You have experienced an accident which leads to suffering from a fractured tibia. During this time, your injury probably prevents you from returning to work and performing your duties. Can you obtain social security disability benefits for your broken tibia? Fayetteville AR disability lawyer Ken Kieklak, attorney at law, invites you to keep reading as we cover whether your condition qualifies for the benefits provided by the Social Security Administration.
Does a Fractured Tibia Qualify for Social Security Disability?
To qualify for Social Security benefits due to a disability, a person must meet specific criteria set forth by the Social Security Administration (SSA). First, you must prove you have worked long enough to justify the concession of the benefits. You may ask, “how much work is enough to meet the SSA criteria?” Social Security disability benefits are available to those with enough work credits.
The accrual of work credits can change from year to year. The accumulation of these credits is what will ultimately determine whether you meet the criteria. According to the SSA, the number of credits you need will depend on the age at which you were disabled. Furthermore, according to the SSA, you will need 40 credits. While this is the general amount of credit, younger workers with less amount of work credits may apply.
Once you have met the work credits criteria, the SSA will assess whether your injury or illness falls into their definition of a disability. The SSA uses a five-step process to determine if your illness or injury falls into this category, which we discuss below.
Work and Income
The SSA will investigate whether you are working and generating income. If the SSA finds you make more than $1,220 a month, you may not fall under the definition of disabled set forth by the SSA. However, if you are not currently working, the SSA will assess your injury or condition following the next steps.
Severity of Condition
Your condition must be severe enough to prevent you from performing routine tasks such as walking, standing, or writing – among other functions – for at least a year. You can find whether your condition is classified as severe under the SSA’s criteria by following the next step.
If Your Condition is Listed on the SSA’s List of Disabling Conditions
The SSA follows what is known as the Blue Book. This book contains a list of medical conditions considered severe. While the SSA uses the list as a guide to determine whether your condition is classified as severe, there may be instances where your condition may not be listed. In such situations, the SSA will determine if your condition is similar to one of those contained within their book.
Whether or Not You Can Perform Your Previous Job Responsibilities
This step is straightforward. Just as the question suggests, the SSA will asses whether you can do the job you used to. If it is determined you can return to your previous job, you will not qualify for disability benefits. If, however, the SSA determines that your injury prevents you from returning to your last job, they will move on to the final step.
Whether or Not You Can Perform Another Job
If you can’t go back to doing the work you used to do, the SSA will look at whether you can do another type of work despite your injury. If you can do another job, you will not qualify for Social Security disability benefits. However, if your condition prevents you from doing another type of work, the SSA will qualify you as disabled.
Is My Fractured Tibia Injury Listed on the SSA’s Blue Book?
Under the Blue Book’s sec. 1.00, titled Musculoskeletal System, a fractured tibia injury qualifies as a disabling injury under the SSA’s criteria. Sub-sec. 1.06 states that if a fracture to the femur, tibia, pelvis, or one or more of the tarsal nerves causes the inability to ambulate effectively, and this problem is expected to continue for at least a year, it may qualify as a disabling injury under the SSA.
This process can be overwhelming and confusing, especially if you have never been involved in such processes. An experienced Social Security Disability benefits lawyer can guide you throughout your claim.
Contact a Fayetteville Social Security Disability Attorney
If you or a loved one suffered a disabling injury but are not sure what to do next, Fayetteville social security disability benefits lawyer Ken Kieklak, attorney at law, can help. For more than 20 years, Ken’s office has helped thousands of Arkansans fight to obtain their benefits. Don’t let this experience stop you from getting the benefits you are entitled to. To learn more about your potential claim in a free, confidential consultation, call our law offices today at (479) 316-0438.