Legal Question in Social Security Law in Florida
receiving disability benefits
I am applying for Social Security Disability benefits. On July 29, 1999, I was cut off, as I was driving home from work-as a nurse at a local hospital, by an UNKNOWN driver. I was left wrapped around a pole. After being cut out of my car by The Jaws of Life, I was air lifted to the nearest trauma unit, where I was hospitalized for over a month. I sustained multiple fractures and contusions, to the extent that I needed to have multiple surgeries to repair my injuries. I have metal rods, pins, plates and bone grafts placed through out the left side of my body. I have applied for benefits, and am now waiting for a date to be seen by an administrative law judge. I received confirmation about 7 months ago in January that my date would be sent to me soon. While an ENTIRE 2 years have gone by of waiting for the hearing, although I daily experience great pain throughout my left leg, I feel that I can no longer wait on our Social Security system to help me financially. If I force myself to return to work so that I can pay for the bills that have depleted my savings, even part time, would this hinder any assistance that would be provided to me by social security, including funds paid in retro?
2 Answers from Attorneys
Re: receiving disability benefits
You need to obtain an attorney to represent you in the appeal hearing. You may call me for the name of a specialist in SS in your area as we handle only insurance company claims and individual disability cases. Any attempt to return to work should not reduce your claim for past due back benefits. Also, you are permitted to make attempts to return to work without losing benefits according to some standard rules. The law tries to encourage employment without penalty if unsuccessfull. You need advice on those rules before trying to work. Did you have any Uninsured Mororists coverage on your own auto policy or anyone in the household? Did you have any group disability insurance at work? Call me at 305-445-5475.
Re: receiving disability benefits
Addendum: I would hope that someone looked the facts of your accident to determine if there was any negligence in the design of the roadway or the pole itself. There are current standards for a "breakaway pole" that slips off its base rather than demolish the car. It may be too late but we have had substantial recoveries for roadside hazards and light poles causing injury.
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