got rear ended by driver who was on phone and the result was back injury for me, the company paid me a settlement but, the back injury pain is still there everyday,doctor cannot do anything more for me besides pain meds . my question is can i still apply for disability? Thankyou
Yes, you can. Whatever settlement you got would not affect your eligibility, which would instead be based on an investigation of whether you are able to work or not. Unfortunately, you will probably find with that kind of injury that your first answer is likely to be "no". A lot of people give up at that point, but in reality, they do that somewhat just as a cost-saving measure, and that's NOT the final answer. You can appeal that decision, and many people do end up reversing the initial denial on appeal, so please consult an attorney in your area who handles these cases for more information about how to get past their procedural hurdles. Good luck.
In addition to the fine answers from my esteemed colleagues, I offer the following:
Please note, that while a settlement would not affect your eligibility for SSD, it might very well impact your eligibility or benefit level under SSI disability. The rules that follow presume you were speaking of Social Security disability programs, of course the rules vary if by "disability" you were referring to another state, federal or private insurance disability program.
Social Security Disability (SSD) and Supplemental Security Income (SSI).
SSD is financed with Social Security taxes paid by workers, employers, and self-employed persons. To be eligible for a Social Security benefit, the worker must earn sufficient credits based on taxable work to be "insured" for Social Security purposes. Disability benefits are payable to: blind or disabled workers, their children, widow(er)s, and adults disabled since childhood The worker will get Medicare coverage automatically after receiving disability benefits for two years. The amount of the monthly disability benefit is based on the Social Security earnings record of the insured worker.
SSI is financed through general revenues from taxes, meaning benefits are not based on your prior work history. In most states, beneficiaries will automatically be eligible for Medicaid. SSI benefits are payable to: individuals age 65 or older, adults who are disabled or blind, children who are disabled or blind. Eligibility requirements: have limited income and resources, meet the living arrangement requirements, be a U.S. citizen or national, or in one of certain categories of aliens. The monthly payment varies up to the maximum federal benefit rate, which may be supplemented by the state.
Whether you are disabled or not is determined under the same analysis for either program. Social Security reviews cases using the five-step sequential evaluation process to decide is a person is disabled. Here are the 5 questions that make up the sequential evaluation process:
(1) Does your impairment keep you from being able to perform a substantial gainful activity (SGA), generally full-time, competitive, work?
(2) Is your impairment severe? AND, is your impairment expected to remain severe for at least 12 months?
(3) Does your impairment “meet or equal” one of Social Security’s “Listing of Impairments?” A listing of medical conditions, acceptable medical evidence, and the severity necessary for an impairment to be considered disabling. There are separate listings for adults and for children.
(4) Does your impairment prevent you from being able to perform any job you performed over the last 15 years which was also a substantial gainful activity?
(5) Does your impairment prevent you from being able to perform any other type of work which exists in substantial numbers of the national economy?
