“If I am involved in an accident and cannot work, when should I apply for Social Security Disability?”
If your doctor finds that you will be disabled for at least one year following your accident.
I assume that you are not injured at work. Because if you were you would have applied for Worker’s Compensation benefits.
An off-the-job trip and fall accident would be covered by short term state disability. New York disability covers the first six months following the accident. After six months, you could be eligible for Social Security Disability.
Short Term Disability
Every New York employee is covered by short term state disability insurance. Employers collect premiums out of payroll deductions every pay period. An employee should file a disability claim with their employer within 30 days after their accident. (There is a two-part form, one completed by the employee, one completed by the treating doctor.) The employer sends the claim to the disability carrier who pays the employee’s disability claim.
The injured person should file for Social Security Disability when out of work for one year. We have had some clients over the years who have applied for Social Security Disability within the first six months following an accident and have been successful with their initial application for Social Security Disability. But the doctor must support the application. Thus, when short term disability runs out after 26 weeks, Social Security Disability benefits could start after short term disability benefits end.
An off-the-job motor vehicle accident is a little more complicated. Injured parties should apply for both short term disability benefits through their employer and no-fault lost wage benefits (usually paid by a person’s own car insurance, but the name of the carrier providing no fault benefits may be more complicated depending on your case) within 30 days after their accident. Similarly as with trip and fall accidents, we advise our clients to apply for Social Security Disability benefits when the treating doctor believes the person will be disabled more than one year.
The no fault carrier will take an offset (that is deduct from the benefits they owe you) any amount you receive from short term disability or Social Security Disability. No fault benefits will pay an injured party for up to three years following an accident. There is no such cap for Social Security Disability benefits.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.