Does a Spinal Cord Injury Qualify for Disability?
Does a Spinal Cord Injury Qualify for Disability?
Researchers say that there are as many as 300,000 people living with spinal cord injuries in the United States. Additionally, around 18,000 people sustain a new spinal cord injury each year across the country. Often, these incidents are caused by vehicle accidents, workplace accidents, sports injuries, or another type of severe incident. But does a spinal cord injury qualify for disability?
Let’s discuss whether a person with a spinal cord injury can file for Social Security disability benefits. We know that this is incredibly important for families who may be struggling to pay the exorbitant medical bills and having to adjust to less income if a victim can no longer work.
Get the help you deserve—reach out to a trusted spinal cord injury lawyer for a free consultation.
Key Takeaways: Does a Spinal Cord Injury Qualify for Disability?
- A person with a spinal cord injury may be eligible for Social Security disability benefits if their condition meets specific medical standards.
- The Social Security Administration (SSA) outlines these standards in its official “Blue Book” under the section for neurological disorders.
- Eligibility often depends on having a complete loss of function in a body part, difficulty with movement in two limbs, or a combination of physical and cognitive challenges.
- Individuals who do not meet the precise Blue Book criteria may still qualify for benefits through a Medical-Vocational Allowance.
Medically Qualifying for Disability Benefits After a Spinal Cord Injury
You may have heard that it is incredibly difficult for individuals to qualify for Social Security disability benefits, especially on the first round of the application. First, it is important to know that disability benefits will only be approved if the injury meets the requirements listed in the Social Security Administration’s Blue Book.
In order for a person to qualify for disability as a result of a spinal cord injury, an individual must have a documented injury that causes one of the following three conditions:
- Complete loss of function of any body part. This can include the paralysis of an arm or a leg. Individuals who experience paraplegia (the loss of use of lower limbs) or quadriplegia (the loss of use of all limbs) will typically automatically qualify for benefits in this scenario. However, even those who are not paraplegic or quadriplegic can still qualify. Spinal cord injuries can cause paralysis of other muscles and result in a person qualifying for disability benefits.
- Have abnormal ability in the movement of two extremities. This can include an arm and a leg, two legs, or two arms. The injury will have to result in extreme difficulty in the ability to balance while walking or standing, the ability to stand up from a seated position, or the ability to use hands or arms.
- A significant physical spinal cord issue that is not quite extreme, but combined with serious limitation in any of the following cognitive areas:
- The ability to remember, understand or use information
- Social interactions with others
- The ability to work quickly or concentrate on tasks
- The ability to adapt to new changes or take care of oneself
Any individual wishing to qualify for Social Security disability benefits after a spinal cord injury will have to submit adequate evidence, including a diagnosis from a doctor, test and scan results, as well as statements from caseworkers and various other professionals.
What About the Medical-Vocational Allowance?
Individuals who do not meet the Blue Book qualifications for Social Security disability benefits may still qualify for disability benefits under the Medical-Vocational Allowance. This is not something that many people are aware of, but it does allow a person to file a claim for benefits and ask for a Residual Functional Capacity Evaluation from the SSA. If an evaluation discovers that a person cannot work any type of full-time job with their current injuries and disability, a claim for disability benefits may be approved.
Regardless of the route that an individual is taking to receive Social Security disability benefits, it is incredibly important to work with a skilled spinal cord injury attorney in Orange County who has the resources and experience necessary to handle every aspect of these claims. Dealing with the Social Security Administration can be challenging and frustrating, but an attorney will be able to help you with every step of the process.
Spinal Cord Injury Disability FAQs
Here are answers to some common questions people have about spinal cord injuries and the support available.
What financial support is available after a spinal cord injury besides disability benefits?
If your spinal cord injury was caused by another person’s negligence or an on-the-job incident, you might be able to pursue financial recovery through a civil lawsuit or a workers’ compensation claim. These legal actions are separate from Social Security disability and can help cover costs that disability benefits do not, including:
- All current and future medical treatment
- Lost wages and diminished earning capacity
- Pain, suffering, and loss of quality of life
This type of compensation is meant to hold the responsible party accountable and provide for your long-term needs.
Can a person still work while receiving disability benefits for a spinal cord injury?
The Social Security Administration has rules about working while receiving benefits. Generally, you cannot engage in what the SSA calls “Substantial Gainful Activity” (SGA). This refers to work that earns you more than a certain amount of money each month. The specific income limit can change each year. The SSA has trial work periods that allow some individuals to test their ability to work without immediately losing their benefits.
What if the initial application for disability benefits is denied?
A denial is not the end of the road. Many initial applications are denied, but you have the right to appeal the decision. The appeals process has several stages, starting with a Request for Reconsideration and potentially leading to a hearing with an administrative law judge. It’s important to act quickly, as there are strict deadlines for filing an appeal.
How does the SSA view a partial vs. a total spinal cord injury?
The SSA evaluates the functional limitations caused by the injury, not just the diagnosis itself. A complete spinal cord injury, which results in a total loss of function below the injury site, may lead to a faster approval. However, an incomplete injury that still severely limits your ability to stand, walk, or use your hands and arms can also meet the SSA’s requirements for disability.
What is the difference between SSDI and SSI benefits for a spinal cord injury?
Social Security Disability Insurance (SSDI) is available to individuals who have worked and paid into the Social Security system through taxes. Supplemental Security Income (SSI) is a needs-based program that does not require a prior work history. It is available to adults and children with significant disabilities who have very limited income and resources. Both programs use the same medical criteria to determine disability.
Understanding these different avenues of support can help you and your family plan for the future.
Discuss Your Legal Options with a Southern California Injury Attorney
A spinal cord injury changes every part of your life, creating immense physical, emotional, and financial challenges. While disability benefits can provide a measure of stability, they are often not enough to cover the full, long-term costs of a catastrophic injury. If your injury was the result of a car accident, a construction site incident, a defective product, or another party’s carelessness, you have the right to seek justice.
At Bentley & More LLP, our top-rated trial attorneys are dedicated to telling your story and fighting for the resources you need to live with dignity. We focus on serious and catastrophic injury cases that require dedicated litigation and a deep understanding of the law. Our team provides aggressive and compassionate representation to clients throughout Southern California, including:
- Newport Beach
- Orange County
- Riverside
- San Bernardino
We handle the legal complexities of your case so you can focus on your health and your family. We also frequently receive referrals from other lawyers who trust us with their clients’ most difficult and important cases.
Contact Bentley & More LLP today at (949) 870-3800 or through our online form for a free, no-obligation consultation to learn how we can help.
