determine eligibility.
Types of Disability Benefits Available After an Auto Accident in Virginia
The Social Security Administration offers disability benefits through its two disability programs, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
Social Security Disability Insurance (SSDI)
SSDI is a federal program designed for individuals who have worked and paid into the Social Security system. To qualify for SSDI after an auto accident, you need to have a qualifying disability under the Code of Federal Regulations § 404.1505.
Additionally, your eligibility for SSDI benefits depends on the number of work credits you’ve earned, which is based on your work history and age. As of 2024, you can earn a maximum of four credits each year, with one credit granted for every $1,730 in income. Typically, you need a minimum of 40 credits to be eligible for SSDI.
Supplemental Security Income (SSI)
If you have limited income and resources, you may qualify for SSI, even if you haven’t worked enough to qualify for SSDI. SSI provides benefits to disabled individuals based on financial need rather than work history. In 2024, your monthly income must be below $943 as an individual or $1,415 as a couple to qualify.
Contact an Auto Accident Lawyer in Virginia Today
While it is possible to get disability after an auto accident in Virginia, eligibility depends on the evaluation of several key factors. A Virginia car attorney can help gather the necessary documentation to prove your injuries and improve your chances of receiving the necessary benefits. The legal team at Geoff McDonald & Associates can also seek the full compensation you deserve from liable parties for your disabling injuries.
Contact us today at 804-888-8888 or by using our online form for a free consultation to discuss your case.