Medical malpractice can result in devastating injuries that permanently change a person’s ability to work and function independently. When the effects of a malpractice-related injury are severe enough to prevent someone from maintaining gainful employment, Social Security Disability (SSD) benefits may be an option. However, the path to receiving these benefits is not automatic and depends on specific medical and legal criteria.
How SSD Determines Eligibility Based On Medical Condition
To qualify for Social Security Disability, the Social Security Administration (SSA) must determine that the applicant has a medically determinable impairment that is expected to last at least 12 months or result in death. The condition must also significantly limit the person’s ability to perform basic work activities. Malpractice injuries that might lead to this level of disability include brain damage from surgical errors, loss of mobility due to misdiagnosed infections, or organ damage from improper medication dosing.
According to a social security disability lawyer, applicants must support their claim with medical records, treatment history, and evidence of how their condition affects daily activities and employment capabilities. The SSA evaluates the condition against its own list of qualifying impairments but also considers functional limitations caused by less common conditions on a case-by-case basis.
Examples Of Malpractice Injuries That May Lead To SSD Approval
Some malpractice injuries create long-term health problems severe enough to meet the SSA’s threshold. For example, a patient who suffers a spinal cord injury due to anesthesia mismanagement may experience paralysis, which would generally be considered a qualifying impairment. Similarly, someone who loses vision due to a delayed diagnosis could be eligible if the loss is significant and permanent.
Cognitive impairments due to lack of oxygen during surgery or an untreated stroke may also qualify, especially if the individual can no longer handle basic workplace tasks, such as concentrating or communicating effectively.
The Importance Of Documentation And Timely Application
When applying for SSD benefits after a malpractice injury, it’s critical to compile thorough documentation. This includes not only medical records but also written statements from physicians describing the nature and extent of the disability. Statements from former employers or co-workers describing changes in work performance can also strengthen the application.
Waiting too long to apply can result in gaps in coverage or delayed benefits. It’s best to begin the application process as soon as it becomes clear the injury has led to long-term disability. In some cases, individuals may also be eligible for Supplemental Security Income (SSI), which is a needs-based program for those with limited income and assets.
How A Legal Team Can Support An SSD Claim Linked To Malpractice
Pursuing a Social Security Disability claim after a malpractice injury can be overwhelming, especially while also dealing with the fallout from a legal claim. That’s why working with a medical malpractice lawyer is so valuable.
When Malpractice Meets Disability Law
While SSD claims and medical malpractice suits are handled separately, they often intersect. A successful malpractice claim does not automatically result in SSD approval, and vice versa. However, evidence developed during the malpractice case, such as physician reports, independent medical exams, and expert testimony, can often be useful in the SSD process as well.
SSD benefits provide vital support to individuals unable to work due to serious health conditions. If a malpractice injury has left you permanently impaired, it’s worth exploring whether you qualify. While the application process can be detailed, preparation and professional guidance can make a significant difference. Our friends at Hickey & Turim, S.C. discuss how patients dealing with severe injuries caused by negligent medical care often find themselves in need of both medical justice and long-term financial support.
For anyone recovering from a life-altering medical injury, disability benefits may be one of the few resources available to protect their financial future. If your situation qualifies, consider speaking with an attorney who understands both the legal and medical sides of your case.
