A recent news feature from NEWS OK takes a look the various disability benefits programs offered by the United States Social Security Administration (SSA) and also discuss when a claimant may be eligible to receive disability benefits.
The article was basically a response to questions that had been asked by readers about the Social Security disability programs. The first question was whether a person who became mentally disabled as a result of a car accident would be eligible for Social Security disability benefits.
Before getting to the specifics of this question, it is important to understand when you can apply for Social Security Disability Insurance (SSDI) benefits as a result of mental health condition. However, as you can discuss with and experienced Boston disability attorney, it is often difficult to qualify for benefits with a mental health condition alone unless that condition is particularly severe.
It should be noted that while the Veterans Administration (VA) is much more willing to consider someone totally and permanently disabled as a result of a post traumatic stress disorder (PTSD), SSA may be less willing to do so without an accompanying physical disability. It should also be noted that even though a veteran may have been declared disabled by the the VA after a hearing before an federal administrative law judge (ALJ), it does not mean that determination is binding on the SSA disability case, because they do not use the same guidelines and standards.
As for the car accident victim, if he or she has a disabling mental condition and has a sufficient work history where that person has earned enough quarterly credits to qualify for SSDI benefits, then he or she could apply for benefits based upon the mental health condition as a result of the car accident. Again, it will be difficult to qualify based upon a mental health condition alone, though traumatic brain injury (TBI) from a car accident might be sufficient. Additionally, there is also a significant chance that someone in a car accident who suffered a brain injury would also have a physical disability form the accident as well.
The second question asked was whether someone who had an obvious physical or mental health condition would have access to some type of special program. As the article notes, while there are no special programs for people with severe disabilities, there is what is known as the Compassionate Allowances program that will fast track claimants through the application process and, if necessary, the appeals process when they suffer from a condition that is on the list of conditions which qualify for a Compassionate Allowance. An example of a Compassionate Allowance case would be a claimant who is suffering from kidney failure and is in need of a transplant. This person may not have that much time left to live, and it is difficult to get a transplant, so the agency does not want then to have to wait two years to get benefits in some cases and will allow the claimant to use the Compassionate Allowances program. However, just because someone can get through the process faster, it does not mean they will automatically be approved for benefits.
If you or a loved one is seeking Social Security Disability Insurance in Boston, call for a free and confidential appointment at (617) 777-7777.
Programs available for disabled persons, August 21, 2016, NEWS OK
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Worker Taxed Thousands for Social Security Disability Benefits He Never Received, June 21, 2016, Boston SSDI Lawyer Blog