Medical malpractice can I get SSDI?Recently on our disability forum a user asked, If I have been injured from in a medical malpractice accident what are my options for compensation? I know I can file a medical malpractice claim against the doctor, but can I also receive SSDI benefits?
Winning compensation for your medical malpractice injury
If you have been injured from a medical professionals intentional, unintentional, or negligent actions, you may have the right to compensation for your injuries by filing an injury claim against the medical doctor.
You will only win benefits if you can prove the elements of your medical malpractice case.
- The medical professional owed you a duty of care.
- The duty of care was breached.
- The breach was the proximate cause of medical injury.
- You suffered loss or injury due to the accident.
If you are not able to prove all the elements of your case you will NOT win your personal injury claim. Losing your personal injury case, however, does not eliminate your right to SSDI benefits.
Filing for SSDI after a medical injury claim
Even if you are not successful in court it does not mean that you may not ever receive compensation for your injuries. Another option after an injury may be to apply for Social Security Disability Insurance (SSDI).
Social Security Disability Insurance, however, is not an option for everyone. In fact, unless your injury is severe and long-term you will not qualify for benefits. To qualify your condition must meet the following criteria:
- Your condition must be expected to last at least 12 continuous months or result in your death.
- Your condition must be severe.
- Your condition must not allow you to work too many hours or earn too much money.
- You must have worked and earned enough work credits to be insured for SSDI benefits.
Steps to take after a medical malpractice injury
So what do you do immediately following a medical malpractice injury? In some cases, assuming your injury is very minor and will not result in long-term injury or disability, you may settle with the doctors insurance provider.
If your injury is severe, long-term, or will result in any type of loss of ability you may want to consult with an injury lawyer. Injury lawyers generally offer free consultations and can tell you how to proceed with your case.
At the same time that you are considering filing an injury claim you may also want to consider whether you should file for SSDI. For example, if you know that your condition will last 12 continuous months and you will not be able to return to work full-time, you need to contact the Social Security Administration (you may do this even if you decide not to file an injury claim or your claim is pending).
Verify that you have sufficient work credits to qualify for SSDI benefits. Complete your SSDI application. Make sure you understand what you have to prove and how to win your case.
Understand, however, that completing the application does not guarantee that you will be approved. In fact, up to 70% of claimants are denied benefits the first time they apply.
After a medical malpractice injury you may have the option of not only filing a medical malpractice case, you may also be able to file and receive SSDI benefits.
Disability benefits how long will they last?